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Felipe Tayko Vs. Nicolas Capistrano

FELIPE TAYKO, EDUARDO BUENO, BAUTISTA TAYKO, BERNARDO SOLDE and VICENTE ELUM, petitioners, vs. NICOLAS CAPISTRANO, acting as Judge of First Instance of Oriental Negros, ALFREDO B. CACNIO, as Provincial Fiscal of Oriental Negros, and JUAN GADIANI, respondents.

G.R. No. 30188 | 1928-10-02

D E C I S I O N


OSTRAND, J.:

This is a petition for a writ of prohibition enjoining the respondent judge from taking cognizance of certain civil and criminal election cases in which the petitioners are parties.
The petitioners allege that the respondent judge, previous to this date, was appointed judge of the Court of First Instance of Oriental Negros, to hold office during good behavior and until he should reach the age of 65 years; that he now has reached that age and, therefore, under provisions of section 148 of the Administrative Code as amended, is disqualified from acting as a judge of the Court of First Instance. The petitioners...