ARRESTS

DAVID ET AL V. GMA SANCHEZ V. DEMETRIOU PEOPLE V. SIAO PLACER V. VILLANUEVA

 One of the misfortunes of an emergency,  At any rate, it is settled that the absence of a preliminary  The use of a weapon  Power of judge to issue
particularly, that which pertains to security, is that investigation does not impair the validity of the serves to increase the warrant of arrest upon
military necessity and the guaranteed rights of the information or otherwise render the same defective and penalty. Since the use of fiscal's certification of
individual are often not compatible. Our history neither does it affect the jurisdiction of the court over a deadly weapon the existence of
reveals that in the crucible of conflict, many rights the case or constitute a ground for quashing the increases the penalty as probable cause;
are curtailed and trampled upon. Here, the right information. If no preliminary investigation has been opposed to a generic Issuance of warrant of
against unreasonable search and seizure; the right held, or if it is flawed, the trial court may, on motion of aggravating arrest discretionary
against warrantless arrest; and the freedom of the accused, order an investigation or reinvestigation circumstance which only power of judge
speech, of expression, of the press, and of assembly and hold the proceedings in the criminal cases in affects the period of the  Under this section (Sec.
under the Bill of Rights suffered the greatest blow. abeyance. penalty, said fact should 6, Rule 112, Rules of
 ”The plain import of the language of the  “Arrest” is defined under Section 1, Rule 113 of the Rules be alleged in the Court) the judge must
Constitution is that searches, seizures and arrests of Court as the taking of a person into custody in order information, because of satisfy himself of the
are normally unreasonable unless authorized by a that he may be bound to answer for the commission of the accused’s right to be existence of probable
validly issued search warrant or warrant of arrest. an offense. Under Section 2 of the same Rule, an arrest is informed of the nature cause before issuing a
Thus, the fundamental protection given by this effected by an actual restraint of the person to be and cause of the warrant or order of
provision is that between person and police must arrested or by his voluntary submission to the custody of accusation against him. arrest. If on the face of
stand the protective authority of a magistrate the person making the arrest. Application of actual force, Considering that the the information the
clothed with power to issue or refuse to issue manual touching of the body, physical restraint or a complaint (which was judge finds no probable
search warrants or warrants of arrest. formal declaration of arrest is not required. It is enough later converted into the cause, he may disregard
 Rule 126 of The Revised Rules on Criminal that there be an intent on the part of one of the parties Information) failed to the fiscal's certification
Procedure lays down the steps in the conduct of to arrest the other and an intent on the part of the other allege the use of a and require the
search and seizure: to submit, under the belief and impression that deadly weapon, submission of the
Section 4 requires that a search warrant submission is necessary. specifically, that herein affidavits of witnesses
be issued upon probable cause in  Be that as it may, it is not idle to note that ordinarily, an accused-appellant was to aid him in arriving at
connection with one specific offence to be invitation to attend a hearing and answer some armed with a gun, the a conclusion as to the
determined personally by the judge after questions, which the person invited may heed or refuse penalty to be reckoned existence of a probable
examination under oath or affirmation of at his pleasure, is not illegal or constitutionally with in determining the cause.
the complainant and the witnesses he objectionable. Under certain circumstances, however, penalty for rape would  In said cases, the filing
may produce. such an invitation can easily assume a different be reclusion perpetua, of the affidavits of
Section 8 mandates that the search of a appearance. Thus, where the invitation comes from a the penalty prescribed witnesses with the
house, room, or any other premise be powerful group composed predominantly of ranking for simple rape under court is mandatory.
made in the presence of the lawful military officers issued at a time when the country has Article 335, as amended Section 9, par. 2 of said
occupant thereof or any member of his just emerged from martial rule and when the suspension by R.A. No. 7659 Rule prescribes that
family or in the absence of the latter, in of the privilege of the writ of habeas corpus has not "the complaint or
the presence of two (2) witnesses of entirely been lifted, and the designated interrogation site information must be
sufficient age and discretion residing in is a military camp, the same can easily be taken, not as a accompanied by the
the same locality. strictly voluntary invitation which it purports to be, but affidavits of the
Section 9 states that the warrant must as an authoritative command which one can only defy at complainant and of his
direct that it be served in the daytime, his peril. witnesses in such
unless the property is on the person or in  Where the accused objects to the jurisdiction of the number of copies as
the place ordered to be searched, in court over his person, he may move to quash the there are defendants
which case a direction may be inserted information but only on that ground. If he raises other plus two (2) copies for
that it be served at any time of the day or grounds in the motion to quash, he is deemed to have the court's files."
night. waived that objection and to have submitted his person  The obvious purpose of
All these rules were violated by the CIDG to the jurisdiction of the court. requiring the
 operatives.  The prosecutor cannot be compelled to include in the submission of affidavits
 The search and seizure of materials for publication, information a person against whom he believes no of the complainant and
the stationing of policemen in the vicinity of the The sufficient evidence of guilt exists. of his witnesses is to
Daily Tribune offices, and the arrogant warning of enable the court to
government officials to media, are plain censorship determine whether to
—it is that officious functionary of the repressive dismiss the case
government who tells the citizen that he may speak outright or to require
only if allowed to do so, and no more and no less further proceedings.
than what he is permitted to say on pain of
punishment should he be so rash as to disobey; The
Supreme Court cannot tolerate the blatant
disregard of a constitutional right even if it involves
the most defiant of our citizens—freedom to
comment on public affairs is essential to the vitality
of a representative democracy.

