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Juan Dungog vs. Court of Appeals

JUAN LOPEZ DUNGOG, petitioner, vs. THE HONORABLE COURT OF APPEALS, PROVINCIAL FISCAL ENRIQUE B. INTING OF BOHOL , and PANTALEON U. DEL ROSARIO, respondents.

G.R. Nos. L-77850-51 | 1988-03-25

D E C I S I O N


SARMIENTO, J.:

Again, the question as to whether or not a trial court may deny a motion submitted by the Provincial Fiscal to dismiss an information previously filed by him and insist on trial on the merits of the case, comes to us with this Petition For Review of the decision * of the respondent Court of Appeals. The assailed decision sets aside the Orders of the trial court and enjoins the Judge ** from proceeding with the trial of the criminal aspect of Criminal Case No. 4319. Although this case is docketed under two G.R. Nos., there being two petitions filed in the Court of Appeals, viz: CA-G.R. SP No. 08533,...