35. DUNGOG vs CA, G.R. L-77850-
51, March 25, 1988
FACTS:
First Assistant Provincial
Fiscal of Bohol Angel S. Ucat, Jr. issued
a resolution finding a prima facie case
for the filing of information of estafa
against Pantaleon del Rosario; that the
same resolution was approved by
Respondent; that on the last week of
October
1985
and
after
the
information had already been filed in
court, the private respondent filed a
Motion for Reinvestigation with the
public respondent Provincial Fiscal;
and that the petitioner submitted his
Opposition And/Or Comment to private
respondent’s
Motion
For
Reinvestigation. Acting on the said
Motion, the respondent Provincial
Fiscal reversing himself and his
assistant fiscal, this time found no
prima facie case against the same
private respondent; that on the same
date, the respondent Provincial Fiscal
filed
an
Omnibus
Motion
for
Postponement of Arraignment and To
Allow Withdrawal of Information in the
above-mentioned case. The presiding
judge of the RTC of Bohol resolved to
