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Oliveros vs. Villaluz [CONCURRING OPINION, BARREDO, J.]

JOSE R. OLIVEROS, petitioner, vs. THE HONORABLE JUDGE ONOFRE A. VILLALUZ and THE PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. L-34636 | 1974-05-30

CONCURRING OPINION

BARREDO, J.:

I concur.

I believe it is but fair and just that petitioner is exonerated of the charge of contempt levelled against him for having assumed, on January 1, 1972; or after his reelection in November, 1971 the office of Mayor of Antipolo, Rizal from which he was suspended by the trial court's order of September 26, 1971, it not being indubitable that he knowingly and maliciously violated said order of suspension.

The conviction for contempt rendered by respondent judge unto petitioner is unquestionably criminal in character and ought not to have been imposed without certainty as to its propriety and...