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JurisprudenceG.R. No. 156337 -

G.R. No. 156337 - UNITED COCONUT PLANTERS BANK, VS. ALBERTO T. LOOYUKO AND JIMMY T. GO.D E C I S I O N - Supreme Court E-Library

Cited Laws

RA 246,RA 604,RA 256,RA 428RA 38,RA 610,RA 650,RA 471RA 63,RA 774,RA 460RA 494
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TL;DR — Ruling

WHEREFORE, the assailed resolution is hereby REVERSED and SET ASIDE. The City Prosecutor of Makati City is hereby directed to move for the withdrawal of the information for estafa against respondents Alberto T. Looyuko and Jimmy T. Go filed before the Regional Trial Court, Branch 139, Makati City.

Decision

Ruling

Accordingly, an Information for Estafa under Article 315, paragraph 1(b) of the RPC, in relation to P.D. No. 115 was filed against herein respondents with the Regional Trial Court (RTC) of Makati City. Looyuko then filed a petition for review with the Department of Justice (DOJ) assailing the April 10, 2000 Resolution of the Makati City Prosecutors Office. On the other hand, Go filed a Motion for Reinvestigation with the RTC of Makati City. On August 29, 2000, then DOJ Secretary Artemio G. Tuquero issued a Resolution with the following dispositive portion: WHEREFORE, the assailed resolution is hereby REVERSED and SET ASIDE. The City Prosecutor of Makati City is hereby directed to move for the withdrawal of the information for estafa against respondents Alberto T. Looyuko and Jimmy T. Go filed before the Regional Trial Court, Branch 139, Makati City. SO ORDERED.