Back

Bello, et al. vs. Court of Appeals

JUAN BELLO, FILOMENA C. BELLO, petitioners, vs. HON. COURT OF APPEALS, * HON. FRANCISCO LLAMAS, as Judge of Pasay City Court, and REPUBLIC OF THE PHILIPPINES, respondents.

G.R. No. L-38161 | 1974-03-29

D E C I S I O N

TEEHANKEE, J:

The Court holds that the court of first instance of Pasay City in an appeal erroneously taken to it from the city court's judgment convicting petitioners-accused of the charge of estafa within the concurrent original jurisdiction of said courts should grant petitioners-accused's timely petition for certifying their appeal to the Court of Appeals as the proper court rather than peremptorily grant the prosecution's motion for dismissal of the appeal and order the remand of the case to the city court for execution of judgment. The appellate court's decision denying the relief sought by petitioners...