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Marcela N. Gonzales Vs. Gumersindo Arcilla, Et Al.

MARCELA N. GONZALES, petitioner-appellee, vs. HON. GUMERSINDO ARCILLA, City Judge of Davao City (Branch III), ALFREDO M. CELI, First Assistant City Fiscal of Davao City, representing the People of the Philippines, and FILIPINAS ORDO?EZ, respondents-appellants. Jose M. Ilagan for petitioner-appellee. Caneta, Tolentino, Arcangel & Guyo for private respondent.

G.R. No. 27923 | 1991-11-18

D E C I S I O N


DAVIDE, JR., J.:

This is an appeal from the Decision dated 7 June 1967 of Branch III of the then Court of First Instance (now Regional Trial Court) of Davao in a petition for certiorari and prohibition (Special Civil Case No. 5270) which granted the petition and enjoined permanently both the City Judge and City Fiscal from taking further cognizance of a criminal case for slander (Criminal Case No. 2273-B) in the City Court of Davao City because said case was not brought at the instance and upon complaint of the offended party, respondent City Fiscal had no authority to file the information, and the City Judge had no...