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Arkonel vs. Court of First Instance of Basilan City

CASIMIRO V. ARKONCEL, petitioner, vs. COURT OF FIRST INSTANCE OF BASILAN CITY, presided by HON. REGINO HERMOSISIMA; CITY FISCAL ANDRION and GERARDO ESPERAT, respondents.

G.R. No. L-27204 | 1975-08-29

D E C I S I O N

AQUINO, J:

Casimiro V. Arkoncel, a lawyer serving as officer-in-charge of the Basilan Branch of the Board of Liquidators, was charged with qualified theft by the City Fiscal of Basilan City in the Court of First Instance of Basilan, together with his laborers named Rogelio Lachica, Moro Hasi, Anastacio Inid and Geronimo Inid (Criminal Case No. 1763).

It was alleged in the information that the accused stole 5,000 coconuts from the land of Gerardo Esperat. The Fiscal, after certifying that he had conducted the proper preliminary investigation, added "that the accused were duly subpoenaed but failed to appear".

According...