Case Digest: Romer Sy Tan vs Sy Tiong Gue
Romer Sy Tan vs Sy Tiong Gue, et al. G.R. No. 174570 December 15, 2010 Facts: Petitioner (Romer Sy Tan) filed a criminal case against respondents (Tiong Gue, et al.). The Respondents moved for the withdrawal of the information which was subsequently granted by the RTC on the ground that the information for robbery did not contain the essential elements of robbery as decided upon by the Court of Appeals on an prior complaint. Hence the case was dismissed. Now the petitioner, seeking shelter from the Supreme Court contended that he filed information for qualified theft based on the same subject matter of the dismissed robbery and would like to use the item seized in the previously conducted search for the new information of qualified theft. Issue: Wheth...