GR L 1336; (May, 1948) (Digest)
G.R. No. L-1336; May 28, 1948
POTENCIANA DEQUITO and CARLOS SALING BUHAY, petitioners, vs. HUGO O. ARELLANO, Justice of the Peace of Padre Burgos, Quezon, and OSMUNDO SANTIAGO, respondents.
FACTS
Petitioners filed a complaint for qualified trespass to a dwelling. After a preliminary hearing, the respondent Justice of the Peace issued an arrest order. Upon the accused’s arraignment and plea of not guilty, the private prosecution (petitioners) declined to present its witnesses again, invoking Section 11, Rule 108 of the Rules of Court. They insisted it was the judge’s duty to merely inform the accused of the substance of the testimony and evidence already presented during the preliminary investigation. The judge, however, ordered the prosecution to present its witnesses for examination in the accused’s presence, prompting this petition for certiorari.
ISSUE
Whether a justice of the peace, during a preliminary investigation after the arrest of the accused, can compel the prosecution to present its witnesses for examination in the presence of the accused, despite the procedure outlined in Section 11, Rule 108 of the Rules of Court.
RULING
The Supreme Court DENIED the petition. While Section 11, Rule 108 does not grant the accused a right to have the prosecution witnesses testify again in his presence after arrest (as the constitutional right to confrontation does not apply to preliminary investigations), the justice of the peace possesses the inherent discretionary authority to allow or require such presentation. This power stems from the court’s duty to ascertain whether a crime has been committed and whether probable cause exists, and to pursue a course reasonably calculated to discover the truth. The judge is not confined by the strict procedure of Section 11 and may, in the interest of justice, examine or recall witnesses to test their credibility and secure a clearer understanding of the facts. The petitioners’ restrictive interpretation was deemed out of tune with modern methods of administering justice.
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