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Josefino C. Draculan vs. Procoro Donato

JOSEFINO C. DRACULAN, Provincial Fiscal of Isabela and PATRICIO T. DURIAN, Fourth Assistant Provincial Fiscal of Isabela, petitioners, vs. HON. PROCORO DONATO, Judge, Court of First Instance of Isabela, Branch V, respondent.

G.R. No. L-44079 | 1985-12-19

D E C I S I O N


CUEVAS, J.:

Assailed and challenged in this petition for CERTIORARI and MANDAMUS, for allegedly having been issued without jurisdiction and/or with grave abuse of discretion amounting to lack of jurisdiction, are two orders issued by the Honorable respondent Judge in Criminal Case No. V-351 of the defunct Court of First Instance of Isabela-Echague, Branch V. One dated April 13, 1976 1 denying petitioners' motion to dismiss; and another one, issued on May 28, 1976 2 denying petitioners' motion for reconsideration of the aforesaid order of dismissal.

The pertinent background facts are as follows:

On June 25, 1973, the...