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Fajardo vs. Garcia

OSCAR FAJARDO, CESAR FAJARDO and RODRIGO DOLIENTE, petitioners, vs. HON. HIMERIO B. GARCIA, as Presiding Judge of the Circuit Court of Olongapo City, respondent.

G.R. No. L-38675 | 1980-07-02

D E C I S I O N

FERNANDO, J.:

The basic assumption of petitioners in this certiorari proceeding is the expanded concept in the present Constitution, which, in addition to granting an accused, as provided for in the 1935 Charter, the right to have compulsory process to secure the "attendance" of witnesses of his choice,1 includes his right to compulsory process to secure "the production of evidence in his behalf." 2 It is their contention that medical testimony from a doctor who could testify on the wounds inflicted on them during the incident in question would be crucial to their defense. Unfortunately for them, however,...