Case Digest (G.R. No. L-30485)
Facts:
- On October 9, 1968, Benjamin H. Aquino, Provincial Fiscal of Rizal, filed an information in the Court of First Instance at Pasig, Rizal, under Criminal Case No. 18425 against Rodolfo Cenidoza, Jose R. Baricua, Cesario B. Ong, Lucio Adriano, Jr., and Adriano Castillo.
- The case involved allegations of estafa through the falsification of official and/or public documents, linked to a land expansion following a resurvey and subdivision in Muntinlupa, Rizal.
- The plans and technical descriptions were approved by officials of the Land Registration Commission.
- The case was assigned to Judge Pedro Revilla.
- On October 27, 1968, Lucio Adriano, Jr. filed a petition for mandamus to compel Fiscal Aquino to include former Commissioner Antonio Noblejas as a defendant.
- This petition was assigned to Judge Herminio C. Mariano, who granted it on March 28, 1969, based on a prima facie case.
- Aquino subsequently filed a petition for review by certiorari, arguing against the inclusion of Noblejas.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that Lucio Adriano, Jr. could not compel Fiscal Aquino to include Noblejas as a defendant through a petition for mandamus.
- The Court determined that the remedy of mandamus was not a...(Unlock)
Ratio:
- The Supreme Court stated that mandamus is an extraordinary remedy, only applicable when no other adequate remedy exists.
- The Court noted that Adriano, Jr. had not first requested Fiscal Aquino to include Noblejas; had he done so and received a denial, he could have appealed to the Secretary of Justice.
- Filing a simple motion in the criminal case would have bee...continue reading
Case Digest (G.R. No. L-30485)
Facts:
On October 9, 1968, Benjamin H. Aquino, the Provincial Fiscal of Rizal, filed an information in the Court of First Instance at Pasig, Rizal, under Criminal Case No. 18425, titled "The People of the Philippines vs. Rodolfo Cenidoza, Jose R. Baricua, Cesario B. Ong, Lucio Adriano, Jr., and Adriano Castillo." This case stemmed from allegations of estafa through the falsification of official and/or public documents, which arose due to a significant expansion of land following a resurvey and subdivision of a registered parcel in Muntinlupa, Rizal. The corresponding plans and technical descriptions were approved by officials of the Land Registration Commission. The case was assigned to Judge Pedro Revilla.
On October 27, 1968, Lucio Adriano, Jr., one of the defendants, filed a petition for mandamus in the same court, seeking an order to compel Fiscal Aquino to include additional defendants in the information, particularly former Commissioner Antonio Noblejas of the Land Registration Commission. This petition was assigned to Branch X, presided over by Judge Herminio C. Mariano. On March 28, 1969, Judge Mariano granted the petition, ordering Fiscal Aquino to include Noblejas and others in the information based on a prima facie case established in Aquin...