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Helena Almazar vs. Pedro D. Cenzon etal.

HELENA ALMAZAR, petitioner, vs. HON. PEDRO D. CENZON, Presiding Judge, Branch XL, Court of First Instance of Manila; THE HONORABLE CITY FISCAL OF MANILA, and WALTER PHILIPPS, respondents.

G.R. No. L-46188 | 1988-05-28

D E C I S I O N


CORTES, J.:

The issue raised in this case is whether the respondent trial judge gravely abused his discretion in dismissing Criminal Case No. 22915 (People of the Philippines v. Walter Philipps) on a motion to dismiss filed by the fiscal upon instructions of the Secretary of Justice to whom the case was elevated for review.

Private respondent Walter Philipps and petitioner Helena Almazar were former husband and wife. They married in 1968 but obtained a divorce in Nevada, U.S.A. in 1974.

On September 5, 1975, after the parties had parted ways, the City Fiscal of Manila upon complaint of Almazar filed an Information...