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Templo, et al. vs. De la Cruz, et al.

HONORABLE PEDRO TEMPLO, Judge, City Court; ROBERTO M. RODRIGUEZ, JR., 1st Assistant City Fiscal, Naga City; and ELIAS PAMA, Chief of Police, Naga City, petitioners, vs. HONORABLE JUDGE RAFAEL DELA CRUZ, Court of First Instance of Camarines Sur and MANUEL

G.R. No. L-37393-94 | 1974-10-23

D E C I S I O N

FERNANDO, J:

The solidity of the stand of petitioners. 1 represented by Solicitor General Estelito P. Mendoza, 2 in assailing a decision 3 on jurisdictional grounds of respondent Judge Rafael dela Cruz of the Court of First Instance of Camarines Sur, the effect of which was to enjoin the prosecution of respondent Manuel Yee Concepcion for a violation of the National Internal Revenue Code for the illegal possession of "blue seal" cigarettes and untaxed foreign wines, is quite apparent. It is undoubted such offense is within the concurrent jurisdiction of petitioner City Judge and respondent Judge, yet that did not prevent...