This case has been cited 2 times or more.
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2005-10-14 |
CARPIO, J. |
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| We adopt our ruling in Diamante III v. People,[18] which involved the same petitioner and almost the same issue. In Diamante III, we ruled as follows:We agree with the Sandiganbayan that the grounds relied upon by the petitioner in support of his motion for reinvestigation are matters of defense involving factual and profound legal issues which involve, inter alia, the application of the rulings of this Court in Llorente and Pecho and should be resolved by it, namely: a) whether the private complainant suffered undue injury because of the petitioner's obstinate refusal to reinstate her before he was charged with violation of Section 3(e) of Rep. Act No. 3019; b) whether the petitioner acted in good faith in terminating the employment of the private complainant; and, c) whether the post facto reinstatement of the private complainant and the payment of her monetary benefits extinguished the petitioner's criminal liability for the crime charged. xxx[19] (Emphasis supplied) | |||||
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2005-04-21 |
CHICO-NAZARIO, J. |
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| It is basic that Rule 45 of the Rules of Court governs appeals from judgment or final orders.[10] A final order is one which disposes of the whole subject matter or terminates a particular proceeding or action, leaving nothing to be done but to enforce by execution what has been determined.[11] The resolution of the Sandiganbayan sought to be reviewed or set aside is not in any sense judgment or a final order, but an interlocutory order.[12] An order is interlocutory if it does not dispose of a case completely, but leaves something more to be done on its merits.[13] The order of the Sandiganbayan denying the motion to quash filed by petitioners is interlocutory in nature because it leaves something more to be done by the Sandiganbayan, by way of resolving the case on the merits. The denial of petitioners' motion to quash allows the same petitioners to enter a plea, go to trial without prejudice on their part to present the special defenses they invoked in their motion and if, after trial on the merits, an adverse decision is rendered, to appeal therefrom via appeal by certiorari.[14] | |||||