Home 
A REGIONAL Trial Court (RTC) judge has set aside the decision of a Municipal Trial Court in Cities, dismissing a theft case on the same day it was filed in court.
RTC Judge Bienvinido Saniel Jr. of branch 20 said the order of MTCC Judge Edgemelo Rosales of branch 8 could not be accept because due process wasn't observed.
“This court cannot give its imprimatur. In the first place, such finding was reached without a hearing. The prosecution was not afforded an opportunity to present its side and substantiate the validity of its resolution and position,” Saniel said in his order.
Saniel said there was even no motion to quash information filed before the court—a necessary remedy to secure the dismissal of a criminal case.
Julito Quirante was arrested by policemen shortly after he allegedly broke into the store of Virgilia Singco last year.
Singco said Quirante got out of the store and shouted for help.
The policemen arrested the suspect without an arrest warrant after they found Singco’s wallet containing P200 from Quirante.
On Sept. 10, 2008, an information was filed in court. On the same day, Rosales dismissed the case because it was not supported by any evaluation holding as proper in cases of warrantless arrest.
The Office of the Cebu City Prosecutor and the Regional State Prosecutor later filed a motion for reconsideration but was denied. They then filed a certiorari before Saniel.
