G.R. No. 164051 - PHILIPPINE NATIONAL BANK, VS. LILIAN S. SORIANO E C I S I O N. - Supreme Court E-Library

Ruling

WHEREFORE, the undersigned finds prima facie evidence that respondent LILIAN SORIANO is probably guilty of violation of [the] Trust Receipt Law[,] in relation to Article 315 par. 1 (b) of the Revised Penal Code, let therefore 52 counts of ESTAFA be filed against the respondent. [8] Consequently, on 1 August 2001, the same office filed Informations against Soriano for fifty two (52) counts of Estafa (violation of the Trust Receipts Law), docketed as Criminal Case Nos. 2001-0641 to 2001-0693, which were raffled to the Regional Trial Court (RTC), Branch 21, Naga City. Meanwhile, PNB filed a petition for review of the Naga City Prosecutors Resolution before the Secretary of the DOJ. In January 2002, the RTC ordered the dismissal of one of the criminal cases against Soriano, docketed as Criminal Case No. 2001-0671. In March of the same year, Soriano was arraigned in, and pled not guilty to, the rest of the criminal cases. Thereafter, on 16 October 2002, the RTC issued an Order resetting the continuation of the pre-trial on 27 November 2002. On the other litigation front, the DOJ, in a Resolution [9] dated 25 June 2002, reversed and set aside the earlier resolution of the Naga City Prosecutor: WHEREFORE , the questioned resolution is REVERSED and SET ASIDE and the City Prosecutor of Naga City is hereby directed to move, with leave of court, for the withdrawal of the informations for estafa against Lilian S. Soriano in Criminal Case Nos. 2001-0641 to 0693 and to report the action taken thereon within ten (10) days from receipt thereof. [10] On various dates the RTC, through Pairing Judge Novelita Villegas-Llaguno, issued the following Orders: 1. 27 November 2002 [11] When this case was called for continuation of pre-trial[,] [Sorianos] counsel appeared[.] [H]owever, Prosecutor Edgar Imperial failed to appear. Records show that a copy of the Resolution from the Department of Justice promulgated on October 28, 2002 was received by this Court, (sic) denying the Motion for Reconsideration of the Resolution No. 320, series of 2002 reversing that of the City Prosecutor of Naga City and at the same time directing the latter to move with leave of court for the withdrawal of the information[s] for Estafa against Lilian Soriano. Accordingly, the prosecution is hereby given fifteen (15) days from receipt hereof within which to comply with the directive of the Department of Justice. 2. 21 February 2003 [12] Finding the Motion to Withdraw Informations filed by Pros. Edgar Imperial duly approved by the City Prosecutor of Naga City to be meritorious the same is hereby granted. As prayed for, the Informations in Crim. Cases Nos. RTC 2001-0641 to 2001-0693 entitled, People of the Philippines vs. Lilian S. Soriano, consisting of fifty-two (52) cases except for Crim. Case No. RTC 2001-0671 which had been previously dismissed, are hereby ordered WITHDRAWN. 3. 15 July 2003 [13] The prosecution of the criminal cases herein filed being under the control of the City Prosecut