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PEOPLE vs. de Moll

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. LEONOR DE MOLL, defendant. FRANCISCO ANCHUELO complainant-appellant.

G.R. No. 46252 | 1939-09-30

D E C I S I O N


DIAZ, J:

There are two questions to be decided in this case, by virtue of the appeal taken by the person claiming to be the offended party, Francisco Anchuelo, to wit: (1) whether or not the order of the Court of First Instance of Camarines Sur, dated March 28, 1938, dismissing said case while it was pending therein, at the instance of the provincial fiscal who filed a motion to that effect on account of insufficiency of evidence and for the reason that the proper action is a civil and not a criminal action, is in accordance with law, and (2) whether or not said offended party could appeal from said order.

The appellant...