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Willelmo C. Fortun vs. Rufino O. Labang, et al.

WILLELMO C. FORTUN, petitioner, vs. RUFINO O. LABANG, in his capacity as City Fiscal of Pagadian City; Attorney MARTIN VERA CRUZ; and ATTORNEYS ANDRES BERSALES, PABLITO PIELAGO, GLICERIO CARPIO, SANTIAGO EISMA, and LEONARDO ZULUETA, as President, Vice-President, Secretary, Treasurer, and Director, respectively, of the Zamboanga del Sur and Pagadian City Chapter of the Integrated Bar of the Philippines, respondents.

G.R. No. L-38383 | 1981-05-27

D E C I S I O N


FERNANDO, J:

The decisive issue in this prohibition and certiorari proceeding, filed on March 20, 1974 by Judge Willelmo C. Fortun, then the incumbent District Judge of the Court of First Instance of Zamboanga del Sur and Pagadian City, Branch III, is the applicability of the basic principle that while this Tribunal in the exercise of its equitable powers will not restrain any action taken in the enforcement of a criminal statute, an exception is made, and prohibition lies, as set forth in the leading case of Dimayuga and Fajardo v. Fernandez, 1 "where it is necessary for the orderly administration of justice, or to...