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[ G.R. No. 131389. February 3, 1999]

PEOPLE OF THE PHILS. et al. vs. LARRY BANAR, et al.

THIRD DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated FEB 3, 1999.

G.R. No. 131389 (People of the Philippines and Chen Shin Ming vs. Larry Banar, Alberto Bernabe, SPO2 Rodolfo Tanigue and SPO2 Abraham Felipe.)

Acting on the petition, the public and private respondents' separate Comments and the petitioner's Reply thereto, the Court DENIES due course to the petition for its failure to show any reversible error on the part of the Court of Appeals. The trial court's grant of Respondent Banar's Demurrer to Evidence, as correctly pointed out by the solicitor general in his Comment, amounts to an acquittal, because it was anchored on the insufficiency of the prosecution's evidence. Hence, a revival of such case, as sought by private complainant, will violate respondents' right against double jeopardy. (Paulin. V. Gimenez, 217 SCRA 386, January 21, 1993). We note, too, that this petition was filed not by the solicitor general of the public prosecutors but by the private complainant. Thus, the petition is also weakened by petitioner's locus standi.

SO ORDERED.

Very truly yours,

(Sgd.) JULIETA CARREON

Clerk of Court

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