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Borromeo, Rey vs. Court of Appeals, et al.

REY BORROMEO, petitioner, vs. COURT OF APPEALS, ASSOCIATE JUSTICES ANTONIO G. LUCERO, AMEURFINA MELENCIO-HERRERA, JOSE G. BAUTISTA, and CITY COURT OF CEBU CITY, Branch I, JUDGE JOAQUIN T. MAAMBONG, and THE PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. L-39253 | 1984-08-24

D E C I S I O N


DE LA FUENTE, J.:

Petitioner Rey Borromeo, a patrolman of the Cebu City Police Department, was accused of grave threats. Before the trial, the Assistant City Fiscal filed a motion to dismiss on the ground that the complainant, Francisco Castillo, had manifested his lack of interest to prosecute the case; but said motion was denied by the City Court. 1

The case of the prosecution against the petitioner may be summarized as follows: At about 8:30 o'clock in the evening of March 4, 1968, while the complainant and his cousin, Renato Castro, were conversing at Fuente Osmeña, Cebu City, they saw the petitioner...