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Erana vs. Vera [DISSENTING, OZAETA, J.]

GERVASIO ERANA ET AL., petitioners, vs. JOSE O. VERA, Judge of First Instance of Manila, and MARIE JOSEPHINE PANZANI, respondents.

G.R. No. 48955 | 1943-07-27

OZAETA, J., dissenting:

I find no innovation in the new Rules of Court insofar as the issuance of preliminary attachment in a criminal case is concerned. Section 1 of Rule 107 is but a re-enactment of article 112 of the Spanish Code of Criminal Procedure, which had been carried over under General Orders No. 58. (Almeida vs. Abaroa, 218 U. S., 476, 40 Phil., 1056; Alba vs. Acuña, 53 Phil., 380; Orbeta vs. Sotto, 58 Phil., 505.) And section 6 of Rule 124 is but a restatement of a general principle of law theretofore recognized in our statutes and jurisprudence, as indicated in the majority opinion itself. So it is to me clear that the...