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PEOPLE vs. Gibson A. Araula, et al.

THE PEOPLE OF THE PHILIPPINES, petitioner, vs. HONORABLE GIBSON A. ARAULA, Presiding Judge of Branch II, Court of First Instance of Southern Leyte at San Juan, and LIM LON SING, respondents.

G.R. No. L-56492 | 1982-01-30

D E C I S I O N


MELENCIO-HERRERA, J.:

The issue to be resolved in this Certiorari and Mandamus petition with a prayer for Preliminary Injunction or a temporary Restraining Order, filed by the People of the Philippines, is whether or not respondent Judge Gibson A. Araula committed grave abuse of discretion amounting to excess of jurisdiction in ordering the provisional dismissal of the criminal case against herein private respondent Lim Lon Sing and, upon denial of the Motion for Reconsideration of said Order of dismissal, in considering said provisional dismissal as equivalent to acquittal.

On August 27, 1980, an Information for...