Back

PEOPLE. Vs. Francisco Men Abad

PEOPLE OF THE PHILIPPINES, represented by the Office of the Provincial Fiscal Lagawe, Ifugao, petitioner, vs. HON. FRANCISCO MEN ABAD, Judge of the Court of First Instance of Ifugao, Lagawe, Ifugao, JULIUS ROBLES, EDUARDO BANDAO, MARCOS OYAGON, DAGYO UYANG, UDULON LATTOD, BUCCAHAN MUNDIGUING, JUNIOR MUNDIGUING, PIWIT TUNDAGUI, GUINOMON CHONGA-AP, FERNANDO TID-ONG, JULIO BALLOGAN, FERNAN GAGGO, CARMEN GAGGO AND BALBINA POCYA, respondents.

G.R. No. L-55132 | 1988-08-30

D E C I S I O N


MELENCIO-HERRERA, J.:

We annul the Order of respondent Judge of the Court of First Instance of Ifugao, Lagawe, Ifugao, dismissing the Information for "Theft of Minerals" filed against private respondents Julius Robles and thirteen (13) others on the ground that the facts charged do not constitute an offense.

The antecedental facts may be briefly recited thus:

1. Prior to 27 March 1978, the Director of Mines issued a commercial lease permit to one Felix de Castro granting him the exclusive right to quarry, extract and carry away sand and gravel from the Sumigar Quarry located at Banaue, Ifugao.

2. On complaint by...