Case Summary (G.R. No. 101837)
Factual Background
On July 2, 1991, petitioner drove the wrong way on a one-way street in San Juan, Metro Manila, nearly collided with Maguan’s car, then exited his vehicle and shot Maguan. A nearby guard noted the assailant’s plate number. Police recovered a 9 mm shell and live round; plate records linked the car to petitioner’s spouse. Investigation led to petitioner’s identification by a bakery guard after he dined there.
Detention and Initial Charging
On July 8, 1991, petitioner, escorted by counsel, presented himself at San Juan Police Station. He was detained after a station-house eyewitness identified him. The same day, a frustrated homicide complaint was filed. Petitioner refused to waive Article 125 rights. Maguan died July 9; on July 11 the prosecutor filed an information for murder without preliminary investigation and recommended no bail.
Bail and Preliminary Investigation Motions
Petitioner filed an omnibus motion on July 11 seeking immediate release and a preliminary investigation. The provincial prosecutor recommended bail at ₱100,000. On July 12 the trial court approved bail; on July 16 it granted the prosecutor leave to conduct preliminary investigation. On July 17 the judge motu proprio rescinded both orders and set bail for hearing.
Arraignment, Habeas Petition, and CA Decisions
Petitioner’s certiorari and prohibition petitions to restrain the July 17 order were remanded. He was arraigned August 23; he refused to plead and a “not guilty” plea was entered. He filed a habeas corpus petition August 27; the CA issued the writ August 30 but later denied both petitions on September 23, 1991, upholding lawful warrantless arrest, waiver by bail posting, and the trial court’s process control.
Issues for Supreme Court Review
- Lawfulness of petitioner’s warrantless arrest.
- Validity of any waiver of petitioner’s right to preliminary investigation.
Legal Framework on Warrantless Arrest
Under Rule 113, Sec. 5, arrest without warrant is lawful only when the offense is committed in the officer’s presence or “just been committed” and based on personal knowledge. Under Rule 112, Sec. 7, a lawfully arrested accused may be charged without preliminary investigation, subject to waiver requirements.
Analysis on Lawful Arrest
Petitioner’s detention occurred six days after the shooting; arresting officers lacked personal knowledge and were not present at the crime. The “just committed” exception did not apply. Consequently, there was no lawful warrantless arrest under Rules 113 and 112.
Legal Framework on Preliminary Investigation
Article 125 of the Revised Penal Code and Rule 112 guarantee an accused the right to preliminary investigation before trial. Waiver must be explicit, signed, and accompanied by counsel or responsible person.
Analysis on Waiver of Preliminary Investigation
Petitioner consistently demanded preliminary investigation from the outset. His omnibus motion, filed the same day as the information, effectively informed both prosecutor and court of his demand within the five-day reglementary period. He did not fail to invoke or properly contest the right. There was no voluntary, informed waiver.
Impact on Bail and Trial Proceedings
The trial court’s recall of
Case Syllabus (G.R. No. 101837)
Facts of the Case
- On 2 July 1991, Eldon Maguan was driving along Wilson St., San Juan, Metro Manila, heading toward P. Guevarra St.
- Petitioner Rolito Go entered Wilson St. in the wrong direction; their cars nearly collided at Wilson and J. Abad Santos Sts.
- Go alighted his vehicle, approached Maguan’s car, and shot him inside the vehicle.
- A nearby security guard recorded the assailant’s car plate number.
- Police recovered an empty 9mm shell and one live round at the scene.
- LTO records showed the car registered to Elsa Ang Go.
- The next day, police learned Go had dined earlier at Cravings Bake Shop.
- From the bake shop cashier, police secured the credit card impression; a security guard positively identified Go from a photograph.
Arrest and Initial Charge
- On 8 July 1991, Go appeared at San Juan Police Station with two lawyers to verify press reports of a manhunt.
- Police detained him; an eyewitness at the station identified him as the gunman.
- Same day, a complaint for frustrated homicide was filed by the San Juan Police with the Rizal Provincial Prosecutor.
Change in Charge and Waiver Issue
- On 9 July 1991, Maguan died of his gunshot wounds.
- On 11 July 1991, the Prosecutor filed an information for murder before the RTC, citing petitioner’s refusal to waive Article 125’s preliminary investigation.
- No bail recommendation was included in the information.
Omnibus Motion and Bail Proceedings
- On 11 July 1991, petitioner filed an omnibus motion with the Prosecutor for immediate release and proper preliminary investigation, also praying for bail or recognizance.
- Provincial Prosecutor Mauro Castro interposed no objection to petitioner’s release on P100,000 cash bail.
- On 12 July 1991, petitioner secured an ex-parte special raffle; the RTC approved the cash bond and ordered his release the same day.
Motu Proprio Orders and First Appeals
- On 16 July 1991, the Prosecutor moved for leave to conduct preliminary investigation and to suspend court proceedings; the RTC granted leave and canceled the arraignment.
- On 17 July 1991, the RTC Judge motu proprio:
- Recalled the bail‐granting order;
- Recalled the leave‐to‐conduct‐PI order;
- Treated the omnibus motion as a bail petition and set hearing for 23 July 1991.
- On 19 July 1991, petitioner filed a petition for certiorari, prohibition, and mandamus in the Supreme Court, challenging the 17 July Order and alleging denial of due process.
Further Proceedings and Consolidation
- On 23 July 1991, petiti