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Flordelis vs. Himalaloan, et al

GOTARDO FLORDELIS, petitioner, vs. HONORABLE EDGAR R. HIMALALOAN, as Acting City Judge, City Court of Tagbilaran, Branch II; THE PEOPLE OF THE PHILIPPINES; and SULPICIO TINAMPAY, respondents.

G.R. No. L-48088 | 1978-07-31

D E C I S I O N

BARREDO, J:

Petition for certiorari and prohibition assailing the order of respondent judge denying petitioner's motion to quash a criminal information for perjury against him based on the grounds that (a) the facts charged therein do not constitute an offense and (b) the said information contains averments which constitute a defense.

The information in question, which was filed with the City Court of Tagbilaran City, presided over by respondent judge, on January 13, 1978 reads as follows:

"The undersigned, 3rd Assistant City Fiscal, City of Tagbilaran, Philippines, hereby accuses Gotardo Flordelis of the crime of...