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PEOPLE vs. Gregorio D. Montejo, Et Al.

PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. GREGORIO D. MONTEJO, Judge of the Court of First Instance of Zamboanga City, and FELIX WEE SIT, respondents.

G.R. No. L-24154 | 1967-10-31

D E C I S I O N 


FERNANDO, J.: 

In this petition for certiorari and mandamuswith preliminary injunction, the novel question presented is whether respondent Judge, in denying a motion for the arrest of a material witness, in a criminal case, or in the alternative, to cite him for contempt, relying on Section 9 of Rule 23 of the Rules of Court to the effect that a witness is not bound to attend as such before any court, judge or other officer out of the province in which he resides unless the distance be less than 50 kilometers from his place of residence to the place of trial by the usual course, acted with grave abuse of...