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PEOPLE Vs. Leonardo L. Serrano, Et Al.

PEOPLE OF THE PHILIPPINES, petitioner, vs. HONORABLE LEONARDO L. SERRANO, Municipal Judge of Prosperidad, Agusan del Sur, and FEDERICO P. LEGASPE, respondents. The Solicitor General for petitioner. Generoso S. Sansaet for private respondent.

G.R. No. L-44712 | 1991-10-28

D E C I S I O N


DAVIDE, JR., J.:

This is a petition for certiorari and prohibition under Rule 65 of the Rules of Court, with prayer for a writ of preliminary injunction, to set aside the 24 September 1976 Order of respondent Judge issued in Criminal Case No. 1127 of the Municipal Court of Prosperidad, Agusan del Sur, denying the prosecution's motion to disqualify him from trying said case and to abate all further proceedings therein.

The petition is signed by then Provincial Fiscal Antonio Embang Apale of Agusan del Sur and Attorney's Vicente Galicia and Dollfuss Go, private prosecutors in Criminal Case No. 1127.

The factual and...