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JurisprudenceG.R. No. 180299 -

G.R. No. 180299 - LYNDON D. BOISER,vs. PEOPLE OF THE PHILIPPINES,[1].

Cited Laws

RA 419RA 9262RA 443RA 309
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TL;DR — Ruling

WHEREFORE, premises considered, the petition is hereby DENIED. The assailed orders of the respondent judge are hereby AFFIRMED. Costs against the petitioner. SO ORDERED.

Decision

Ruling

Accordingly, a plea of not guilty was entered for petitioner for each of the 3 criminal cases. On January 2, 2007, petitioner filed a Petition for certiorari [5] before the CA claiming that the family court acted with grave abuse of discretion in issuing the orders denying his omnibus motions to quash the informations. On June 5, 2007, the CA rendered a Decision [6] affirming the Orders of the RTC. In denying the petition, the CA ratiocinated that it cannot reverse the RTC orders because: (1) an order denying a motion to quash is interlocutory and not appealable; and (2) the petitioner failed to positively prove grave abuse of discretion on the part of the RTC judge in the issuance of the assailed orders. The fallo of the Decision reads: WHEREFORE, premises considered, the petition is hereby DENIED. The assailed orders of the respondent judge are hereby AFFIRMED. Costs against the petitioner. SO ORDERED.