Case Summary (G.R. No. 104645)
Background of the Case
The criminal proceedings began in April 1991 when an information was filed against Ernesto Java y Palmares and an unidentified co-accused, later revealed to be Alelio Bernaldez Pen, for violations of the Labor Code regarding illegal recruitment. The prosecution alleged that both men conspired to recruit individuals for non-existent job opportunities without the necessary licenses.
Amendments to the Information
An Urgent Motion to Amend the Information was filed by the City Prosecutor on May 29, 1991, identifying Pen and clarifying the nature of the charges against him. Despite the identification of Pen, "John Doe" was inadvertently retained in the amended information. A second amendment was submitted on August 27, 1991, naming Pen as a co-accused and, due to the capital offense, recommended no bail.
Procedural Developments
Initial attempts to subpoena Pen were unsuccessful, leading the court to consider complaints based on the evidence of the complainants. On September 20, 1991, a warrant of arrest was issued against Pen by Judge Jose Aguirre. Pen subsequently filed a motion challenging the validity of a resolution concerning his preliminary investigation rights, but the case was later assigned to Judge Anita Amora De Castro after Aguirre’s transfer.
Motion for Preliminary Investigation
On January 14, 1992, Pen filed a motion for a preliminary investigation, emphasizing the legal requirement for such proceedings in cases cognizable by the Regional Trial Court. Judge De Castro granted this motion but issued an alias warrant for Pen’s arrest the following day, prompting him to file a petition for certiorari against the judge.
Legal Questions Raised
The primary issues in this case pertain to whether the respondent judge acted within her authority in issuing the warrant of arrest before concluding the preliminary investigation and whether she complied with the constitutional requirement for establishing probable cause.
Court's Analysis and Findings
The court held that the issuance of an arrest warrant does not require the completion of a preliminary investigation if the information has been filed and a
...continue readingCase Syllabus (G.R. No. 104645)
Case Overview
- The case concerns Alelio Bernaldez Pen, the petitioner, who challenges the issuance of an alias warrant of arrest by Judge Anita Amora De Castro, the respondent, in connection with a charge of illegal recruitment.
- The case was presented before the Second Division of the Supreme Court of the Philippines on July 23, 1998, under G.R. No. 104645.
- The petition arises from Criminal Case No. 10126 filed in the Regional Trial Court, Branch 46, Bacolod City.
Background of the Case
- The Information filed in April 1991 charged Ernesto Java y Palmares and John Doe (later identified as Alelio Bernaldez Pen) with violations of Article 38 (a) and (b) in relation to Article 39 (b) of the Labor Code, focusing on illegal recruitment.
- The allegations stated that the accused conspired to recruit individuals for employment without the necessary license from the Department of Labor and Employment (DOLE).
- The recruitment was purportedly for non-existent jobs in Zambales, Philippines, with victims paying P200.00 each for these services.
Procedural History
- On May 29, 1991, the City Prosecutor sought to amend the Information to identify John Doe as Alelio Bernaldez Pen, but this amendment inadvertently retained the name John Doe.
- A second amended Information was subsequently filed on August 27, 1991, naming Pen and asserting that no bail was recommended due to the capital nature of the offense.
- Following the amended Information, a warrant of arrest was issued against Pen on September 20, 1991, while he was at large.
- On October 7, 1991, Pen filed a motion asserting that his right to a preliminary investigation was violated, which remained unacted upon for over three months.