SECOND DIVISION
[G.R. No. 243135. February 4, 2019.]
PEOPLE OF THE PHILIPPINES, petitioner,vs. THE REGIONAL TRIAL COURT OF VALENZUELA CITY, BRANCH 269 AND MELLANY AREVALO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated 04 February 2019 which reads as follows:
"G.R. No. 243135 (People of the Philippines v. The Regional Trial Court of Valenzuela City, Branch 269 and Mellany Arevalo)
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 November 19, 2018 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 142620 for failure to sufficiently show that the CA committed any reversible error in holding that the Regional Trial Court of Valenzuela City, Branch 269 (RTC) did not commit grave abuse of discretion in granting respondent Mellany Arevalo's (respondent) petition for bail for the crime of Qualified Theft.
As correctly ruled by the CA, the RTC's grant of bail to respondent was not done in a capricious, arbitrary, and despotic manner. 4 It granted bail only after conducting the bail hearing, reviewing the parties' evidence, and finding that the prosecution failed to strongly establish 5 that respondent stole the entire amount of P26,946,274.41. 6 Basic is the rule that a writ of certiorari shall be issued if the abuse of discretion is grave, as when the power is exercised in an arbitrary or despotic manner by reason of passion or personal hostility; the abuse must be so patent and gross as to amount to an evasion of a positive duty or to a virtual refusal to perform the duty enjoined, or to act at all, in contemplation of law, as to be equivalent to having acted without jurisdiction, 7 which were not shown in this case.
SO ORDERED." (DEL CASTILLO, J., designated Additional Member viceREYES, J., JR., J., per Raffle dated January 30, 2019. HERNANDO, J., designated Additional Member per Special Order Nos. 2629 and 2630 dated December 18, 2018.)
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of CourtBy:(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 9-28.
2.Id. at 36-51. Penned by Associate Justice Maria Elisa Sempio Diy with Associate Justices Jose C. Reyes, Jr. (now a member of this Court) and Franchito N. Diamante, concurring.
3.Id. at 52-54-A.
4. See id. at 46.
5. See People v. Gako, 401 Phil. 514, 534 (2000); see also People v. Escobar, G.R. No. 214300, July 26, 2017, 833 SCRA 196-197.
6. See rollo, pp. 46-47.
7. See Macapagal-Arroyo v. People, G.R. Nos. 220598 and 220953, April 18, 2017, 823 SCRA 370, 388.