MAYOR ANWAR BERUA BALINDONG, LT. COL. JALANDONI COTA, MAYOR AMER ODEN BALINDONG, AND ALI BALINDONG, VS. COURT OF APPEALS, STATE PROSECUTOR LEAH ARMAMENTO, OFFICE OF THE SOLICITOR GENERAL AND ZENAIDA LIMBONA.

Ruling

WHEREFORE, your resolution is hereby modified. You are directed to file two (2) informations for murder with attempted murder, two (2) informations for frustrated murder and an information for attempted murder against respondents Datu Anwar Berua Balindong, Lt. Col. Jalandoni Cota, PO1 Kennedy Macaborod Balindong, Datu Amer-Oden Sarip Balindong and Datu Ali Sarip Balindong . Report your compliance within ten (10) days from receipt hereof x x x" The corresponding Amended Informations were accordingly filed before the Regional Trial Court of Maguindanao, Cotabato City and docketed as Criminal Case Nos. 2503, 2573, 2574, 2575 and 2576 . Private respondents, in the meantime, filed a second Motion for Reconsideration , which the succeeding DOJ Secretary Artemio G. Tuquero in a 16 March 2000 Resolution denied " with finality and with warning that no further pleadings will be entertained ". Undeterred by the tenor of the denial of their second motion for reconsideration, they filed a Third Motion for Reconsideration that was eventually granted by the new DOJ Secretary Hernando B. Perez in a 12 March 2001 Resolution . Private complainants sought reconsideration thereof but the same was subsequently denied in a 24 July 2001 Resolution , prompting them to bring the matter before the Court of Appeals in a petition for certiorari docketed as C.A. G.R. SP No. 66858 . In a 22 May 2003 Decision , the Court of Appeals set aside the assailed issuances of DOJ Secretary Perez and reinstated the 4 August 1999, 1 December 1999 and 16 March 2000 DOJ Resolutions, in due time denying private respondents' Motion for Reconsideration in a 23 September 2003 Resolution . Later, Criminal Case Nos. 2503 and 2573 were re-raffled to the Regional Trial Court (RTC) of Quezon City, Branch 219 and re-docketed as Criminal Case Nos. Q-01-998992-93 [ sic ], Q-01-100542-43 and Q-01-100594. Then, pursuant to the 22 May 2003 Decision of the Court of Appeals, the RTC-Branch 219 issued a resolution finding probable cause to charge private respondents for Murder with Attempted Murder in Criminal Case No. Q-01-998992-93 [ sic ], Frustrated Murder in Criminal Case No. Q-01-100542-43, and Attempted Murder in Criminal Case No. Q-01-100594. The warrants of arrest were accordingly issued against private respondents, who, undaunted, went up to the Supreme Court to question the Decision of the Court of Appeals by way of a petition for review on certiorari, docketed as G.R. No. 159962 . Soon after, the Supreme Court promulgated therein its 16 December 2004 Decision , the dispositive portion of which states: "WHEREFORE, the petition is DENIED and the Decision of the Court of Appeals dated 22 May 2003 which annulled the DOJ Resolution dated March 12, 2001 and reinstated its Resolutions issued on 04 August 1999, 01 December 1999 and 16 March 2000 is AFFIRMED. The Temporary Restraining Order issued on 18 February 2004 by this Court is hereby LIFTED, and the Regional Trial Court of Quezon City, Branch 219