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Fernandez vs. Lantin

LAUREANO FERNANDEZ, petitioner, vs. THE HONORABLE JUDGE JAIME M. LANTIN and THE CITY FISCAL OF QUEZON CITY, respondents.

G.R. No. L-44759 | 1976-12-17

D E C I S I O N

ANTONIO, J:

Petitioner, who is charged with Libel in Criminal Case No. Q4141, entitled "People of the Philippines vs. Atty. Laureano B. Fernandez", questions in this petition for certiorari the validity of the Order of respondent Judge denying his "motion to Quash." At issue is whether the criminal action for defamation subject to the case consists in the imputation of a crime which cannot be prosecuted de oficio. The following are the relevant facts:

On August 12, 1974, an Information for Libel in Criminal Case No. Q-4141 was filed against petitioner Laureano Fernandez by Assistant City Fiscal Rogelio U. Concepcion. The...