[ G.R. No. L-538. February 25, 1948 ] 80 Phil. 280
SECOND DIVISION
[ G.R. No. L-538. February 25, 1948 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLANT, VS. MAURICIO OLAVIDES ET AL., DEFENDANTS AND APPELLEES. D E C I S I O N
PARAS, J.:
This is an appeal by the private prosecution from an order of the Court of First Instance of Camarines Sur dismissing, upon motion of the attorneys for the accused, an information for usurpation of real property, on the ground that the allegation in said information that the accused committed the act complained of under a pretension of ownership, constitutes a legal defense or justification. It appearing that the offended party has filed a civil action arising from the same act alleged In the information, he “has no right to intervene In the prosecution of this case, and consequently can not appeal from the order of the Court dismissing the information.” (People vs. Velez, G.R. No. L-1219, February 25, 1947.) The present appeal is, therefore, hereby dismissed, with costs against the offended party. So ordered. Hilado, Briones, and Tuason, JJ., concur.