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People vs. Judge Auxencio C. Dacuycuy, 173 scra 90

PEOPLE OF THE PHILIPPINES, represented by the Provincial Fiscal of Leyte, petitioner, vs. HON. JUDGE AUXENCIO C. DACUYCUY, CELESTINO S. MATONDO, SEGUNDINO A. CAVAL and CIRILO M. ZANORIA, respondents.

G.R. No. L-45127 | 1989-05-05

D E C I S I O N

REGALADO, J.:

Involved in this special civil action is the unique situation, to use an euphemistic phrase, of an alternative penal sanction of imprisonment imposed by law but without a specification as to the term or duration thereof.

As a consequence of such legislative faux pas or oversight, the petition at bar seeks to set aside the decision of the then Court of First Instance of Leyte, Branch IV, dated September 8, 1976, 1 penned by herein respondent judge and granting the petition for certiorari and prohibition with preliminary injunction filed by herein private respondents and docketed therein as Civil Case No. 5428,...