Case Digest (G.R. No. L-18826)
Facts:
Antonio Y. Mayuga v. Cesar R. Maravilla, G.R. No. L-18826. December 17, 1966, the Supreme Court En Banc, Bengzon, J.P., J., writing for the Court.Petitioner-appellant Antonio Y. Mayuga was criminally charged by information filed on March 22, 1960 (Criminal Case No. 4720) before respondent Justice of the Peace Cesar R. Maravilla of Odiongan, Romblon. The information, filed through then acting Provincial Fiscal Edmundo Ruado for complainant Aquilino Gallomosa, alleged homicide through reckless imprudence for failure to remove an intestinal pack (rolled gauze) from the surgical opening made in a cesarean operation on Gallomosa’s wife, Avelina, resulting in infection and her death on December 8, 1956.
The Justice of the Peace conducted a preliminary examination and, finding a prima facie case, ordered Mayuga’s arrest. Before the preliminary investigation proceeded, on August 30, 1960 Mayuga moved to quash the information, contending that the documentary annexes and oral testimonies received in the preliminary examination were hearsay and insufficient to establish probable cause. The Justice of the Peace denied the motion to quash and subsequent motions for reconsideration.
On November 20, 1960 Mayuga filed a petition for certiorari before the Court of First Instance (CFI) of Romblon, alleging grave abuse of discretion by the Justice of the Peace and seeking annulment of the JP’s orders and dismissal of the information. The CFI, by order of January 21, 1961, dismissed the petition for lack of merit and directed the Justice of the Peace to continue the preliminary investigation; a motion for reconsideration was denied on February 8, 1961. Mayuga appealed to the Court of Appeals, which, instead of resolving the appeal, certified two questions of law to the Supreme Court: whether the CFI erred in upholding the Justice of the Peace’s actuations, and whether outright dismissal of the certiorari petition by the CFI was error.
The record shows the prosecution relied on documentary exhibits (an autopsy copy, death certificates and a substituted photostatic copy) and the testimonies and affidavits of witnesses including Aquilino Gallomosa, a rural health nurse Sancho Pargao, and Dr. Godofredo Fatalla; Mayuga attacked those items as inadmissible hearsay and argued ...(Pro-only)
Issues:
- Did the Court of First Instance err in upholding the actions of the Justice of the Peace in finding a prima facie case against Mayuga?
- Was the CFI’s outright dismissal of Mayuga’s petition for certiorari without requiring an answer from the Justice of the Peace erroneous?
- Was there, on the record of the preliminary examination, a prima facie case or probable cause to warrant the issuance of an arrest warrant against ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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