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PEOPLE Vs. Jose C. De Guzman, Et Al

THE PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. JOSE C. DE GUZMAN, PRESIDING JUDGE OF REGIONAL TRIAL COURT OF REGIONAL TRIAL COURT OF QUEZON CITY, BRANCH 93, AND SPOUSES DANILO A. ALCANTARA AND ISABELITA ESGUERRA-ALCANTARA, respondents.

G.R. No. 77368 | 1993-10-05

D E C I S I O N


VITUG, J.:

Is the crime of "fencing" a continuing offense that could allow the filing of an information therefor in the place where the robbery or theft is committed and not necessarily where the property unlawfully taken is found to have later been acquired?

The above query is the sole issue in this petition for certiorari and mandamus filed by the People of the Philippines, praying for the reversal, annulment and setting aside of the Order of 28 February 1986 1 of the respondent Judge, who has ruled in the negative, as well as his Order, dated 21 March 1986, 2 denying the motion for reconsideration. The petitioner...