G.R. No. L-36481-2 - Servando vs. Philippine Steam Navigation Co.

On March 17, 1989, at about 7:30 AM near the Masbate Domestic Airport road, Congressman Moises Espinosa Sr. and three provincial guards (Antonio Cortes, Gaspar Amaro, Artemio Fuentes) were killed by a lone assassin; escort Dante Siblante survived with a gunshot wound.
Senior Technical Sgt. Harry O. Tantiado of PC-CIS filed an amended complaint before the Municipal Trial Court (MTC) of Masbate, docketed as Criminal Case No. 9211, charging multiple and frustrated murder against twelve accused, including petitioners Vicente Lim Sr., Mayor Susana Lim, Jolly T. Fernandez, Florencio T. Fernandez Jr., Nonilon A. Bagalihog, Mayor Nestor C. Lim, and Mayor Antonio Kho.

On July 31, 1989, the MTC issued an order finding probable cause for multiple murder and frustrated murder against the named accused, recommending P200,000 bail each (P150,000 for Fernandez and Bagalihog).
All accused except Jimmy Cabarles posted bail; the records (261 pages) were transmitted to the Provincial Prosecutor of Masbate on August 29, 1989.

Acting Fiscal Antonio C. Alfane, on September 22, 1989, affirmed a prima facie case but reclassified the charges into four counts of murder and one count of physical injuries. A motion for reconsideration by petitioners Vicente and Susana Lim was denied.
On October 30, 1989, Fiscal Alfane filed four separate murder informations before the Regional Trial Court (RTC) of Masbate, recommending no bail.

Petitioners Vicente and Susana Lim secured on December 14, 1989 an en banc SC resolution transferring venue to RTC Makati (Branch 56, Judge Nemesio S. Felix).
Before arraignment, petitioners moved for transmittal of preliminary investigation records, a preliminary hearing on probable cause, and a bail‐reduction hearing. The motions were opposed by the prosecution.

On July 5, 1990, Judge Felix denied the motions for lack of merit and issued warrants of arrest without bail relying solely on the prosecutor’s certification of probable cause, without examining the underlying records.
Petitioners filed consolidated petitions before the Supreme Court; TROs and a preliminary mandatory injunction were issued (July 17 and July 31, 1990) restraining enforcement of the warrants.

May a judge issue a warrant of arrest without bail by relying solely on a prosecutor’s certification of probable cause, without personally reviewing underlying records or conducting any examination?

Whether the constitutional requirement that probable cause be “personally determined by the judge” prohibits reliance on a bare certification.
Whether denial of access to preliminary investigation records constitutes grave abuse of judicial discretion.