Case Digest (G.R. No. L-2508)
Facts:
A complaint signed by Lt. Fernando G. Regino charged MAMERTO ABNER with robbery in band with rape in Tinambac, Camarines Sur; upon the provincial fiscal's motion of September 6, 1946 that the justice of the peace was absent and the municipal mayor refused to receive the complaint, the Court of First Instance of Camarines Sur directed the justice of the peace of Naga to conduct the preliminary investigation. MAMERTO ABNER was admitted to bail and ROBERTO SOLER and DOMINGO ABELLA executed a P15,000 bail bond dated October 4, 1946; after repeated failures to produce Abner at scheduled proceedings the provincial fiscal petitioned for forfeiture and the Court of First Instance ordered the bond confiscated on March 31, 1948, from which the bondsmen appealed.Issues:
- Did the Court of First Instance obtain jurisdiction to prosecute the offense given the alleged failure to file the complaint in the Tinambac justice of the peace court?
- Is the bail bond executed by ROBERTO SOLER and DO
Case Digest (G.R. No. L-2508)
Facts:
- Complaint and preliminary investigation
- The complaint was signed by Lt. Fernando G. Regino, P. A., with the heading "In the Justice of the Peace Court of Tinambac, Camarines Sur," charging Mamerto Abner and others with robbery in band with rape committed in the municipality of Tinambac, province of Camarines Sur.
- By motion of the assistant provincial fiscal dated September 6, 1946, it was alleged that the justice of the peace of Tinambac was absent and the municipal mayor refused to receive the complaint.
- The Court of First Instance of Camarines Sur directed the justice of the peace of Naga to conduct the necessary preliminary investigation (Sec. 2, Rule 108, Rules of Court).
- Bail and initial proceedings
- Mamerto Abner was admitted to bail.
- Roberto Soler and Domingo Abella, as bondsmen, executed a bail bond for P15,000 dated October 4, 1946, which was approved by the justice of the peace of Naga on the same date.
- The bail bond contained the recital: "A complaint having been filed on September 17, 1946 in the justice of the Peace Court of Tinambac, Camarines Sur."
- Failure to appear at preliminary investigation and waiver
- Despite notice, Abner and his bondsmen failed to appear for the preliminary investigation set for March 26, 1947.
- On April 2, 1947, Abner, through counsel, filed a petition waiving the right to a preliminary investigation.
- By order of April 5, 1947, the justice of the peace of Naga forwarded the case as to Abner to the Court of First Instance of Camarines Sur.
- Information, trial settings, extensions, and nonappearance
- On May 8, 1947, the provincial fiscal filed the information in the Court of First Instance of Camarines Sur.
- Trial dates were scheduled and postponed: originally November 25, 1947, postponed to January 16, 1948, th...(Subscriber-Only)
Issues:
- Jurisdictional issue regarding preliminary investigation
- Whether the Court of First Instance acquired jurisdiction given the fiscal's allegation that no complaint was filed in the justice of the peace court of Tinambac.
- Validity of the bail bond lacking accused's signature
- Whether the bail bond executed by the appellants is void because it was not signed by the accused Mamerto Abner as principal.
- Excuse for nonproduction of the accused due to government action
- Whether appellants may avoid liability on the bond by alleging that a government campaign to capture Abner forced him...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)