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Kalaw vs. Apostol

GREGORIO K. KALAW, petitioner, vs. SEGUNDO APOSTOL, Provincial Fiscal of Samar, and CELEDONIO ALCAZAR, Justice of the Peace of Calbayog, Samar, respondents.

G.R. No. 45591 | 1937-10-15

D E C I S I O N


IMPERIAL, J:

The petitioner, invoking the doctrine laid down in the case of Conde vs. Rivera and Unson (45 Phil., 650), instituted this proceeding to compel the justice of the peace of Calbayog, Samar, to dismiss criminal case No. 10656, and the fiscal of said province and said justice of the peace to abstain permanently from proceeding with the case in question and, lastly, that the fiscal may refrain from further attempts to prosecute him for any crime as a result of the same facts. At the instance of the petitioner a writ of preliminary injunction was issued requiring the respondents, until further orders, to abstain...