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Villanueva JR V CA

- Petitioner Villanueva filed a complaint for illegal dismissal against IBC-13 and others. Documents submitted by IBC-13 during the appeal were found to be falsified, leading to criminal charges against respondent Villadores. - The fiscal's office later amended the informations to state the falsifications were "to the prejudice of Francisco N. Villanueva, Jr., and of public interest." Villadores challenged this. - The Court of Appeals dismissed the petition but stated Villanueva was not the offended party, which Villadores then used to challenge Villanueva's prosecutors. Villanueva argued this was obiter dictum. - The Court of Appeals then reversed the lower

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130 views

Villanueva JR V CA

- Petitioner Villanueva filed a complaint for illegal dismissal against IBC-13 and others. Documents submitted by IBC-13 during the appeal were found to be falsified, leading to criminal charges against respondent Villadores. - The fiscal's office later amended the informations to state the falsifications were "to the prejudice of Francisco N. Villanueva, Jr., and of public interest." Villadores challenged this. - The Court of Appeals dismissed the petition but stated Villanueva was not the offended party, which Villadores then used to challenge Villanueva's prosecutors. Villanueva argued this was obiter dictum. - The Court of Appeals then reversed the lower

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OBITER DICTUM

Villanueva, Jr. vs. Court of Appeals & Roque Villadores

Facts:
-Petitioner Villanueva filed a complaint for illegal dismissal against several parties
including IBC-13, which the labor arbiter ruled in favor of Villanueva. IBC-13
appealed to the NLRC, filing a surety bond supposedly issued by BF General
Insurance Company and a confirmation letter from its President.
-Both documents were found to be falsified, so that criminal informations for
falsification of public documents against a number of accused including respondent
Villadores were filed.
-After Villadores was arraigned, the fiscal’s office submitted a Motion to Admit
Amended Informations with the following amendment: "to the prejudice of Francisco
N. Villanueva, Jr., and of public interest and in violation of public faith and
destruction of truth as therein proclaimed.” (granted). Villadores filed a Motion for
Reconsideration (denied).
-Villadores then filed a petition for certiorari with the CA seeking to annul the Order
admitting the amended informations as well as the Order denying his motion for
reconsideration. Although the petition was dismissed, the CA pronounced that
Villanueva is not the offended party in the cases and that he could not have sustained
damages from the falsifications.
-Villadores then moved in the trial court to disqualify Rico & Associates as private
prosecutor of Villanueva on the basis of the CA’s pronouncement. Villanueva opposed
the motion on the ground that the pronouncement is mere obiter dictum. The trial
court denied the motion for disqualification. Villadores sought reconsideration
(denied).
-Villadores then filed petition for certiorari with the CA seeking annulment of the
Order denying his motion for disqualification and the Order denying reconsideration.
The CA reversed the Orders and directed that Villanueva’s name appearing as he
offended party in the criminal cases be stricken.
-Villanueva now comes to the Supreme Court on a petition for review on certiorari.

Issue:
w/n the pronouncement of the appellate court that petitioner Villanueva, Jr. is not an
offended party in the criminal cases is obiter dictum (opinion expressed by a court
upon some question of law which is not necessary to the decision of the case before it,
and as such is not binding as precedent).

Ratio:
-The pronouncement touched upon a matter clearly raised by Villadores in his petition
assailing the admission of the amended informations. Among the issues therein was
w/n Villanueva is the offended party.
-An adjudication on any point within the issues presented by the case cannot be
considered as obiter dictum; this rule applies to all pertinent questions (even only
incidentally involved) presented and decided in the regular course of considering the
case, and led to its conclusion (or any statement on a matter on which the decision is
based).

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