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Eduardo Balagtas vs CA, Cebu Police, et al

EDUARDO BALAGTAS, petitioner, vs. COURT OF APPEALS, THE CEBU CITY POLICE STATION SUPERINTENDENT, THE SUB-STATION COMMANDER OF PARDO, POLICE SUBSTATION, CEBU CITY, SPO-3 FIDEL PAYLARAN, ET. AL., respondents.

G.R. No. 109073 | 1999-10-20

D E C I S I O N


PURISIMA, J.:

This is a Petition for Certiorari under Rule 65 of the Revised Rules of Court assailing the Decision of the Court of Appeals1 [Penned by Justice Minerva Gonzaga-Reyes and concurred by Justices Luis A. Javellana and Consuelo Ynares-Santiago, concurring.] in CA G.R. SP No. 28155, dated January 26, 1993, affirming the Decision of Branch 11, 7th Judicial Region, Regional Trial Court of Cebu, dismissing the petition in Special Proceeding Case No. 3328-CEB, entitled "In the Matter of the Petition for Habeas Corpus of Rutchel Apostol".

The pertinent facts are as follows:

On November 18, 1991, the officers of...