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Andaya, et al vs. Prov. Fiscal of Surigao Del Noorte,et al

ISMAEL ANDAYA, MILA AQUIO and CHUA TO, petitioners, vs. PROVINCIAL FISCAL OF SURIGAO DEL NORTE and FIRST ASSISTANT PROVINCIAL FISCAL CARLO H. LOZADO, respondents.

G.R. No. L-29826 | 1976-09-30

D E C I S I O N

FERNANDO, J:

This prohibition proceeding was instituted by petitioners to restrain respondent fiscals 1 from conducting the preliminary investigation of a complaint accusing them of the crime of falsification of a public document. The contention is seriously pressed that there is a prejudicial question constituting a bar to such a proceeding, relying on a pending civil suit filed by them for breach of contract with damages against the complainant in the falsification charge, a certain Domingo R. Alvarez, the defendant in such civil action, who alleged that the document upon which the cause of action arose was a forgery. 2...