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John A. Imutan vs. Court of Appeals, et al.

JOHN A. IMUTAN, petitioner, vs. THE HON. COURT OF APPEALS (SPECIAL DIVISION OF FIVE COMPOSED OF ACTING PRESIDING JUSTICE ANTONIO G. LUCERO and ASSOCIATE JUSTICES RAMON C. FERNANDEZ, GUILLERMO S. SANTOS, RAMON G. GAVIOLA, JR. and PACIFICO DE CASTRO), and THE PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. L-39310 | 1981-01-27

D E C I S I O N


CONCEPCION JR., J.:

Action for Certiorari to annul the resolution promulgated on September 2, 1974 by the respondent Court of Appeals, which denied petitioner's motion for reconsideration dated April 25, 1974 and his motion dated July 5, 1974 to consider the motion for reconsideration in the alternative as a motion for new trial based on the following -

"GROUNDS.

"FIRST GROUND: That the respondent Court of Appeals, thru its Special Division of Five composed of Acting Presiding Justice Lucero, Justices Fernandez, Santos, Gaviola and de Castro, acted with grave abuse of discretion or in excess of jurisdiction in...