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Espiritu, et al. vs. Solidum, et al.

TRIFON G. ESPIRITU, MELBA LACOSTA-ESPIRITU and GREGORIA GRANADOS-ESPIRITU, petitioners, vs. HON. ARSENIO SOLIDUM, Judge of the Court of First Instance of Manila, and the SOLICITOR GENERAL, in representation of the REPUBLIC OF THE PHILIPPINES, respondents.

G.R. No. L-27672 | 1973-07-25

D E C I S I O N

TEEHANKEE, J:

The Court in dismissing this special civil action for certiorari seeking to set aside respondent court's order denying petitioners' motion to dismiss the State's complaint for forfeiture of unlawfully acquired wealth since the grounds of dismissal raise questions of fact which require the presentation of evidence and are not indubitable, reaffirms the well settled rule that certiorari does not lie where respondent court has acted in accordance with law and within his competence and discretion and therefore without abuse, much less grave abuse, of discretion.

Respondent court in denying petitioners' motion...