GR 33533; (February, 1931) (Digest)
G.R. No. 33533-33535, 33708-33740. February 26, 1931.
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellant, vs. DIEGO RED, ET AL., defendants-appellees.
FACTS
The Provincial Fiscal of Marinduque filed thirty-six (36) informations for violation of the Election Law against various inspectors and voters. The fiscal sent the informations by letter to the deputy clerk in Boac, requesting that they be forwarded to the judge in Lucena to expedite the issuance of warrants of arrest. The judge in Lucena issued the warrants based solely on the informations and the fiscal’s letter, without conducting the summary examination under oath of the fiscal and his witnesses as required by law. The accused were arrested and posted bail. They later filed motions questioning the validity of their arrest due to the lack of the required examination. The trial court, upon discovering this procedural defect, dismissed all the cases, holding that the warrants of arrest were issued in violation of the express mandate of the law.
ISSUE
Whether the trial court correctly dismissed the criminal cases due to the failure of the issuing judge to conduct the summary examination prescribed by Section 13 of General Order No. 58 (Code of Criminal Procedure) before issuing the warrants of arrest.
RULING
Yes, the trial court’s dismissal is affirmed. The Supreme Court held that Section 13 of General Order No. 58, as amended, mandates a summary examination under oath of the fiscal and witnesses by the judge before a warrant of arrest may be issued based on an information filed by a fiscal. This procedure is a prerequisite to determine if there is probable cause for arrest. The record affirmatively showed this examination was not conducted. The accused did not waive this right by posting bail, as their actions (filing motions to quash the arrest) demonstrated they were contesting the irregularity from the outset. Their subsequent waiver of the preliminary investigation (a different post-arrest procedure) did not constitute a waiver of the right to the pre-arrest summary examination. The dismissal was proper to uphold the procedural safeguard designed to protect individual liberty.
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