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PEOPLE vs Hon Tirso Velasco, et al [ SEPARATE OPINION, PANGANIBAN, J. ]

PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. TIRSO D. C. VELASCO in his capacity as the Presiding Judge, RTC-Br. 88, Quezon City, and HONORATO GALVEZ, respondents.

G.R. No. 127444 | 2000-09-13

SEPARATE OPINION

PANGANIBAN, J.:

I concur with Justice Josue N. Bellosillo that the Petition at bar should be dismissed on two grounds: (1) the private respondent (defendant in the criminal case below) is already dead, so this Petition has become moot and academic;1 and, in any event, (2) the petitioner has failed to show that public respondent, in issuing the assailed Decision, had acted without jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction.

I write, however, to stress that a petition for certiorari under Rule 65 of the Rules of Court is a proper remedy to challenge an acquittal on the ground...