G.R. No. 104645 July 23, 1998
Alelio Bernaldez Pen, petitioner, vs. Hon. Anita Amora De Castro, Judge, Br. 46, Regional Trial Court, Bacolod City, respondent.

FACTS

An Information was filed charging Ernesto Java and one John Doe with Illegal Recruitment under the Labor Code. The City Prosecutor later filed an “Urgent Motion To Amend the Information,” identifying the John Doe as Alelio Bernaldez Pen and seeking to allege qualifying circumstances. A Second Amended Information was subsequently filed, naming petitioner Alelio B. Pen as the co-accused and recommending no bail for the capital offense. A Resolution accompanied this, stating that a regular preliminary investigation was conducted on respondent Pen as he was at large; subpoenas were sent but could not be served, so the case was decided based on the complainants’ evidence under Sec. 3(d), Rule 112. The trial court admitted the Second Amended Information and issued a warrant for petitioner’s arrest. Petitioner filed a Motion to Declare the Resolution null for violating his right to preliminary investigation. When this remained unacted upon, he filed a Motion for Preliminary Investigation in court. Respondent Judge granted the motion and ordered the City Prosecutor to conduct the requisite preliminary investigation. The following day, the respondent judge directed the issuance of an alias warrant for petitioner’s immediate arrest. Petitioner filed this Petition for Certiorari, contending the respondent judge acted with grave abuse of discretion in issuing the alias warrant before the preliminary investigation was completed.

ISSUE

Whether the respondent judge acted with grave abuse of discretion in issuing an alias warrant of arrest against the petitioner despite the pending preliminary investigation ordered by the court.

RULING

The petition is devoid of merit. The Rules of Criminal Procedure do not require that a preliminary investigation be first completed before a warrant of arrest may issue. The rule simply provides that no complaint or information for an offense cognizable by the Regional Trial Court shall be filed without a preliminary investigation having been first conducted. Here, a Second Amended Information had already been filed and admitted by the court, and a warrant of arrest had previously been issued. The respondent judge, in ordering the issuance of the alias warrant, personally determined the existence of probable cause based on the records of the case, which included the sworn statements of the complainants. The court found compelling reasons for the immediate custody of the petitioner in the interest of justice and a speedy administration thereof, given the nature of the capital offense charged. The petition was dismissed, and the Orders of the respondent judge were upheld.