G.R. No. 174874 - GILBERT G. GUY, VS. ASIA UNITED BANK.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, he filed with the Regional Trial Court (RTC), Branch 67, Pasig City two (2) Informations for estafa under Article 315 1(b) of the [RPC] in relation to P.D. No. 115, docketed as Criminal Case Nos. 131883 and 131884. Aggrieved, [Guy] filed with the DOJ [Department of Justice] a Petition for Review, to which [AUB filed] a comment .... On December 22, 2005, [DOJ Secretary Raul] GONZALES ... issued a Resolution, denying the petition for review .... [Petitioner] GUY admittedly received a copy of the December 22, 2005 Resolution ... on December 28, 2005. On January 11, 2006, [he] ... filed a motion for reconsidered thereto. [Respondent] AUB filed its ... its Comment/Manifestation [to the motion for reconsideration] on April 26, 2006. xxx xxx xxx On April 20, 2006 , [DOJ Secretary] GONZALEZ, issued the assailed Resolution, in I.S. No. 05-01-00365 and I.S. No. 05-03-02371, this time, granting the petition for review and reversing his December 22, 2005 Resolution, [disposing] ... as follows: WHEREFORE, the Petition for Review filed by respondent-appellant Gilbert G. Guy is hereby GRANTED, and the assailed Resolution dated October 13, 2005 of the Pasig City Prosecutor's Office is hereby REVERSED and SET ASIDE, and both complaints against respondent-appellant Gilbert G. Guy are hereby DISMISSED. Further, the City Prosecutor of Pasig is hereby ordered to file the corresponding motion to withdraw the Informations in the instant cases for the crime of Estafa under Article 315 (b) of the [RPC] in relation to P.D. 115, and report the action taken thereon within five (5) days from receipt hereof SO ORDERED.