Case Digest (G.R. No. 46584)
Facts:
Mariano Marcos, Ferdinand Marcos, Pio Marcos and Quirino Lizardo v. Roman A. Cruz, G.R. No. 46584, May 13, 1939, the Supreme Court, Imperial, J., writing for the Court. The petitioners are four accused in Criminal Case No. 7447 of the Court of First Instance of Ilocos Norte; the respondent is Roman A. Cruz, Judge of the Court of First Instance of Ilocos Norte.The information for the murder of Julio Nalundasan was signed by the Provincial Fiscal of Laguna (specially designated) and presented directly to Judge Cruz. The respondent examined under oath two witnesses (Calixto Aguinaldo and Valentin Rubio), found probable cause, issued a warrant of arrest and had the petitioners arrested; the investigation was conducted under sections 13 and 14 of General Orders No. 58, as last amended by Act No. 4178. When arraigned the petitioners moved for bail; the prosecutor objected and the matter produced incidents that led to an earlier petition for certiorari (G.R. No. 46490), which resulted in an order that questions of bailability be tried with evidence from both sides. The trial court fixed bonds (P15,000 for Ferdinand, P20,000 each for the others) and the petitioners were released on bail.
Subsequently the petitioners repeatedly demanded a preliminary investigation under Acts Nos. 194, 1450 and 1627; the trial court denied the multiple demands on the ground that the summary examination it had conducted under sections 13 and 14 of General Orders No. 58 already amounted to the preliminary investigation and therefore set the case for trial. At trial the petitioners pleaded not guilty, sought separate trials (granted), and before the petitioners’ side could present evidence the prosecution rested its direct evidence. The petitioners filed a petition for certiorari and mandamus in this Court to compel the grant of the preliminary investigation; that petition was denied by resolution of March 13, 1939.
The petitioners moved for reconsideration of the denial, invoking People v. Solon (47 Phil. 443), Payao v. Judge Lesaca (35 Off. Gaz. 3), and the Court’s own decision in Mariano Marcos et al. v. Judge Roman A. Cruz (G.R. No. 46490, Jan. 24, 1939). The Court allowed interventions by prominent lawyers as amici curiae and received written memoranda. After considering the submissions and reviewing the governing statu...(Pro-only)
Issues:
- Are the petitioners entitled to a preliminary investigation under Acts Nos. 194, 1450 and 1627 despite the summary examination conducted by the judge of the Court of First Instance under sections 13 and 14 of General Orders No. 58?
- If not, does a preliminary investigation conducted by a judge of the Court of First Instance under sections 13 and 14 of General Orders No. 58 satisfy the statutory and due-process purpose of the preliminary investigation e...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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