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 .udges
and 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 of
etitioners 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 of
etitioners 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, 1udge (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 5unicial
Court of 2igan, Ilocos Sur!
Issue: 6hether 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 8and9 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 <, 5 and 6 of /ule 11%9, and the second stage,
consisting of the reliminary investigation roer 8section 14 of the /ule 11%9! If the information is filed
directly with the municial court or city court, the municial .udge, or the city .udge, as the case may be,
roceeds to conduct the reliminary e+amination in accordance with sections <, 5, and 6 of /ule 11% of
the /ules of Court! If the accused is ordered arrested and is delivered to the court, then the municial
.udge, or the city .udge, will roceed to conduct the reliminary investigation in accordance with section
14 of /ule 11%! =on the conclusion of the reliminary e+amination and investigation the municial
.udge, or the city .udge, shall transmit without delay to the cler0 of the court of first instance having
.urisdiction of the offense the record of the case, in accordance with the rovisions of section 1% of /ule
11%! Once the record is received by the cler0 of court, the case shall roceed on the basis of the original
information, unless as a result of the reliminary investigation the fiscal may find it necessary to amend
the old information or file a new one! "he accused may then be arraigned and tried if he is already
arrested and brought to court!
"he Court believe that the roceedings had in the Court of -irst Instance of Ilocos Sur and in the
5unicial 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!
6'>/>-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 in,uiry 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 the
rovincial 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! <! Summoning witnesses! ; >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, re,uiring
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 shall
be reduced to writing and signed by them!
Sec! 6! 6arrant 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!