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Taladua vs. Ochoterena

AGUSTIN TALADUA, petitioner, vs. CAPT. FELIX C. OCHOTORENA, Assistant Provincial Commander of Misamis Occidental and HON. ELIGIO DAJAO, Municipal Judge of the Municipality of Oroquieta, Province of Misamis Occidental, respondents.

G.R. No. L-25595 | 1974-02-15

D E C I S I O N

FERNANDO, J:

The basis for this certiorari proceeding is an alleged denial by respondent Judge Eligio Dajao 1 of petitioner's constitutional right not to be twice placed in jeopardy. 2 There was an accusation against him for illegal possession of untaxed blue seal cigarettes. After one postponement, the case was set anew for trial on that occasion, after a lapse of twenty-five minutes, without the prosecutor and his witnesses showing up in court, respondent Judge ordered a provisional dismissal. On that very same day, the same charge was again filed against petitioner. Then came his motion to quash, relying on the double...