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Pol Law Reps

Pol Law Reps

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Published by sejboy
case digest
case digest

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Published by: sejboy on Jan 22, 2011
Copyright:Attribution Non-commercial

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05/09/2014

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MAYOR BAI UNGGIE D. ABDULA and ODINABDULA,
petitioners,vs.
HON. JAPAL M. GUIANI, in his capacity asPresiding Judge, of Branch 14 of the Regional TrialCourt of CotabatoCity,
respondent.Gonzaga-Reyes, J.
 
FACTS:A c
omplaint for murder was filed before the
C
riminal Investigation
S
ervi
c
e
C
ommand,
A
RMM Regional Offi
c
e XII against herein petitioners and six (6) otherpersons in
c
onne
c
tion with the death of a
c
ertain
A
 bdul Dimalen, the former
C
OMELE
C
Registrar of Kabuntalan,Maguindanao.Provin
c
ial Prose
c
utor of Maguindanao,
S
ali
ck U
. Panda, dismissed the
c
harges of murder against herein petitioners and five other respondents on a findingthat there was no
prima facie
c
ase for murder against them. Prose
c
utor Panda, however,re
c
ommended the filing of an information for murder against one of the respondents, a
c
ertain Kasan Mama.Respondent Judge ordered that the
c
ase be returned to the Provin
c
ialProse
c
utor for further investigation. He noted that although there were eightrespondents in the murder
c
ase, the information filed with the
c
ourt "
c
harged onlyone of the eight respondents in the name of Kasan Mama without the ne
c
essaryresolution required under
S
e
c
tion 4, Rule 112 of the Revised Rules of 
C
ourt to showhow the investigating prose
c
utor arrived at su
c
h a
c
on
c
lusion."
A
s su
c
h, the respondent judge reasons,the trial
c
ourt
c
annot issue the warrant of arrest against Kasan Mama.
 
U
pon the return of the re
c
ords of the
c
ase to the Offi
c
e of the Provin
c
ialProse
c
utor for Maguindanao, it was assigned to 2nd
A
ssistant Prose
c
utor Eno
k T
.Dimaraw for further investigation. In addition to the eviden
c
e presented during theinitial investigation of the murder
c
harge, two new affidavits of witnesses weresubmitted to support the
c
harge of murder against herein petitioners and the otherrespondents in the murder
c
omplaint.
T
hus, Prose
c
utor Dimaraw treated the sameas a refiling of the murder
c
harge and pursuant to law, issued
sub
 poena
to therespondents named therein.Prose
c
utor Dimaraw found a
prima facie
c
ase for murder against hereinpetitioners and three (3) other respondents.
8
He thus re
c
ommended the filing of 
c
harges against herein petitioners Bai
U
nggie
A
 bdula and Odin
A
 bdula, as prin
c
ipals by indu
c
ement,and against the three (3) others,as prin
c
ipals by dire
c
t parti
c
ipation.On 2 January 1995, an information for murder dated 28 De
c
ember 1994was filed against the petitioner spouses and Kasan Mama,
C
uen
c
o
U
sman and JunMama before Bran
c
h 14 of the Regional
T
rial
C
ourt of 
C
otabato
C
ity, then the salaof respondent judge.
T
he following day, or on 3 January 1995, the respondent judge issued awarrant for the arrest of petitioners.

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