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Ladislao Palma Vs. Honorato Graciano, Et Al. 099 Phil 72

LADISLAO PALMA, plaintiff-appellant, vs. HONORATO GRACIANO, THE CITY OF CEBU, HON. MIGUEL CUENCO AND THE PROVINCE OF CEBU, defendants-appellees.

G.R. No. L-7240 | 1956-05-16

D E C I S I O N


CONCEPCION, J.:

This is an action to recover damages for the institution, against plaintiff-appellant, Ladislao Palma, of Criminal case No. V-2135 of the Court of First Instance of Cebu, for "frauds against the public treasury," which was dismissed, and of criminal case No. V-2763, of the same court, for malversation of public funds, in which he was acquitted. It is alleged in the complaint that the information in said criminal cases were, on or about August 31 and September 26, 1950, respectively, caused to be filed - through "malicious machination" and in "bad faith", as well as "without any probable cause" and "with...