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LIGGAYU
October 8, 1955 | Labrador, J. | Complaint and Information; By whom prosecuted
FACTS:
1. Justice of the Peace Court of Caloocan, Rizal charged
Benjamin Liggayu with homicide through reckless
imprudence for having run over and caused the death of
one Teresita Young de Dyogi.
2. Leoncio Dyogi, husband of the deceased, and his 9
children filed another complaint charging not only
Liggayu but also Roy Franco.
3. After the car driven by Liggayu had run over Teresita
Young, Liggayu stopped the car and ordered his coaccused Franco to drive it forward, and Franco did so in
such a negligent manner that the other wheel of the car
hit Teresita Young and aggravated her injuries.
4. Justice of peace, after conducting a preliminary
investigation remanded the case to the CFI for further
proceedings. When the case reached the CFI, the fiscal
filed a motion to dismiss the case as against the accused
Roy Franco.
5. The Court granted the motion and dismissed the case
as against Roy Franco and the bond filed by him for his
provisional release was cancelled.
6. At the same time that a motion to dismiss was filed,
the fiscal filed an information accusing Liggayu alone.
7. The husband and the children of the deceased
appealed against the order of dismissal, alleging (a) that
they were not notified of the hearing conducted by
the provincial fiscal or the motion for dismissal and
that (b) the Court erred in not holding that a prima
facie case exists against Roy Franco, and (c) in
dismissing the case against Franco.
ISSUE/S: W/N petitioners right to due process was
Present Code
Prosecution shall be under
the direction and control of
the fiscal
Right to
recognized
Direction
appeal
not