Академический Документы
Профессиональный Документы
Культура Документы
BENIGNO
S.
AQUINO
and
ANTONIO
DE
LAS
ALAS,
respondents.
1947 April 14
PART 1/3
Facts:
necessary to the decision of the case, justifying the aid and comfort
therefore not guilty of the crime of treason with which they stand
charged."
(No. 3527) and against Antonio de las Alas (No. 3531), and other
treason cases of the same nature actually pending before the Second
Issue:
entered his plea of not guilty and the case was heard on diverse days
Benigno S. Aquino (No. 3527), Antonio de las Alas (No. 3531), and of
in the months of June and July 346, before the Second Division of the
other criminal cases of the same -nature pending before the Second
After the prosecution had rested its case, counsel for the
accused moved to dismiss, upon the sole ground that the overt acts
charged in the information were not testified to by two witnesses as
required by the treason law, article 114 of-the Revised Penal Code.
Held:
This legal problem depends for its solution on the existence of
(a) an applicable provision of law, or (b) an applicable provision of a
cannot be disqualified under Rule 124 or 126 or under any other legal
government service."
The above provision is composed of two parts, one, general,
pointed out in support of the move to disqualify Judge Lopez, the next
accused.
determination
above-quoted provision.
this difficult task, and determine to our best the intention of the
is
demanded,
and
we
cannot
shirk
from
our
themselves never pretended that the case of Judge Lopez falls under
Court.
hypothetically
that,
his
several
opinions