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Jalandoni vs. Endaya

JANUARIO JALANDONI, petitioner, vs. HON. VICTORIANO H. ENDAYA, in his capacity as Municipal Judge of the Municipal Court of Batangas, Province of Batangas, and SERAFIN D. CRUZ, respondents.

G.R. No. L-23894 | 1974-01-24

D E C I S I O N

FERNANDO, J:

This prohibition arose from the insistence of respondent Judge 1 of the Municipal Court of Batangas to try on the merits a prosecution for libel, instead of having it elevated to the proper court of first instance as sought by petitioner. Respondent Judge did act under the belief tenaciously held that he had such competence. As will be shown, the law speaks differently, the Revised Penal Code specifically conferring such power on "the court of first instance of the province or city where the libelous article is printed and first published or where any of the offended parties actually resides at the time of...