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Lerum vs. Cruz 87 Phil 652

EULOGIO R. LERUM and G. VIOLA FERNANDO, petitioners-appellants; THE PEOPLE OF THE PHILIPPINES, necessary party, vs. ROMAN A. CRUZ, ELENA MU?OZ and NELLO Y. ROA, respondents-appellees.

G.R. No. L-2783 | 1950-11-29

D E C I S I O N

BAUTISTA ANGELO, J.:

This is an appeal from an order of the Court of First Instance of Rizal (Quezon City) dismissing the petition for declaratory relief filed by Attorneys Eulogio R. Lerum and G. Viola Fernando as private prosecutors in behalf of the People of the Philippines for the purpose of testing the sufficiency and probative value of the testimony of former Judge Roman A. Cruz to prove a decree of divorce issued by him while a Judge of First Instance of Manila sometime in 1944.

It appears that a case for bigamy was filed against Nello Y. Roa in the Court of First Instance of Rizal (Case No. 962). In the course of the...