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de Peralta vs. Campos, Jr., et al.

JOSE DE PERALTA, petitioner, vs. HONORABLE JOSE C. CAMPOS, JR., Presiding Judge of the Court of First Instance of Rizal and PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. L-37983 | 1974-11-27

D E C I S I O N

AQUINO, J:

The legal question raised in this special civil action for certiorari is whether the Court of First Instance of Rizal, Quezon City Branch IV, erred and acted in excess of jurisdiction or gravely abused its discretion in ordering Jose de Peralta "to remove and dismantle and transfer" his house within thirty days after the judgment, acquitting him of the crime of illegal construction, has become final (People vs. De Peralta, Criminal Case No. Q-3296).

In a decision dated September 20, 1973 respondent Judge Jose C. Campos, Jr. reversed the judgment of the City Court of Quezon City and absolved Jose de Peralta...