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PEOPLE OF THE PHILIPPINES , et al. vs. Donesa, et al.

PEOPLE OF THE PHILIPPINES, ANTONIO TEJADA, and FELICITACION VDA. DE GRAMAJE, petitioners, vs. HON. ALFONSO P. DONESA, formerly District Judge, of the Court of First Instance of Abra, and presently District Judge, Branch IV Cavite at Tagaytay City, and LAP

G.R. No. L-24162 | 1973-01-31

D E C I S I O N

FERNANDO, J:

The specific legal question in this petition for certiorari is whether an order of then respondent Judge dismissing after the presentation of the evidence of the prosecution an information imputing to the private respondent Lapaz Tuanquin the crime of homicide and serious physical injuries through reckless imprudence, a dismissal law has the effect of an acquittal, may be nullified on the ground that it was issued after he was appointed and thereafter qualified as Judge of another district. It is contended that he lacked authority to do so. To avoid the operation of the well-settled principle that a dismissal...