Back

PEOPLE vs. Orais, et al

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VIVENCIO ORAIS and DAMIAN JIMENEZ, defendants. FORTUNATO N. SUAREZ, complainant-appellant.

G.R. No. 45431 | 1938-06-30

D E C I S I O N


VILLA-REAL, J:

This case is now before us on appeal by the complainant, Fortunato N. Suarez, from the order issued by the Court of First Instance of Tayabas, on motion of the prosecuting attorney, dismissing the complaint filed by the aforementioned complainant and offended party against Vivencio Orais and Damian Jimenez for arbitrary detention.

In support of his appeal, appellant raises the following questions of law: First, whether the dismissal is erroneous and constitutes a glaring abuse of discretion; and, second, whether the offended party may appeal from the order of dismissal.

As the determination of the first...