GR L 4797; (November, 1952) (Digest)
G.R. No. L-4797 November 26, 1952
The People of the Philippines, plaintiff-appellant, vs. Agapito Olandag, defendant-appellee.
FACTS
A complaint for theft of large cattle was filed against Agapito Olandag by the chief of police of Baliangao on October 15, 1948. The record of the justice of the peace contained several incriminating affidavits. The docket showed that on October 5, 1948, the complaint was filed and Olandag was already in custody before any warrant of arrest could be issued; bail was fixed and later increased. On November 18, 1948, the complaint was read to Olandag, who pleaded not guilty, and the court conducted a preliminary investigation. On December 15, 1948, the justice of the peace issued an order finding a prima facie case and remanded the case to the Court of First Instance. A warrant of arrest was issued on November 24, 1948, and served on Olandag the same day. The Court of First Instance dismissed the case, holding that the justice of the peace failed to conduct a preliminary examination to determine probable cause for issuance of a warrant of arrest and failed to issue the necessary warrant initially, which it considered fatal to jurisdiction and a deprivation of due process.
ISSUE
Whether the failure of the justice of the peace to conduct a preliminary examination and to issue a warrant of arrest initially deprived the court of jurisdiction and violated due process.
RULING
No. The order of dismissal is reversed and the case is remanded for further proceedings. The Supreme Court held that a justice of the peace is not prohibited from concluding that probable cause exists based on the affidavits or statements presented. A preliminary investigation is not an essential part of due process. Olandag, by filing a bail bond for his temporary release and raising the objection for the first time almost two years after the filing of the complaint, must be deemed to have waived his right to the preliminary examination. The issuance and service of the warrant of arrest on November 24, 1948, cured the previous failure to issue it. The justice of the peace did not issue a warrant initially because Olandag was already under custody. Furthermore, as the justice of the peace court is not a court of record, it is not required to expressly record the conduct of a preliminary examination and the finding of probable cause; the issuance of the warrant is prima facie evidence of such a finding.