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LEONOR
S. LITTON and ROGELIO M. PAZ,
G. R. No. L-35992
February 25, 1975
-versus-
HON. B.
JOSE CASTILLO, PROVINCIAL FISCAL OF
RIZAL,
ANTONIO, J.:
Considering
that Presidential Decree No. 77 issued
by the President of the Republic of the Philippines on December 6, 1972
pursuant to Proclamation No. 1081 dated September 21, 1972, and General
Order No. 1 dated September 22, 1972, amending Section 1 of Republic
Act
No. 5180 [Prescribing a Uniform System of Preliminary Investigation by
Provincial and City Fiscals and their Assistants and by State Attorneys
or their Assistants], the validity of which is being questioned in the
present petition for certiorari, prohibition and mandamus, now forms
part
of the law of the land (Article XVII, Section 3[2] of the new
Constitution),
the Court Resolved to deny the petition for lack of merit.
Makalintal, C.J.,
Barredo, Makasiar, Esguerra,
Fernandez, and Aquino, JJ., concur.
Castro, and Teehankee, JJ., concur in the result. Muñoz Palma, J., took no part. FERNANDO, J.,
Concurring:
I concur on the ground of presumptive validity. |
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