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PABLO SANIDAD VS. HON. ALADIN BERMUDEZ

ZALDIVAR, J.:

Facts:

In the morning of October 19, 1965, town of Narvacan, Ilocos Sur, a shooting incident occurred, allegedly

between the men of Congressman Crisologo on one side and the men of Congressman Sanidad on the

other, resulting in the death of five ersons, and the wounding of also five ersons, from the grou of

Congressman Crisologo! "he congressman was at that time camaigning for congressional candidate

#ucas Cauton against

Congressman $ablo Sanidad who was a candidate for reelection

$etitioner $ablo Sanidad,on October %&, 1965, filed with the Court a etition for rohibition, raying that

resondents 'on! (ladin )ermude*and any eace officer e+ecuting the uestioned warrant of arrest, be

commanded to desist from further roceeding with Criminal Case No! 5195 of the Court of -irst Instance

of Ilocos Sur, and that a writ of reliminary in.unction be issued e+ arte en.oining said resondent .udgesand fiscal from roceeding with said criminal case and from filing any other criminal information arising

from the October 19, 1965 shooting incident at Narvacan, Ilocos Sur, and from causing the arrest ofetitioners and the other members of their faction and organi*ation, and en.oining any and all eace

officers from carrying out or e+ecuting any warrant of arrest for the arehension and detention ofetitioners in connection with that incident!

"he information thus filed was accomanied by statements of three ersons that were subscribed and

sworn to by them before -iscal /edoble! "he information was doc0eted as Criminal Case No! 5195 of the

Court of -irst Instance of Narvacan! (cting on the motion of -iscal /edoble, udge (ladin )ermude*, on

October %%, 1965, issued an order authori*ing the municial .udge of 2igan Ilocos Sur to conduct the

reliminary investigation of the case in accordance with law and remanding the records of the case to the

said municial .udge! "he case was thereafter doc0eted as Criminal Case No! 3466 of the unicial

Court of 2igan, Ilocos Sur!

Issue:hether or not the warrant of arrest that was issued by the municial court of 2igan is valid

'eld7 "o conduct the reliminary e+amination or 8and investigation in accordance with the second

aragrah of section % of /ule 11%! In this connection, the Court is of the view that the word :or: used in

section % of /ule 11%, between the word :e+amination: and :investigation: should be understood to mean

:and:, because the municial .udge, under the authority given him by the court of first instance, must

conduct what formerly was called the two stages of the reliminary investigation ; the first stage,

consisting of the reliminary e+amination 8sections

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"he Court believe that the roceedings had in the Court of -irst Instance of Ilocos Sur and in the

unicial Court of 2igan which brought about the issuance of the warrant for the arrest of the ersons

named in the information filed by -iscal, were in accordance with the rocedure outlined in the ertinent

etitions of /ules 114 and 11% of the /ules of Court!

'>/>-O/>, the etitions is dismissed! "he .udge of the municial court of 2igan, Ilocos Sur, is

ordered to conduct the reliminary investigation in Criminal Case No! 3466 now ending in that court,without delay, and act in accordance with etitions 14 and 1%, of /ule 11%, of the /ules of Court!

Sec! 1! $reliminary e+amination! ; reliminary e+amination is a revious inuiry or e+amination made

before the arrest of the accused by a .udge or officer authori*ed to conduct the same, with whom a

comlaint or information has been filed imuting the commission of an offense cogni*able by the Court

of -irst Instance, for the urose of determining whether there is a reasonable ground to believe that an

offense has been committed and the accused is robably guilty thereof, so that a warrant of arrest may be

issued and the accused held for trial!

Sec! %! Officers authori*ed to conduct reliminary e+amination! ; !!! "he .ustice of the eace of therovincial caital or of the municiality in which the rovincial .ail is located, when directed by an order

of the Court of -irst Instance, shall have authority to conduct such reliminary e+amination or

investigation of any offense committed anywhere within his rovince at the e+ense of the municiality

wherein the same was committed!Sec! very erson ma0ing comlaint charging the commission of an offense

must inform the .udge or the corresonding officer of all ersons whom he believes to have any

0nowledge of its commission? the said .udge or officer shall issue suboena for such ersons, reuiring

them to attend at a secified time and lace as witnesses!

Sec! 5! @uty of .udge, fiscal or other officer conducting reliminary e+amination! ; "he .ustice of the

eace, the municial .udge, the fiscal or the municial mayor who conducts the reliminary e+amination

as rovided in these rules must ta0e under oath, either in the resence or absence of the accused, the

testimony of the comlainant and his witnesses! "he testimony of the comlainant and his witnesses shallbe reduced to writing and signed by them!

Sec! 6! arrant of arrest, when issued! ; If the .udge be satisfied from the reliminary e+amination

conducted by him or by the investigating officer that the offense comlained of has been committed and

that there is reasonable ground to believe that the accused has committed it, he must issue a warrant or

order for his arrest!