Balindong Vs CA
Balindong Vs CA
Balindong Vs CA
FIRST DIVISION
G.R. No. 177600, October 19, 2015
Antecedents
No.
178684
(2)
(3)
(4)
The December 16, 2004 Decision of the Court in G.R. No. 159962
clearly sustained the filing of two Informations for Murder with
Attempted Murder, two Informations for Frustrated Murder and an
Information for Attempted Murder against private respondents. The
Court even directed the implementation of the arrest warrants
against them. This, notwithstanding, private respondents filed a
motion for determination of probable cause and/or dismissal of the
case against them. Worse, this was done after being admonished
by the Court to pay heed to its directives under pain of contempt.
With the finality of this Court's Decision, all issues relative to the
determination of the proper offenses with which to charge private
respondents had been laid to rest. In continuing to file pleadings
and motions purportedly seeking for the clarification of the proper
charges against them, respondents merely rehashed their tired
arguments and unavailing assertions. They did not only succeed in
delaying the conduct of the trial of the aforesaid cases but also
willfully and deliberately flouted this Court's directives with their
stubborn refusal to abide by our pronouncement and their
incessant nit-picking of issues already resolved with finality.
In granting respondents' motions for reconsideration and redetermination of probable cause, and consequently down-grading
the charges against respondents in his Order dated May 12, 2006,
Judge Lee contravened this Court's directive in G.R. No. 159962
and in the subject Resolutions. He impudently substituted his own
judgment for that of this Court. Had he thoroughly reviewed the
insistence
of
Balindong, et
al.
is
legally
unwarranted.
answer
is
no.
Id.
Castro,
Id.
Id.
Id.
at
75-76.
at
99-100.
at
101-107.
10
Supra
11
Id.
12
Supra
13
Id.
at
71.
14
Id.
at
66.
15
Id.
at
67.
16
Supra
note
14.
17
Id.
at
66-67.
18
Id.
at
69-71.
19
Rollo (G.R.
and Perlas-
Endnotes:
65.
ORDERED.chanroblesvirtuallawlibrary
*
at
note
3.
note
1.
No.
177600),
pp.
14-15.
pp.
10-11.
Rollo (G.R.
No.
Id.
Supra
178684),
pp.
at
note
1,
at
20
No.
178684),
3-17.
22
112.
23
59-65.
Rollo(G.R.
Rollo (G.R.
No.
177600),
pp.
15-18.
29
Id.
30
Supra
31
Rollo (G.R.
note
No.
3.
178684),
pp.
236-237.
This history has been noted and listed in G.R. No. 159962, supra
note
21.
32
24
Supra
25
Id.
note
21,
at
205.
at
213.
34
A.M.No.RTJ-03-1771,
35
Id.
26
27
Rollo (G.R.
28
Id.
No.
178684),
p.
14.
May
27,
at
2004,
429
SCRA
258.
265.