Back

Potenciano Montalbo Vs. F. Santamaria 054 Phil 955

POTENCIANO MONTALBO, petitioner, vs. F. SANTAMARIA, Judge of First Instance of Manila, respondent.

G.R. No. 34136 | 1930-10-02

D E C I S I O N


VILLAMOR, J.:

This is an original petition for mandamus against the judge of the Court of First Instance of Manila taking cognizance of criminal case No. 40477, People of the Philippine Islands vs. Potenciano Montalbo, requiring him to decide whether or not the proof of guilt is evident or the presumption of guilt is strong, with a view to determining whether or not the offense with which the defendant is charged is bailable.
On August 16, 1930, an assistant prosecuting attorney for the City of Manila filed the following information with the court below:
"The undersigned hereby charges Potenciano Montalbo with the crime...