GR L 6760; (March, 1911) (Digest)
G.R. No. L-6760, March 29, 1911
NICOLAS NUÑEZ Y ENRILE, petitioner, vs. THE HON. CHAS. A. LOW, respondent.
FACTS
Nicolas Nuñez, a member of the Zamboanga bar, was appointed by Judge Herbert D. Gale as a special prosecuting attorney to represent the government in a criminal case for illegal detention against Captain Edward Dworak. This appointment was made after Judge Gale disqualified the provincial attorney and assistant provincial attorney from handling the prosecution. Subsequently, Judge Gale was replaced by Judge Chas. A. Low. Upon motion, Judge Low set aside the disqualification order and reinstated the original provincial attorneys, ordering them to proceed with the case. Nuñez then filed a petition for certiorari with a preliminary injunction in the Supreme Court, seeking to restrain Judge Low from proceeding with the criminal case and to review the records.
ISSUE
Whether the Supreme Court should issue a preliminary injunction to restrain Judge Low from proceeding with the criminal case against Dworak, based on the alleged lack of jurisdiction or abuse of discretion in setting aside the appointment of a special prosecuting attorney.
RULING
No. The Supreme Court denied the application for a preliminary injunction. The Court held that the Court of First Instance of the Moro Province possesses the same authority as courts in other provinces to appoint a temporary prosecuting officer when the regular provincial attorney is disqualified, citing relevant laws ( Act No. 83 as amended, and Act No. 787 ). The Court found that Judge Low had jurisdiction to issue the order setting aside the previous appointment, as it was within his authority as the presiding judge of the same court. The allegations in the petition did not demonstrate an abuse of discretion sufficient to warrant the extraordinary remedy of certiorari or a preliminary injunction. The Court also noted that the petitioner’s right to the principal remedy was practically decided in this ruling, and if an amended petition was not filed within sixty days, the case would be dismissed.
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