Facts:

• Defendants, including Diego Red, were arrested in Marinduque in January 1929.
• The arrest was ordered by the judge of the Court of First Instance of Lucena, Tayabas, during a period when no court sessions were held in Marinduque.
• Defendants were charged with violations of the Election Law.
• Upon arrest, defendants posted bonds to avoid detention and filed a motion to stay their arrest.
• They argued the absence of a summary examination as required by section 13 of General Order No. 58, amended by Act No. 3042.
• The trial court ordered a preliminary investigation under Acts Nos. 194 and 1627, which the defendants waived.
• Defendants did not waive their right to a summary examination before their arrest.
• The Court of First Instance of Marinduque dismissed the thirty-six informations against the defendants due to the lack of a summary examination.
• The provincial fiscal of Marinduque appealed the dismissal, arguing the court's error.

Issue:

• (Unlock)

Ruling:

1. The trial court did not err in dismissing the cases due to the lack of a summary examination before the arrest of the defendants.
2. The defendants did not waive their right to the summary ex...(Unlock)

Ratio:

• The Supreme Court upheld the trial court's decision to dismiss the cases.
• Section 13 of General Order No. 58, as amended by Act No. 3042, mandates a summary examination before the arrest of an accused person.
• The summary examination determines whether a warrant of arrest should be issued based on the prosecution's information.
• This examination is distinct from the preliminary investigation conducted after the arrest, governed by Acts Nos. 194 and 1627.
• The record showed no summary examination wa...continue reading