Case Digest (G.R. No. 68464)
Facts:
- Petitioners: Francisco D. Yap and Carlito H. Vailoces.
- Respondents: Honorable Intermediate Appellate Court, Judge Aurelio Lomeda, and Zosimo Dy, Sr.
- On July 6, 1983, Yap purchased three parcels of land from Dumaguete Rural Bank, Inc. via a Deed of Sale with Agreement to Mortgage.
- The parcels were identified as Lots 3, 6, and 1 under TCT Nos. T-20301, T-14781, and T-14777, located in Ayungon, Negros Oriental.
- The Bank warranted ownership of the properties sold to Yap.
- Yap obtained a Writ of Possession from the Regional Trial Court on September 2, 1983, allowing him to take physical possession.
- Yap voluntarily posted a bond of P8,000.00, which was approved by the court.
- On September 5, 1983, Yap served the Writ of Possession and harvested coconuts from the parcels.
- On September 22, 1983, Zosimo Dy, Sr. filed a case for qualified theft against Yap, Vailoces, Deputy Sheriff Janiola, and coconut gatherers.
- Dy claimed ownership of the parcels, asserting the sale occurred without the Bank's knowledge or consent.
- Judge Lomeda denied Yap and Vailoces's Motion to Quash on December 13, 1983, finding probable cause and ordering their arrest.
- Yap and Vailoces were arrested on January 3, 1984, and refused to post bail, believing their detention was unlawful.
- They filed a Petition for Habeas Corpus and/or Certiorari and Prohibition, which the Regional Trial Court granted on January 5, 1984, dismissing the case.
- Dy appealed to the Intermediate Appellate Court, which reversed the Regional Trial Court's ruling on July 31, 1984.
Issue:
- (Unlock)
Ruling:
- The Supreme Court ruled that certiorari does not lie to annul the municipal judge's order finding probable cause and issuing a warrant of arrest against the petitioners.
- The Court affirmed that the municipal judge had the a...(Unlock)
Ratio:
- The issuance of a warrant of arrest is contingent upon the municipal judge's finding of probable cause based on evidence presented during the preliminary investigation.
- Municipal trial courts have jurisdiction to conduct preliminary investigations for crimes, even if cognizable by regional trial courts, within their territ...continue reading
Case Digest (G.R. No. 68464)
Facts:
The case involves petitioners Francisco D. Yap and Carlito H. Vailoces against respondents the Honorable Intermediate Appellate Court, Judge Aurelio Lomeda, and Zosimo Dy, Sr. The events leading to the case began on July 6, 1983, when Yap purchased three parcels of land from the Dumaguete Rural Bank, Inc. (the Bank) through a Deed of Sale with Agreement to Mortgage. The parcels were identified as Lots 3, 6, and 1 under Transfer Certificate of Title (TCT) Nos. T-20301, T-14781, and T-14777, located in Ayungon, Negros Oriental. The Bank warranted ownership of the properties sold to Yap. Following the purchase, Yap obtained a Writ of Possession from the Regional Trial Court of Negros Oriental on September 2, 1983, allowing him to take physical possession of the properties. Although no bond was initially required, Yap voluntarily posted a bond of P8,000.00, which was approved by the court. On September 5, 1983, Yap, accompanied by Deputy Provincial Sheriff Lucito Janiola and co-petitioner Vailoces, served the Writ of Possession on the land overseer. Subsequently, Yap harvested coconuts from the parcels, unaware of any issues regarding his transaction with the Bank.
On September 22, 1983, Zosimo Dy, Sr. filed a case for qualified theft against Yap, Vailoces, Deputy Sheriff Janiola, and several coconut gatherers in the Municipal Circuit Court of Manjuyod, Ayungon and Bindoy, presided over by Judge Aurelio Lomeda. Dy claimed ownership of the parcels, asserting that the sale by the mortgagor to him occurred without the Bank's knowledge or consent. During the preliminary investigation, Yap and Vailoces filed a Motion to Quash the complaint, citing the Writ of Possession. However, Judge Lomeda denied the motion on December 13, 1983, finding probable cause against Yap and Vailoces while absolving the Sheriff and the gatherers. The judge ordered their arrest, stating that the Writ of Possession was evidentiary and a matter of defense. Yap and Vailoces...