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Rojas vs. PEOPLE OF THE PHILIPPINES, et al.

EUFRACIO D. ROJAS, petitioner, vs. PEOPLE OF THE PHILIPPINES and HONORABLE FEDERICO ALIKPALA, in his capacity as Judge of the Court of First Instance of Manila, Branch XXII, respondents.

G.R. No. L-22237 | 1974-05-31

D E C I S I O N

FERNANDO, J:

In this certiorari and prohibition proceeding, petitioner would have this Court nullify two orders of respondent Judge, one for his arraignment and the other for his trial. He is the accused in a pending criminal case for violation of Article 319 of the Revised Penal Code, 1 for executing a new chattel mortgage on personal property in favor of another party without the consent of the previous mortgagee and duly noted in the record of the Register of Deeds. He would plead, however, before respondent Judge, and now with us, that no arraignment could be set, as thereafter the offended party filed a civil case...