G.R. No. 40292 ; October 18, 1933
LUIS QUIANZON, petitioner, vs. PROVINCIAL FISCAL OF ILOCOS NORTE, ET AL., respondents.

FACTS

Petitioner Luis Quianzon filed a written accusation (denuncia) before the Justice of the Peace of Currimao, charging numerous individuals with estafa. This arose from a dispute within a laborers’ association at the port of Currimao, where internal conflicts led to mutual accusations of malversation. The Justice of the Peace began a preliminary investigation but, upon objection by the Deputy Provincial Fiscal (who was investigating related charges), refrained from issuing warrants of arrest. Quianzon then filed this original petition for writs of prohibition and mandamus to prevent the fiscal from interfering and to compel the Justice of the Peace to issue the warrants.

ISSUE

Whether the writs of prohibition and mandamus are appropriate remedies to restrain the provincial fiscal from interfering and to compel the Justice of the Peace to issue warrants of arrest based on a private accusation.

RULING

No. The petition is denied.
1. Mandamus against the Justice of the Peace is not available. The issuance of a warrant of arrest after a preliminary investigation involves discretionary power, not a ministerial duty. Mandamus only lies to compel the performance of a clear legal duty without discretion. The Justice of the Peace is subject to administrative supervision by the Judge of First Instance, but not to mandamus from the Supreme Court in this context.
2. Prohibition against the Provincial Fiscal is not appropriate. The fiscal’s participation in objecting to the issuance of warrants, given his concurrent investigation into related charges, was not officious or unjustifiable. Thus, prohibition does not lie.
The Court denied the petition, with costs against the petitioner.

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