G.R. Nos. 207220-21 - ERIC WU A.K.A. WU CHUN AND DAPHNY CHEN, VS. PEOPLE OF THE PHILIPPINES AND HAFTI TOURS, INC..D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Motion to Quash is hereby GRANTED and the instant Information for Estafa be ordered DISMISSED ," [18] Meanwhile, the April 2, 2007 Order of the RTC Branch 114 in Criminal Case No. 07-0254-CFM holds: Evaluating the evidence on record and after a careful and judicious study of the respective allegations of the parties in this case, the Court finds the subject Motion To Quash Information to be well-taken and meritorious as well. The Court concurs with [petitioners] that there is duplicity of offenses charged in this case. The records will show that [petitioners] stand charged for Estafa covering Global Bank Check No. 0000054700 dated October 3, 2002 in the amount of Php291,000.00. However, this check was already presented in evidence by the complainant Hafti Tours Inc. involving prior prosecution against [petitioners] before the Office of the City Prosecutor of Parañaque, Regional Trial Court of Parañaque, Department of Justice and even went up to the Court of Appeals which eventually dismissed all the criminal cases filed against [petitioners]. Likewise, the Court concurs with [petitioners] that the allegations as contained in the Information relative to this case is different from the findings of the Office of the City Prosecutor of Pasay, thus, to the mind of the Court, does not constitute the offense charged of Estafa. In view of the foregoing, the subject Motion To Quash Information is granted; Accordingly, the Information for Estafa against [petitioners] is hereby ordered dismissed." SO ORDERED.