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Rodrigo S. De Guzman, et al. vs. Marcelino M. Escalona, et al.

LT. COL. RODRIGO S. DE GUZMAN and PEOPLE OF THE PHILIPPINES, petitioners, vs. MUNICIPAL CIRCUIT JUDGE MARCELINO M. ESCALONA, FLORENTINO RODRIGO, and MARIANO DAYDAY, respondents.

G.R. No. L-51773 | 1980-05-16

D E C I S I O N


MELENCIO-HERRERA, J.:

In this original Petition for Certiorari, which was given due course in our Resolution of February 6, 1980, the sole question to be resolved is whether or not respondent Municipal Circuit Court Judge, in Criminal Case No. 2450-D, had jurisdiction to try the offense charged and render judgment although the criminal Complaint which was filed before him was only for preliminary investigation.

The Complaint charged the accused Florentino Rodrigo and Mariano Dayday with "Illegal Possession of Explosive locally known as 'dinamita' (P.D. No. 1058)" before the Third Municipal Circuit Court at Daanbantayan,...