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Delfin Mercader vs. Francisco Valila, Et Al.

DELFIN MERCADER, petitioner, vs. HON. FRANCISCO VALILA OF THE JUSTICE OF THE PEACE COURT OF BOBON, SAMAR and AMANCIO BALITE, respondents.

G.R. No. L-16118 | 1961-02-16

D E C I S I O N 


BENGZON, J.: 

On April 20, 1959, Amancio Balite filed with the justice of the peace court at Bobon, Samar, a criminal complaint for libel against Delfin Mercader. After making the preliminary examination, the judge issued the corresponding warrant of arrest. The accused moved to dismiss for lack of jurisdiction and cause of action. Upon denial thereof, the accused filed in September 1959, this petition for certiorari, based mainly on the alleged want of jurisdiction of the aforesaid inferior court. 

In ordinary circumstances, the petition would have been dismissed, without prejudice to its presentation before...