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higher court (CA) would be rendered moot and moribund as a result of the continuation of the
proceedings in the lower court [or court of origin] (RTC)."
observe judicial courtesy by suspending proceedings in Criminal Case No. 6014-98-C so as not to
preempt the decision of the appellate court in CA-G.R. SP No. 54343
his is taking into account the unquestionable primacy of the Hon. Court
of Appeals over this court by virtue of which any action or resolution by
this court on the issue can be negated or voided by the former. By
reason of such primacy, this court ought to defer to the Hon. Court of
Appeals and observe judicial courtesy to a superior court.
the proceedings of the case in this court while the petition is pending, or
if he wants the proceedings herein to continue, then he should have
initiated the withdrawal or termination of the case he filed in the Hon.
Court of Appeals
She said that should the SC find that the Ombudsman violated her constitutional rights and annul the
latters decision to file a plunder case against her, then the instant charges against her before this
Honorable Court will be dismissed, thus saving this Honorable Court and the parties concerned
considerable time, effort, and resources.
He also want the court to conduct a judicial determination of probable cause whether warrants of
arrest may be issued, find the absence of probable cause and dismiss the charges. He said pending
such judicial determination, the issuance of warrant of arrest should be held in abeyance.
judicial courtesy dictates for it to give way for the SC to rule on the matter first, even if there is no writ of preliminary
injunction or TRO issued by the higher court for practical and ethical considerations.