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
Case Digest (G.R. No. L-5185)
Facts:
The case involves petitioners-appellants Benjamin Silao and Paulo Silao against respondent-appellee Juan L. Bagano, in his capacity as Justice of the Peace of Pilar, Cebu. On June 22, 1948, a complaint for estafa was filed in the Justice of the Peace Court of Pilar, Cebu, against Dominador Almendras, Guillermo Nolasco, Gaudencio Barrera, and Clemente Garces alias Jesus. They were charged with fraudulently selling counterfeit morphine sulphate, causing a damage of P18,000 to the victim. On July 24, 1948, the complaint was amended to include Benjamin Silao and Paulo Silao. Following the amendment, additional witnesses were investigated before issuing the warrant of arrest. The petitioners were arrested on July 30, 1948, in Ormoc City, Leyte, and subsequently released on bond. On September 18, 1948, the petitioners waived their right to a second preliminary investigation, intending to have the case tried on its merits before the Court of First Instance. However, on September 20, 1948, they withdrew this waiver, which was granted. On September 2, 1948, the petitioners filed a motion to dismiss the case, arguing that the court had issued the arrest order without conducting a preliminary examination as required by section 1 of Rule 108. This motion was denied on September 11, 1948. A motion for reconsideration was also denied on October 9, 1948. Subsequently, on October 22, 1948, the petitioners filed a petit...