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People vs. Galano, et al

PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. RICARDO D. GALANO, Presiding Judge, Court of First Instance of Manila, Branch XIII, and GREGORIO SANTOS, respondents.

G.R. No. L-42925 | 1977-01-31

D E C I S I O N

TEEHANKEE, J:

The Court sets aside the respondent judge's orders dismissing the information for estafa against respondent accused, since the offense charged clearly has not prescribed. The complaint filed with the Batangas court which expressly alleged commission of the offense within the municipality and which pended for twelve years (the accused having jumped bail and evaded rearrest for nine years) and which was eventually dismissed by said court for lack of territorial jurisdiction as a result of the proof adduced before it properly interrupted and tolled the prescription period. Respondent judge failed, in ruling...