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Nida Alejo, et al. Vs. The Hon. Judge Erlinda Pestano-Buted, et al

NIDA ALEJO, FRANCISCA ALEJO and THE PEOPLE OF THE PHILIPPINES, Petitioners, versus THE HONORABLE JUDGE ERLINDA PESTA?O-BUTED, Presiding Judge of the Regional Trial Court, Branch 40, Palayan City, Nueva Ecija, ARTHUR SERNA and JONG LINSANGAN, Respondents.

G.R. No. 154150-51 | 2007-12-10

DECISION


SANDOVAL-GUTIERREZ, J.:

For our resolution is a petition for certiorari, prohibition, and mandamus seeking to nullify and set aside the Order[1] of the Regional Trial Court (RTC), Branch 40, Palayan City, Nueva Ecija dated June 26, 2002 in Criminal Cases Nos. 1316-P and 1317-P for having been issued with grave abuse of discretion tantamount to lack or excess of jurisdiction.

The facts, as culled from the record, are as follows:

In an Information dated March 6, 2002, docketed as Criminal Case No. 1316-P, State Prosecutor Phillip I. Kimpo of the Department of Justice charged Arthur Serna, Jong Linsangan, Ricardo Peralta...