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Balasbas vs. Vamenta, Jr.

WALTER BALASABAS, petitioner, vs. HON. CIPRIANO VAMENTA, JR., as Presiding Judge, Branch III, CFI of Negros Oriental; GENOVEVA GONZALES, ALICIA GONZALES, IGNACIO GONZALES, ELVIRA GONZALES, and ADELAIDA GONZALES, married to Arnulfo Umbac, respondents.

G.R. No. L-46459 | 1979-01-31

D E C I S I O N

FERNANDO, J:

There is no novelty to the question raised in this certiorari and prohibition proceeding as to whether or not upon a criminal case being provisionally dismissed at the instance of the provincial fiscal with the conformity of the accused, now petitioner Reynaldo Lauchengco, after he bad been arraigned, pleaded not guilty, and after the initial presentation of the evidence for the prosecution, 1 it could thereafter be, as in the order now assailed, 2 revived and reinstated without the filing of a new information.

When asked to comment, the respondent City Fiscal Jose B. Flaminiano of Manila relied on People v....