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[G.R. No. 10747. August 17, 1915. ]

THE UNITED STATES, Plaintiff-Appellee, v. LUIS MACALINGAG (alias Bayao ni Price), Defendant-Appellant.

Perfecto J. Salas Rodriguez for Appellant.

Attorney-General Avanceña for Appellee.


1. JUSTICE OF THE PEACE; DISMISSAL OF COMPLAINT AFTER DIRECTING ITS AMENDMENT. — After a justice of the peace has sustained the demurrer filed by the defendant, has verbally ordered the amendment of the complaint or information, and later ratified this verbal order by a written one, he can not then finally dismiss the amended complaint on motion of defendant but should render the proper ruling thereon pursuant to law.

2. ID.; AMENDMENT OF FORMER RULING. — When a justice of the peace who tries a case retains jurisdiction to legally amend or supplement an order issued by him, wherein an important detail that ought to have appeared therein was omitted. it is neither just nor legal that such omission, due to negligence, carelessness. or ignorance, should work exemption from the consequences of a criminal act.

3. ID.; APPEALS IN THIRD INSTANCE. — When the appellant has raised no question as to the validity or constitutionality o
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