G.R. No. 167409 - RODOLFO B. GARCIA, RETIRED MUNICIPAL CIRCUIT TRIAL COURT JUDGE, CALATRAVA-TOBOSO, NEGROS OCCIDENTAL, VS. PRIMO C. MIRO, OMBUDSMAN-VISAYAS, CEBU CITY; DANIEL VILLAFLOR, PROVINCIAL PROSECUTOR, BACOLOD CITY; HON. FRANKLIN M. COBBOL, ACTING PRESIDING JUDGE, MCTC, CALATRAVA-TOBOSO, NEGR

Ruling

Accordingly, the MCTC set aside its earlier order and denied petitioner's motion to quash, the decretal portion of which reads as follows: WHEREFORE, in view of the foregoing considerations, the subject motion for reconsideration filed by the prosecution is granted. Accordingly, the order of this court dated August 25, 2004, granting the accused's motion to quash the information is hereby reconsidered and set aside and, therefore, the accused's motion to quash the information is denied. SO ORDERED.