GR 46323; (December, 1938) (Digest)
G.R. No. 46323 , December 24, 1938
Pedro R. Arteche, petitioner-appellant, vs. Angel Rosales and Juan E. Reas, respondents-appellees.
FACTS
Petitioner Pedro R. Arteche, then Provincial Governor of Samar, was charged with light threats before the justice of the peace court of Wright, Samar, by Juan E. Reas. The complaint, supported by a sworn statement of a witness, alleged Arteche drew his revolver and threatened the complainant. The justice of the peace, after investigation, found probable cause and issued a warrant for Arteche’s arrest. Arteche posted bail, filed a demurrer challenging the court’s jurisdiction and the complaint’s sufficiency, and moved to disqualify the justice of the peace due to alleged relationship with a witness. Both motions were denied. Arteche then filed a petition for certiorari and prohibition in the Court of First Instance of Samar, seeking to annul all proceedings, primarily the arrest warrant, as null and void. The Court of First Instance dismissed his petition.
ISSUE
Whether the justice of the peace court committed grave abuse of discretion or acted without jurisdiction in (1) issuing the warrant of arrest, and (2) proceeding with the criminal case, thereby rendering all proceedings null and void.
RULING
The Supreme Court affirmed the dismissal. The proceedings were not null and void. (1) The warrant of arrest was validly issued. The justice of the peace substantially complied with procedural requirements by examining the complainant and witness under oath, even if their statements were not taken down in question-and-answer form due to the lack of a stenographer. While the justice of the peace could have been more courteous by merely summoning the Provincial Governor instead of arresting him, this did not constitute grave abuse of discretion. (2) The justice of the peace had jurisdiction over the misdemeanor of light threats. Any error in overruling the demurrer or in the complaint’s drafting was an error in the exercise of jurisdiction, not a lack of it, and could be corrected on appeal. The extraordinary writs of certiorari and prohibition were not warranted as there was no deprivation of liberty (Arteche was on bail) and no jurisdictional defect.
AI Generated by Armztrong.