PEOPLE V. INTING ALLADO V. DIOKNO SALONGA V. CRUZ PANO

 The determination of probable cause is a function of the  Section 2, Art. III, of the 1987 Constitution, lays down the  An order denying a motion to quash or to dismiss, while
Judge. It is not for the Provincial Fiscal or Prosecutor nor requirements for the issuance of a warrant of arrest, i.e., interlocutory can be the subject of a petition for
for the Election Supervisor to ascertain. Only the Judge a warrant of arrest shall issue only upon probable cause certiorari in the interest of substantial justice
and the Judge alone makes this determination. to be determined personally by the judge after  The term “prima facie evidence” denotes evidence
 The preliminary inquiry made by a Prosecutor does not examination under oath or affirmation of the which, if unexplained or uncontradicted, is sufficient to
bind the Judge. It merely assists him to make the complainant and the witnesses he may produce sustain the proposition it supports or to establish the
determination of probable cause. The Judge does not  probable cause for an arrest or for the issuance of a facts, or to counterbalance the presumption of
have to follow what the Prosecutor presents to him. By warrant of arrest has been defined as such facts and innocence to warrant a conviction.
itself, the Prosecutor’s certification of probable cause is circumstances which would lead a reasonably discreet  The question raised before us now is: Were the
ineffectual. It is the report, the affidavits, the transcripts and prudent man to believe that an offense has been evidences against the petitioner uncontradicted and if
of stenographic notes (if any), and all other supporting committed by the person sought to be arrested. And as a they were unexplained or uncontradicted, would they,
documents behind the Prosecutor’s certification which protection against false prosecution and arrest, it is the standing alone, sufficiently overcome the presumption of
are material in assisting the Judge to make his knowledge of facts, actual or apparent, strong enough to innocence and warrant his conviction?
determination. justify a reasonable man in the belief that he has lawful  A testimony on preliminary investigation which is based
 udges and Prosecutors alike should distinguish the grounds for arresting the accused. on the affidavits of others is hearsay and can hardly
preliminary inquiry which determines probable cause for  Before issuing a warrant of arrest, the judge must satisfy qualify as prima facie evidence
the issuance of a warrant of arrest from the preliminary himself that there is sufficient proof that a crime has  The purpose of a preliminary investigation is to secure
investigation proper which ascertains whether the been committed and that the person to be arrested is the innocent against hasty, malicious and oppressive
offender should be held for trial or released. Even if the probably guilty thereof. prosecution, and to protect him from an open and public
two inquiries are conducted in the course of one and the  Verily, respondent judge committed grave abuse of accusation of crime, from the trouble, expense and
same proceeding, there should be no confusion about discretion in issuing the warrant for the arrest of anxiety of a public trial, and also to protect the state
the objectives. The determination of probable cause for petitioners it appearing that he did not personally from useless and expensive trials.
the warrant of arrest is made by the Judge. The examine the evidence nor did he call for the complainant  Although there is no general formula or fixed rule for the
preliminary investigation proper—whether or not there and his witnesses in the face of their incredible accounts. determination of probable cause since the same must be
is reasonable ground to believe that the accused is guilty Instead, he merely relied on the certification of the decided in the light of the conditions obtaining in given
of the offense charged and, therefore, whether or not he prosecutors that probable cause existed. situations and its existence depends to a large degree
should be subjected to the expense, rigors and upon the finding or opinion of the judge conducting the
embarrassment of trial is the function of the Prosecutor. examination, such a finding should not disregard the
 RTC Judges still have the power to make a preliminary facts before the judge nor run counter to the clear
 examination for the purpose of determining whether dictates of reasons
probable cause exists to justify the issuance of a warrant
of arrest.
 Comelec is empowered to conduct preliminary
investigations in cases involving election offenses for the
purpose of helping the Judge determine probable cause
and for filing an information in Court.
 The Provincial Fiscal as such assumes no role in the
prosecution of election cases