G.R. No. 134307 , December 21, 1998
EDUARDO M. COJUANGCO, JR., petitioner, vs. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, respondents.

FACTS

Petitioner Eduardo Cojuangco, Jr. sought the dismissal of Criminal Case No. 22018 pending before the Sandiganbayan via a Petition for Prohibition. He alleged a violation of his constitutional right to the speedy disposition of his case. Concurrently, he assailed the validity of the warrant of arrest issued against him, arguing that the Sandiganbayan judge issued it based solely on the prosecutor’s resolution and memorandum without conducting an independent judicial evaluation of the evidence to determine probable cause.

ISSUE

The primary issues were: (1) whether there was a violation of petitioner’s right to speedy disposition of his case warranting dismissal; and (2) whether the warrant of arrest was void for lack of an independent judicial determination of probable cause.

RULING

The petition was denied. On the first issue, the right to speedy disposition is violated only by vexatious, capricious, and oppressive delays. The Court applied a balancing test, weighing factors like the length of and reason for the delay, the defendant’s assertion of the right, and prejudice suffered. The circumstances did not meet the threshold for dismissal. On the second issue, while the Constitution mandates that a judge must personally determine probable cause for issuing a warrant and cannot rely solely on the prosecutor’s report, any procedural flaw in the arrest was cured when petitioner posted bail. By posting bail, petitioner voluntarily submitted to the jurisdiction of the court and waived any irregularity in his arrest. The Court, however, granted the ancillary plea to temporarily lift the travel ban on petitioner for reasonable and justified grounds.