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Bienvenido O. Marcos Vs. Fernando S. Ruiz, Et Al.

BIENVENIDO O. MARCOS, petitioner, vs. HON. FERNANDO S. RUIZ, RTC Judge, 7th Judicial Region, Tagbilaran City, and THE PEOPLE OF THE PHILIPPINES, respondents.

G.R. Nos. 70746-47 | 1992-09-01

D E C I S I O N


DAVIDE, JR., J.:

In this special civil action for certiorari under Rule 65 of the Rules of Court, petitioner seeks to set aside, for being null and void, the Orders of respondent Judge of 8 April 1985 which considered the failure of petitioner and his counsel to appear on that date as a waiver of the right to present evidence, and of 29 April 1985 denying petitioner's motion for the reconsideration of said order in Criminal Cases No. 3890 and No. 3892.

The facts are not complicated.

On 2 August 1984, after conducting the appropriate preliminary investigation, Acting 2nd Assistant City Fiscal Lorenzo A. Lopena of the...