FIRST DIVISION
[G.R. No. 237784. June 11, 2018.]
ENRIQUE JAVIER DE ZUZUARREGUI, petitioner,vs. ANTHONY DE ZUZUARREGUI AND LOURDES TINIO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, First Division, issued a Resolution datedJune 11, 2018which reads as follows: ScHADI
"G.R. No. 237784 (Enrique Javier De Zuzuarregui v. Anthony De Zuzuarregui and Lourdes Tinio). — After review of the records, we resolve to DENY the petition for failure to sufficiently show that the Court of Appeals (CA) committed any reversible error in its Decision dated October 26, 2017 and Resolution dated February 19, 2018.
We agree with the CA in holding that the discretion of the trial court in disposing of a case before it is not absolute nor beyond control; it must be sound and exercised with reasonable bounds. The CA is correct in further holding that in granting or denying a motion to withdraw an information already filed in court, the trial court cannot ignore the recommendation of the prosecution and must judiciously evaluate the evidence in the hands of the prosecution.
The Decision and Resolution of the CA are supported by its finding that the Regional Trial Court failed to take due consideration of, and independently assess the evidence before it, including the Department of Justice's reasoning for clearing appellants (respondents herein) from the charges against them.
WHEREFORE, the petition is DENIED, and the Court of Appeals' Decision dated October 26, 2017 and Resolution dated February 19, 2018 are AFFIRMED.
SO ORDERED." Leonardo-de Castro, J., designated as Acting Chairperson of the First Division per Special Order No. 2559 dated May 11, 2018; Tijam, J., on official leave; Gesmundo, J., designated as Acting Member per Special Order No. 2560 dated May 11, 2018. aICcHA
Very truly yours,
(SGD.) LIBRADA C. BUENAActing Division Clerk of Court