PEOPLE VS.

GREY
G.R. NO. 180109 JULY 26, 2010
Facts:
Mayor Jojo Grey, his son Francis Grey and the others were charge of the crime Murder
which resulted in a filing of a counter-charge of Perjury for the death of Rolando Diocton. Judge
Bandal was the presiding judge who denied the motion for issuance of warrant of arrest due to
insufficiency but later on inhibit herself and denied the motion for reconsideration. Respondent
then filed his own petition for the change of venue alleging that the one who took over the case
was a pawn. Judge Natividad who was then the presiding judge proceeded with the preliminary
investigation and issued warrant of arrest against the respondent. Consequently, respondent filed
a petition alleging that petitioner gravely abuse his discretion for issuing order and for seeking a
TRO. CA then issued a permanent TRO, ordering a warrant of arrest but it was set aside and the
case was dismissed. Petitioner argued that respondent committed forum shopping which would
warrant the outright dismissal of their petition.
Issue:
Whether or not Judge Natividad gravely abuse his discretion for issuing the order and
warrant of arrest.
Held:
No. Judge Natividad did not gravely abuse his discretion in issuing a warrant of arrest.
His personal determination revealed no improper motive on the part of the prosecution and no
circumstance which would overwhelm the presumption of regularity in the performance of
official functions. Judge Natividad complied with constitution to personally determine the
complainant and witnesses for probable cause before issuing the warrant of arrest. The Court
ruled that personal determination of complainant and witnesses is not mandatory and
indispensable in determination of probable cause for the issuance of warrant of arrest. The
necessity arises only when there is an utter failure of the evidence to show the existence of
probable cause. Otherwise, the judge may rely on the report of the investigating prosecutor,
provided that he likewise evaluates the documentary evidence in support thereof.