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5 Gallo V Cordero
5 Gallo V Cordero
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A.M. No. MTJ-95-1035. June 21, 1995.
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* SECOND DIVISION.
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MENDOZA, J.:
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1 Comment, Annex 6.
2 Complaint, Annex C.
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asked what I really wanted. When I said I want them ejected from
our land the Judge said: “No, you cannot eject tenants now under
the law.” I countered that the four accused are not tenants, but
the Judge said, “Even then, nobody can eject them.”
That disappointed at his answers which clearly were biased for
the accused, I asked permission to leave, which was granted. But
he added that I should see him again on Sept. 14, the day before
trial which he set for Sept. 15; . . .
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held that under P.D. No. 772, “the question is not whether the land is
located in an urban or in a rural area but whether it is for residential,
commercial, or any other purpose.”
7 These provisions state:
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§ 11. Time of the commission of the offense.—It is not necessary to state in the
complaint or information the precise time at which the offense was committed
except when time is a material ingredient of the offense, but the act may be
alleged to have been committed at any time as near to the actual date at which the
offense was committed as the information or complaint will permit.
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9 Supra note 5.
10 Supra note 6.
11 Fernandez v. Presbitero, 79 SCRA 60, 64 (1977). In this case, in
which respondent judge conducted the preliminary examination in the
house of a relative of the political opponent of the accused’s father, this
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[T]he jurisdiction that was ours at the time of the filing of the
administrative complaint was not lost by the mere fact that the
respondent public official had ceased in office during the pendency
of his case. The Court retains its jurisdiction either to pronounce
the respondent official innocent of the charges or declare him
guilty thereof. A contrary rule would be fraught with injustices
and pregnant with dreadful and dangerous implications. . . . If
innocent, respondent official merits vindication of his name and
integrity as he leaves the government which he has served well
and faithfully; if guilty, he deserves to receive the corresponding
censure and a penalty proper and imposable under the situation.
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SO ORDERED.
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