Facts:

• Reynolan T. Sales, the serving mayor of Pagudpud, Ilocos Norte, shot and killed his political opponent, ex-mayor Atty. Rafael Benemerito, on August 2, 1999, in Barangay Caparispisan.
• Sales surrendered to local police and was later moved to the Provincial PNP Headquarters in Laoag City.
• On August 3, 1999, Police Chief Inspector Crispin Agno and Thelma Benemerito, the victim's wife, filed a murder complaint against Sales in the Municipal Circuit Trial Court of Bangui, Ilocos Norte, overseen by Judge Melvin U. Calvan.
• Judge Calvan conducted a preliminary examination, determined probable cause, and issued a warrant for Sales' arrest, leading to his confinement in the Provincial Jail.
• Sales filed a habeas corpus petition with the Court of Appeals, claiming Judge Calvan was disqualified due to his relationship with the victim's wife and that the preliminary examination was flawed.
• The Court of Appeals granted the petition, ordering Sales' release and a proper preliminary investigation.
• The case was referred to the Provincial Prosecutor of Ilocos Norte, who then forwarded it to the Ombudsman.
• The Ombudsman, via Graft Investigation Officer II Cynthia V. Vivar, recommended filing a murder charge against Sales, which was approved on June 16, 2000.
• Sales filed a motion to defer the issuance of a warrant of arrest, denied by the Sandiganbayan.
• Sales appealed to the Supreme Court, claiming violations of his constitutional rights due to the flawed preliminary investigation and improper probable cause determination.

Issue:

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Ruling:

1. The Supreme Court ruled that the proper procedure was not followed during the preliminary investigation.
2. The Supreme Court found that Sales' constitutional rights were not safeguarded d...(Unlock)

Ratio:

• The preliminary investigation was fragmented, being conducted by various officers without completion, a practice disapproved in past cases.
• Given the severity of the offense and Sales' position as mayor, a more thorough investigation was necessary, which the Ombudsman did not perform.
• The Ombudsman depended solely on Graft Investigation Officer II Cynthia V. Vivar’s findings, neglecting critical evidence and affidavits that might have favored Sales.
• Sales was not allowed to file a motion for reconsideration of the Ombudsman’s resolution, a right under the Ombudsman's Rules of Procedure.
• The San...continue reading