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    Placer Vs Villa-WPS Office

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    melbertgutzby vivas
    This document summarizes a Supreme Court case regarding a judge requiring prosecutors to submit supporting affidavits and evidence before issuing arrest warrants based on criminal charges. The Court held that: 1) A judge is not obligated to issue an arrest warrant simply because a prosecutor certified that probable cause exists. 2) A judge may compel prosecutors to submit the affidavits and evidence presented during the preliminary investigation in order to aid the judge in determining whether probable cause exists to issue an arrest warrant. 3) Issuing an arrest warrant involves judicial discretion, and judges must satisfy themselves that probable cause exists based on the facts of the case before issuing a warrant.

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    Placer Vs Villa-WPS Office

    Uploaded by

    melbertgutzby vivas
    24 views2 pages
    This document summarizes a Supreme Court case regarding a judge requiring prosecutors to submit supporting affidavits and evidence before issuing arrest warrants based on criminal charges. The Court held that: 1) A judge is not obligated to issue an arrest warrant simply because a prosecutor certified that probable cause exists. 2) A judge may compel prosecutors to submit the affidavits and evidence presented during the preliminary investigation in order to aid the judge in determining whether probable cause exists to issue an arrest warrant. 3) Issuing an arrest warrant involves judicial discretion, and judges must satisfy themselves that probable cause exists based on the facts of the case before issuing a warrant.

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    This document summarizes a Supreme Court case regarding a judge requiring prosecutors to submit supporting affidavits and evidence before issuing arrest warrants based on criminal charges. The Court held that: 1) A judge is not obligated to issue an arrest warrant simply because a prosecutor certified that probable cause exists. 2) A judge may compel prosecutors to submit the affidavits and evidence presented during the preliminary investigation in order to aid the judge in determining whether probable cause exists to issue an arrest warrant. 3) Issuing an arrest warrant involves judicial discretion, and judges must satisfy themselves that probable cause exists based on the facts of the case before issuing a warrant.

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    24 views2 pages

    Placer Vs Villa-WPS Office

    Uploaded by

    melbertgutzby vivas
    This document summarizes a Supreme Court case regarding a judge requiring prosecutors to submit supporting affidavits and evidence before issuing arrest warrants based on criminal charges. The Court held that: 1) A judge is not obligated to issue an arrest warrant simply because a prosecutor certified that probable cause exists. 2) A judge may compel prosecutors to submit the affidavits and evidence presented during the preliminary investigation in order to aid the judge in determining whether probable cause exists to issue an arrest warrant. 3) Issuing an arrest warrant involves judicial discretion, and judges must satisfy themselves that probable cause exists based on the facts of the case before issuing a warrant.

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    of 2

    Placer vs Villanueva

    G.R. Nos. 60349-62, December 29, 1983

    Facts: Following receipt of informations from petitioners that probable cause has been established
    which necessitates the issuance of warrants of arrest, respondent judge issued an order the hearing of
    said criminal cases for the purpose of determining the propriety of issuing the corresponding warrants
    of arrest. After said hearing, respondent issued the questioned orders requiring petitioners to submit to
    the court the affidavits of the prosecution witnesses and other documentary evidence in support of the
    informations to aid him in the exercise of his power of judicial review of the findings of probable cause
    by petitioners

    Petitioners contended that under P.D. Nos. 77 and 911, they are authorized to determine the existence
    of a probable cause in a preliminary examination/investigation, and that their findings as to the
    existence thereof constitute sufficient basis for the issuance of warrants of arrest by the court.

    Issues: Whether the certification of the investigating fiscal in the information as to the existence of
    probable cause obligates respondent City Judge to issue a warrant of arrest.

    Whether or not the respondent city judge may, for the purpose of issuing a warrant of arrest, compel
    the fiscal to submit to the court the supporting affidavits and other documentary evidence presented
    during the preliminary investigation.

    Held: 1. No. 2. Yes.

    The issuance of a warrant is not a mere ministerial function; it calls for the exercise of judicial discretion
    on the part of the issuing magistrate. This is clear from the following provisions of Section 6, Rule 112 of
    the Rules of Court:

    “Warrant of arrest, when issued. – If the judge be satisfied from the preliminary examination conducted
    by him or by the investigating officer that the offense complained 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.”

    Under this section, the judge must satisfy himself of the existence of probable cause before issuing a
    warrant or order of arrest. If on the face of the information the judge finds no probable cause, he may
    disregard the fiscal’s certification and require the submission of the affidavits of witnesses to aid him in
    arriving at a conclusion as to the existence of a probable cause. This has been the rule since U.S. vs.
    Ocampo and Amarga vs. Abbas. And this evidently is the reason for the issuance by respondent of the
    questioned orders of April 13, 15, 16, 19, 1982 and July 13, 1982. Without the affidavits of the
    prosecution witnesses and other evidence which, as a matter of long-standing practice had been
    attached to the informations filed in his sala, respondent found the informations inadequate bases for
    the determination of probable cause. For as the ensuing events would show, after petitioners had
    submitted the required affidavits, respondent wasted no time in issuing the warrants of arrest in the
    cases where he was satisfied that probable cause existed.

    The obvious purpose of requiring the submission of affidavits of the complainant and of his witnesses is
    to enable the court to determine whether to dismiss the case outright or to require further proceedings.

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