Orbe v. Miaral

CARPIO, J.:

The Case This petition for review on certiorari1 under Rule 45 of the Rules of Court seeks to annul the 24 September 2014 Decision2 and the 24 March 2015 Resolution3 of the Court of Appeals in CA-G.R. SP No. 134555, which annulled and set aside the 27 August 20134 and 7 January 20145 Orders of the Regional Trial Court (RTC) of Quezon City, Branch 104. The RTC Orders denied the Motion to Withdraw Information6 for Estafa filed by Quezon City Prosecutor Donald T. Lee in Criminal Case Q- 12-174206, entitled People of the Philippines v. Leonora O. Miaral, et al. The Facts On 6 March 1996, Leonora O. Miaral (respondent) agreed to engage in the garment exportation business with her sister, Priscilla Z. Orbe (petitioner). They executed a partnership agreement7 where they agreed to contribute Two Hundred Fifty Thousand Pesos (₱250,000.00) each to Toppy Co., Inc. and Miaral Enterprises, and to equally divide the profits they may earn.

The partnership agreement reads: Agreement Agreement is executed [on the] 6111 day of March 1996 by: Mrs. Nora 0. Miaral 11-0 Legaspi Towers, R[o]xas Blvd., Mla. as (Party [A]) and Mrs. Priscilla Orbe of No., Villa Verde Subd., Novaliches, Quezon City as (Party B).

Both parties agreed on the ff: Both parties A & B shall invest ₱250,000.00 each in cash & or goods into a buying & selling of stock lots of garments to be exported to the United States particularly in Los Angeles, California. Authorized purchaser may be Party A or B; That the exportation of garments shall be done by Toppy Co., Inc. using Toppy's available quota; That the importation of garments shall be done by Miaral Enterprises in U.S.A. That whatever income in sales both retail & wholesale shall be divided into equal share after deducting all expenses in export & import including taxes & sea/air freight expenses in connection with the buying and selling of stocks & garments. That this Contract is renewable yearly as both parties may wish.

Conforme: (Sgd.) Party A (Sgd.) Party B Signed in the presence of