G.R. No. 121982 - People vs. Cui y Baladjay

Petitioners (Hadji Ibrahim Solay Pangandaman, et al.) filed a petition for certiorari seeking:

Annulment of arrest warrant issued by Judge Dimaporo T. Casar in Criminal Case No. 1748.
Prohibition against the Judge’s further cognizance of that case.
An order compelling the Judge to forward the entire record to the Provincial Fiscal of Lanao del Sur.

Ground: the arrest warrant was issued without compliance with the preliminary investigation procedure of Section 3, Rule 112, Rules of Court.

On July 27, 1985, a shooting in Pantao, Masiu, Lanao del Sur, caused five deaths and two injuries; two versions existed as to whether it was a residence attack or a road ambush.
July 28, 1985 – Atty. Mangurun Batuampar, on behalf of a victim’s widow, wrote the Provincial Fiscal at Marawi City requesting a “full blast” preliminary investigation, warning of possible false implications on both sides.
The Provincial Fiscal indorsed the letter to Judge Casar, requesting that any related cases be forwarded to his office.

August 10, 1985 – P.C. Sgt. Jose L. Laru-an filed a criminal complaint for multiple murder before Judge Casar (docketed Case No. 1748).
The Judge personally examined three witnesses (under oath, questions and answers reduced to writing), found probable cause, approved the complaint, and issued warrants of arrest against the fourteen petitioners and fifty John Does.
August 14, 1985 – Atty. Batuampar (joined by Atty. Pama L. Muti) filed an ex parte motion for reconsideration, alleging a “hasty” and “haphazard” investigation; the Judge denied the motion.

The Judge failed to observe Section 3, Rule 112 (no second-phase or “full blown” investigation).
Denial of due process, undue haste (Saturday session hours), and reliance on pre-prepared affidavits by military personnel.
Jurisdictional conflict with the Provincial Fiscal’s prior cognizance.
Issuance of warrants against fifty John Does violated the constitutional requirement of particular description.

Whether completion of the entire preliminary investigation procedure under Section 3, Rule 112 is a condition sine qua non for the issuance of an arrest warrant.
Whether the Judge gravely abused his discretion or denied due process by issuing the warrant during limited Saturday hours, hastily, and relying on pre-prepared affidavits.
Whether the warrants of arrest against fifty John Does are valid under the constitutional mandate requiring particular description of the persons to be seized.