G.R. No. 159962 - MAYOR ANWAR BERUA BALINDONG, LT. COL. JALANDONI COTA, MAYOR AMER ODEN BALINDONG, ALI BALINDONG AND HON. HERNANDO PEREZ AS SECRETARY OF JUSTICE, VS. THE HON. COURT OF APPEALS AND ZENAIDA LIMBONA.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the instant Motion for Reconsideration is GRANTED. The Departments Resolution[s] dated August 4, 1999, December 1, 1999 and March 16, 2000 are accordingly, REVERSED and SET ASIDE. The Office of the Provincial Prosecutor of Lanao del Sur is hereby directed to cause the filing of the amended information for double homicide with multiple frustrated homicide against Mayor Anwar Berua Balindong, Lt. Col. Jalandoni Cota and PO1 Kennedy Balindong. While respondents Amer Oden Balindong and Ali S. Balindong are hereby DROPPED from the information. Notwithstanding the earlier transfer of venue to Quezon City, an amended information [26] was filed by Provincial Prosecutor Paca-ambung Macabando on 19 March 2001 in the RTC of Cagayan de Oro City, Branch 20, pursuant to the DOJs above Resolution charging the petitioners of Double Homicide with Multiple Frustrated Homicide. Judge Gregorio Pantanosas of the said court granted [27] the application. On the same day, Executive Judge Mamindiara Mangotara of the RTC of Iligan City, Branch 01, accepted [28] petitioner Anwar Balindongs bail bond and ordered his release from custody. Seeking to have Secretary Perezs 12 March 2001 Resolution annulled, the private respondent filed her own motion for reconsideration [29] with the DOJ. Upon denial [30] of said motion, the private respondent filed a petition for certiorari [31] under Rule 65 [32] in the Court of Appeals. In a Decision [33] dated 22 May 2003, the latter granted the petition for certiorari , reversed the DOJ Resolution dated 12 March 2001 and reinstated the DOJ Resolutions dated 04 August 1999, 01 December 1999 and 16 March 2000. Meanwhile, the prosecution moved for the issuance of a warrant of arrest against the petitioners in the RTC of Quezon City, Branch 219, where the criminal cases for Murder and Frustrated Murder were pending. The petitioners opposed on the ground that there was a pending motion for reconsideration [34] of the decision of the Court of Appeals, which motion was subsequently denied by the said court in a Resolution [35] dated 23 September 2003. The petitioners thereupon filed the present petition for certiorari [36] under Rule 45 [37] before this Court. Meanwhile, the prosecution reiterated its motion for the issuance of a warrant of arrest. The petitioners opposed the same this time on the ground that there is a pending petition before this Court. The trial court initially denied [38] respondents motion for the issuance of a warrant of arrest, but upon reconsideration granted [39] the same. Thus, on 03 December 2003, Pairing Judge Jose Paneda of the RTC of Quezon City, Branch 219, caused the issuance of warrants of arrest [40] against herein petitioners for the above-mentioned cases. The latter moved for the issuance of a temporary restraining order [41] in this Court, which was granted [42] on 18 February 2004 despite vigorous opposition. The temporary restraining order, [43] issued effective immediately and until furthe