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Castro vs. Bengzon, et al

RAFAELA G. CASTRO, assisted by her husband, Teodoro M. Castro, petitioner-appellant, vs. JOSE P. BENGZON, City Fiscal of Manila, AMBROSIO LORENZO, MANUEL DE LA FUENTE, Manila Chief of Police, and BIBIANO L. MEER, Collector of Internal Revenue, respondents-appellees.

G.R. No. L-1985 | 1949-09-20

D E C I S I O N

OZAETA, J p:

The question raised in this appeal is whether prohibition and mandamus lie against the city fiscal and the chief of police of Manila to prohibit them from investigating a criminal case filed by the latter with the former against a pharmacist for illegal possession of prohibited drugs and to compel them to refer the case to the Collector of Internal Revenue.

A petition to that effect was filed by Mrs. Rafaela G. Castro in the Court of First Instance of Manila, which, upon motion of the respondents, was dismissed by that court, upon the following facts:

On October 30, 1947, Capt. Ambrosio Lorenzo of the...