Escribano v.

Avila
Case No. 101
G.R. No. L-30375 (September 1! 1"7#$

AQUINO, J.:
%AC&S'
Congressman SalipadaPendatun of Cotobato, filed a complaint for libel against Mayor Jose Escribano of
Tacurong before the Court of First Instance (no the !TC" to Judge #a$id %$ila& Escribano 'uestioned
Judge %$ila(s authority to conduct the preliminary in$estigation of the offense& )e contended that the city
fiscal of Cotobato is the only one empoered to conduct the preliminary in$estigation, pursuant of !%
*+,+ and %rt& +,- of the !PC hich does not empoer the Court of First Issuance to conduct preliminary
in$estigations of ritten defamations due to an amendment made for %rt +,-&
(SS)E'
.hether the Court of First Issuance is in$ested ith the authority to conduct the preliminary in$estigation
of the crime of libel or hether that poer is lodged e/clusi$ely in the city attorney of that city&
*EL+'
0es& The Court of First Issuance may conduct preliminary in$estigations because this poer is not lodged
e/clusi$ely in the city attorney& The enumeration in the la of the public officers and the courts that may
conduct preliminary in$estigations as designed to di$est the ordinary municipal court of that poer but
not to depri$e the Court of First Instance of that same poer& The poer of the CFT to conduct a
preliminary in$estigation is deri$ed from the constitutional grant of poer for a 1udge to hold a
preliminary e/amination and to issue arrants of arrest and search arrants& .hat is important to
remember is that preliminary in$estigations by the CFT is the e/ception to the rule and not the general
rule&