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People. Vs. R. Zurbano

PEOPLE OF THE PHILIPPINES, petitioner, vs. HONORABLE ROBERTO ZURBANO, Presiding Judge of Branch III, Court of First Instance of Albay, respondent.

G.R. No. L-32673 | 1971-02-22

D E C I S I O N


VILLAMOR, J:

Where a written complaint for rape, subscribed under oath by the offended party before the Fiscal, is filed with the court of competent jurisdiction after the Fiscal had conducted the required preliminary investigation, and a certification to that effect appears below the complaint, is it still necessary for the Fiscal, after finding a prima facie case against the respondents, to file with the court of first instance an information in addition to the offended party's sworn complaint? This is the question We are called upon to resolve in this original action of certiorari filed by Assistant Provincial Fiscal...