Title
Benjamin Silao and Paulo Silao vs. Juan L. Bagano, in his capacity as Justice of the Peace of Pilar, Cebu
Case
G.R. No. L-5185
Decision Date
Mar 28, 1952
The Supreme Court affirmed the Court of First Instance's denial of a certiorari petition by Benjamin and Paulo Silao, ruling that the Justice of the Peace had likely made a probable cause finding before issuing their arrest warrant, despite the petitioners' claims to the contrary.
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Case Digest (G.R. No. L-5185)

Facts:

  • Petitioners-appellants: Benjamin Silao and Paulo Silao.
  • Respondent-appellee: Juan L. Bagano, Justice of the Peace of Pilar, Cebu.
  • June 22, 1948: Complaint for estafa filed against Dominador Almendras, Guillermo Nolasco, Gaudencio Barrera, and Clemente Garces alias Jesus for selling counterfeit morphine sulphate, causing P18,000 in damages.
  • July 24, 1948: Complaint amended to include Benjamin Silao and Paulo Silao.
  • Additional witnesses: Investigated before issuing the warrant of arrest.
  • July 30, 1948: Petitioners arrested in Ormoc City, Leyte, and released on bond.
  • September 18, 1948: Petitioners waived their right to a second preliminary investigation.
  • September 20, 1948: Petitioners withdrew the waiver, which was granted.
  • September 2, 1948: Petitioners filed a motion to dismiss the case, arguing the arrest order was issued without a preliminary examination as required by section 1 of Rule 108.
  • September 11, 1948: Motion to dismiss denied.
  • October 9, 1948: Motion for reconsideration denied.
  • October 22, 1948: Petitioners filed a petition for certiorari in the Court of First Instance of Cebu to declare the warrant of arrest null and void and to dismiss the case.
  • November 10, 1946: Respondent filed a motion to dismiss the petition for certiorari.
  • January 12, 1950: Petitioners' attorney opposed the motion.
  • January 18, 1950: Court of First Instance denied the petition for certiorari.
  • Appeal: To the Court of Appeals, which certified the case to the Supreme Court as only questions of law were involved.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court affirmed the order of the Court of First Instance dated January 18, 1950.
  • The petition for certiorari was denied, and the validity of the warrant of arrest issued by the Justice of the Peace of Pi...(Unlock)

Ratio:

  • The Supreme Court found substantial compliance with the requirements of the rules regarding the preliminary examination prior to the issuance of the arrest order.
  • Petitioners admitted seeing the Justice of the Peace confer with the prosecution witnesses before issuing the arrest order.
  • The Court of First Instance presumed that the Justice of the Peace had made a finding of probable cause before issuing the warrant, as the regularity of official a...continue reading

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