G.R. No. L-34038, L-34243, L-36376, L-38688, L-39525, L-40031. June 18, 1976.
Salvador T. Mascardo, Collector of Customs, et al., petitioners, vs. Hon. Onofre A. Villaluz, Judge, Circuit Criminal Court, et al., respondents.

FACTS

These consolidated petitions arose from criminal complaints for violations of the Tariff and Customs Code and related laws, filed directly with the Circuit Criminal Court presided by respondent Judge Onofre A. Villaluz. In G.R. No. L-34038, the Collector of Customs filed a complaint against Cesar Makapugay for smuggling untaxed cigarettes and whiskey and failing to declare currency. After a preliminary investigation, Judge Villaluz dismissed the case “with prejudice” and ordered the return of the seized items and currency to Makapugay. The Collector refused, citing pending seizure proceedings, leading Makapugay to file a complaint for open disobedience. In G.R. No. L-34243, a similar complaint was filed against Nicanor Marcelo. Judge Villaluz assumed jurisdiction, conducted a preliminary investigation, and issued a warrant of arrest, ordering the fiscal to file an information within 48 hours. The other petitions involved analogous scenarios where Judge Villaluz assumed authority to conduct preliminary investigations on complaints filed directly with his court.

ISSUE

Whether a Judge of the Circuit Criminal Court has the authority to conduct a preliminary investigation of criminal complaints filed directly with his court.

RULING

No. The Supreme Court ruled that a Circuit Criminal Court Judge lacks the authority to conduct a preliminary investigation. The legal logic is anchored on the distinction between a preliminary examination and a preliminary investigation, and the specific jurisdictional grant to Circuit Criminal Courts. A preliminary examination is the ex parte inquiry by a judge to determine probable cause for issuing a warrant of arrest. A preliminary investigation is the subsequent inquiry conducted by a judge or authorized officer to determine whether there is sufficient ground to hold the accused for trial. Under the Judiciary Act and the Rules of Court, the power to conduct a preliminary investigation is vested in judges of municipal or city courts, and fiscals or other authorized officers. Republic Act No. 5179 , which created the Circuit Criminal Courts, did not grant them this power; it only endowed them with the jurisdiction and powers of a Court of First Instance. A Court of First Instance (now Regional Trial Court) itself does not have the power to conduct a preliminary investigation, as this power was removed by the Judiciary Act of 1948. Consequently, a Circuit Criminal Court Judge, possessing only CFI powers, cannot conduct one. The Court held that Judge Villaluz’s acts of conducting preliminary investigations and issuing orders based thereon (dismissal, arrest warrants, release of seized items) were void for lack of jurisdiction. The proper procedure is for the complaint to be filed with the fiscal or the proper municipal/city court for preliminary investigation, after which an information may be filed with the Circuit Criminal Court if a prima facie case is established. The orders issued by Judge Villaluz in the consolidated cases were annulled and set aside.