Back

Roberto V. Justiniani, etal. Vs. B.Jose Castillo

ROBERTO V. JUSTINIANI, and VICENTE ALACAPA, petitioners, vs. B. JOSE CASTILLO, in his capacity as Provincial Fiscal of the Province of Rizal, respondent.

G.R. No. L-41114 | 1988-06-21

D E C I S I O N


FERNAN, J.:

This is a petition for Prohibition with Preliminary Injunction seeking to permanently enjoin respondent Jose Castillo, Provincial Fiscal of Pasig, Rizal from conducting a preliminary investigation of the criminal complaint for libel filed on July 15, 1975 by Brig. Gen. Montoya against the petitioners, Roberto Justiniani and Vicente Alacapa.

A complaint for damages for physical injuries was filed by the petitioners against Brig Gen. Montoya before the then CFI of Negros Occidental, docketed as Civil Case No. 11926. Brig. Gen. Montoya in a criminal complaint for Libel filed before the Office of the Provincial...