Case digests on searches and seizures DOCX

Title	Case digests on searches and seizures
Author	Mark Justin Mooc
Pages	18
File Size	72.6 KB
File Type	DOCX
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Summary

1 Placer v. Villanueva Placer v. Villanueva declared the existence of probable cause, each information is complete in form and In relation to the assassination of the representative of Masbate and his security escorts, the substance, and there is no visible defect on its face…” MTC of Masbate, after...

Description

1 Placer v. Villanueva Placer v. Villanueva In relatin ti the assassinatin if the representatve if Masbate and his security escirts, the MTC if Masbate, afer the presentatin if afdavits and answers if the prisecutin's witnesses, cincluded that pribable cause existed fir issuance if a warrant if arrest against Vicente Lim and cimpany . When the hearing if the case was transferred ti Makat TC and upin pettin if spiuses Lim fir transmissiin if inital recirds if the preliminary investgatin, the respindent Judge cincluded that pribable cause existed due ti the declaratin made by twi cimpetent ifcers – the MTC if Masbate and the Fiscal. Facts: 1. The Congressman of the municipality of Masbate, Masbate (Moises Espinos, Sr.) and his security escorts (Provincial Guards Antonio Cortes, Gaspar Amaro and Artemio Fuentes) were atacced and cilled by a lone assassin. One security escort (Dante Siblante) survived the assassinaton plot but sufered a gunshot wound. 2. After an investgaton of the incident, the designated investgator (aarry Tantado of the PC Criminal Investgaton Service at Camp Bagong Ibalon, Legazpi City) fled an amended complaint accusing Vicente Lim, Sr., Mayor Susana Lim of Masbate, Jolly T. Fernandez, Florencio T. Fernandez, Jr., Nonilon A. Bagalihog, Mayor Nestor C. Lim and Mayor Antonio Kho of the crime of multple murder and frustrated murder. 3. The Municipal Trial Court of Masbate, upon weighing the afdavits and answers given by the witnesses for the prosecuton during the preliminary investgaton in searching questons and answers, concluded that a probable cause had been established for the issuance of a warrant of arrest against the Lim, et.al. The recommended amount for bail of each of the accused was Php 200,000.00. Except for Cabarles, all of the accused posted bail. 4. The Fiscal (Antonio Alfane), a month after the entre records of the case (261 pages) were transmited, issued a resoluton which afrmed the fnding of a prima facie case against Lim, et.al. but difered in the designaton of the crime. ae ruled that all of the accused should not only be charged with Multple Murder with Frustrated Murder, but for a case of murder for each of the cilling of the four victms and a physical injuries case for inflictng gunshot wound on the butoccs of Siblante. Said Fiscal fled with the RTC of Masbate four separate informatons of murder against the 12 accused with a recommendaton of no bail. 5. The hearing of the case, due to the verifed petton fled by Lim with the SC, was transferred to the RTC of Macat, Branch 56 (under Judge Nemesio Felix). The Lims fled with the said court motons and manifestatons, which include, among others, issue an order for transmission of the inital records of the preliminary investgaton conducted in Masbate. These were denied by the respondent court for lacc of merit. 6. Felix said that there exists probable cause that the "ofense of multple murder was commited… afrmed upon review by the Provincial Prosecutor... Considering that both the two competent ofcers to whom such duty was entrusted by law have declared the existence of probable cause, each informaton is complete in form and substance, and there is no visible defect on its face…" Issue: Whether or not a judge may issue a warrant of arrest without bail by simply relying on the prosecuton's certfcaton and recommendaton that a probable cause exists Ruling: 1. The issuance of a warrant is not a mere ministerial functonn it calls for the exercise of judicial discreton on the part of the issuing magistrate (from Secton 6, Rule 112 of the Rules of Court). Under this secton, the judge must satsfy himself of the existence of probable cause before issuing a warrant or order of arrest. If on the face of the informaton the judge fnds no probable cause, he may disregard the fscal's certfcaton and require the submission of the afdavits of witnesses to aid him in arriving at a conclusion as to the existence of a probable cause. 2. The 1988 Amendments to the 1985 Rules on Criminal Procedure (efectve on October 1, 1988) did not restore the authority of conductng preliminary investgatons to Judges of RTCn said amendments did not in fact deal at all with the ofcers or courts having authority to conduct preliminary investgatons. This does not mean, however, that RTC judges also lost the power to mace a preliminary examinaton for the purpose of determining whether probable cause exists to justfy the issuance of a warrant of arrest or search warrant. Such power, is as much a duty as it is a power, has been and remains vested in every judge by the provision of the Bill of Rights securing the people against unreasonable searches and seizures, thereby placing it beyond the competence of mere Court Rule or Statute to revoce. 3. The distncton must be made clear: while an RTC judge may no longer conduct preliminary investgatons to ascertain whether there is sufcient ground for the fling of a criminal complaint or informaton, he retains the authority, when such a pleading is fled with his court, to determine whether there is probable cause justfying the issuance of a warrant of arrest. It might be added that this distncton accords, rather than conflicts, with the ratonale of salta, because both law and rule, in restrictng judges the authority to order arrest, recognize the functon to be judicial in nature. 4. Preliminary investgaton should be distnguished as to whether it is an investgaton for the determinaton of a sufcient ground for the fling of the informaton or it is an investgaton for the determinaton of a probable cause for the issuance of a warrant of arrest. The frst cind of preliminary investgaton is executve in nature, and part of the prosecuton's job. The second cind of preliminary investgaton, which is more properly called preliminary examinaton, is judicial in nature and is lodged with the judge. Case Digests: Searches and Seizures Mark Justin Mooc...