SECOND DIVISION
[G.R. No. 246452. June 19, 2019.]
DARWIN U. GALAN, petitioner, vs.DEPARTMENT OF JUSTICE AND THE PHILIPPINE DEPOSIT INSURANCE CORPORATION, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated19 June 2019which reads as follows:
"G.R. No. 246452 (Darwin U. Galan v. Department of Justice and the Philippine Deposit Insurance Corporation)
After a judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the April 19, 2018 Decision 2 and the February 22, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 09300 for failure of petitioner Darwin U. Galan (petitioner) to sufficiently show that the CA committed any reversible error in finding that the Regional Trial Court of Danao City, Cebu, Branch 25 did not gravely abuse its discretion in denying 4 petitioner's motion to quash. 5
As correctly ruled by the CA, a motion to quash is not the proper remedy to assail the trial court's finding of probable cause. Instead, the remedy is a petition for certiorari under Rule 65 of the Rules of Civil Procedure. 6 HTcADC
In any event, the Court finds no reason to disturb the CA's ruling that probable cause exists to hold petitioner for trial. 7 The Court does not review factual findings of the trial court, which include the determination of probable cause. 8 While there are recognized exceptions to such rule, 9 none of which obtain in the instant case.
The CA was likewise correct in ruling that the pendency of a motion for reconsideration with the Department of Justice does not warrant the quashal of the Information. 10 Pertinent jurisprudence provides that the filing of a motion seeking reconsideration of the prosecutor's resolution finding probable cause does not bar the filing of the Information in court, nor does it forestall the issuance of a warrant of arrest. 11
SO ORDERED."
Very truly yours,
(SGD.) MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 4-24.
2.Id. at 406-424. Penned by Associate Justice Geraldine C. Fiel-Macaraig with Associate Justices Pamela Ann Abella Maxino and Louis P. Acosta, concurring.
3.Id. at 433-437. Penned by Associate Justice Pamela Ann Abella Maxino with Associate Justices Gabriel T. Ingles and Louis P. Acosta, concurring.
4. See Resolution dated January 28, 2014, signed by Presiding Judge Jerry B. Dicdican; id. at 347-349.
5. See Motion to Quash Information against Accused Galan with Motion for Reconsideration of Order Denying Accused Galan's Motion to Defer Service of Warrant of Arrest dated August 16, 2011; id. at 282-296.
6. See id. at 415.
7. See id. at 415-418.
8. See De Joya v. Marquez, 516 Phil. 717, 722 (2006). See also Pineda-Ng v. People, 649 Phil. 225, 231 (2010).
9. See id.
10. See rollo, p. 421.
11. See Ramiscal, Jr. v. Sandiganbayan, 645 Phil. 69, 79 (2010); and Nava v. NBI Regional Office No. XI Davao City, 495 Phil. 354, 370 (2005).