The Supreme Court (SC) has declared final its August 7, 2009 decision that dismissed the murder charges filed against Luisito Q. Gonzales, grandson of the late former President Elpidio Quirino and husband of singer Kuh Ledesma, for the 2007 death of Federico Delgado.

In a resolution issued by its first division, the SC said that all the issues raised in the motion for reconsideration filed by the heirs of Delgado had been passed upon by the court and no substantial arguments were raised to warrant the reversal of the ruling.

The August 7 decision written by Justice Antonio T. Carpio also cleared driver Antonio T. Buenaflor of the murder charges and less serious physical injuries filed against him and Gonzales by the Department of Justice (DoJ).

Gonzales is the step-brother of the deceased Delgado, while Buenaflor is a former driver of Citadel Corp., a firm owned by the Delgado family.

The SC decision dismissed the petition filed by the heirs of Delgado and Annalisa Pesico as it affirmed the 2008 CA decision. It said: “We reiterate that it is only the Solicitor General who may bring or defend actions on behalf of the State in all criminal proceedings before the appellate courts. Hence, the Solicitor General’s non-filing of a petition within the reglementary period before this Court rendered the assailed decision of the Court of Appeals final and executory with respect to the criminal aspect of the case. The Solicitor General cannot trifle with court proceedings by refusing to file a petition for review only to subsequently, after the lapse of the reglementary period and finality of the Amended Decision, file a comment.”

Justice Presbitero J. Velasco Jr. dissented. He pointed out that the 2008 amended decision should be set aside as it “was a blatant breach” of the SC’s previous rulings to the effect that “once a complaint or information is filed in court, any disposition of the case as its dismissal or the conviction or acquittal of the accused rests in the sound discretion of the court.”