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Bernabe vs. Geraldez

BRAULIO BERNABE, petitioner, vs. HONORABLE AMBROSIO M. GERALDEZ, Presiding Judge, Court of First Instance of Bulacan (Sta. Maria), Branch V, E. GERMAN CRUZ, JR., Deputy Sheriff of Bulacan, and JOSE LEGASPI, respondents.

G.R. No. L-39721 | 1975-07-15

D E C I S I O N

FERNANDO, J:

The procedural point raised in this certiorari proceeding by petitioner Braulio Bernabe is flimsy and insubstantial - and at that, such a characterization may suffer from being excessively mild. He did interpose the objection that after appealing from an adverse judgment in a forcible entry case, there was no trial de novo conducted by respondent Judge, 1 its affirmance being based on a review of the records of the case, both testimonial and documentary. Petitioner's counsel ought to have been aware that precisely what was done was in accordance with the present law on the subject, 2 which explicitly states:...