Globe Asiatique News The Decision of the Court of Appeals is not yet final and executory. is this True?

Written by 
Rate this item
(0 votes)

The PNP, HDMF, DOJ, and VP say that the Decision of the Court of Appeals is not yet final and executory because said decision is still being appealed to the Supreme Court? Is that correct?

The statement of the PNP, HDMF, DOJ, and VP is misleading. The Decision of the Court of Appeals consists of two parts:

The first part of the Decision of the Court of Appeals is the finding that Judge Amifaith Reyes committed grave abuse of discretion amounting to lack or excess of jurisdiction in declaring the existence of probable cause for syndicated estafa against Delfin Lee .

This is the part of the Decision of the Court of Appeals that the PNP, HDMF, DOJ and VP are referring as not yet executory because it is still appealable to the Supreme Court.

The second part of the Decision of the Court of Appeals which is the quashal, recall, and lifting of the warrant of arrest against Delfin Lee and the injunction against the PNP and NBI not to anymore implement the warrant of arrest and for Judge Reyes to CEASE and DESIST from proceeding against Delfin Lee in Criminal Case No. 18480, is that part of the Decision that is IMMEDIATELY EXECUTORY.

These parts of the decision of the Court of Appeals are immediately executory because these are interlocutory orders which should be implemented immediately to maintain the status quo.

This is under Sec. 4, Rule 39 of the Rules of Court which states that even if there is appeal or motion for reconsideration of the Decision on injunction, the injunction will still be immediately implemented.


What are the injunction that the Court of Appeals issued?

The injunction against the PNP and NBI who are IMMEDIATELY ORDERED not to implement the warrant of arrest against Delfin Lee; and

The injunction against Judge Reyes of the RTC-Branch 42 of San Fernando, Pampanga not to anymore proceed against Delfin Lee in Criminal Case No. 18480, meaning, not to anymore issue any order or conduct any hearings in Criminal Case No. 18480 that involves Delfin Lee.

Read 983 times