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A2010 Criminal Procedure Digests

A2010 Criminal Procedure Digests

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Published by cmv mendoza
A2010 legendary digests ^_^ from the work, effort, and money (from fines) of Class A2010. Go go go!
A2010 legendary digests ^_^ from the work, effort, and money (from fines) of Class A2010. Go go go!

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Published by: cmv mendoza on May 05, 2010
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07/05/2015

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77 SCRA 377
FERNANDO; June 20, 1977

NATURE

Original petitions in the Supreme Court, certiorari
with preliminary injunction

FACTS

- Judge Villanueva of Dagupan refused to grant the
motions to quash two complaints for oral defamation
against Callanta.
- Callanta’s counsel argued that there was an issue
with regard to the validity of Villanueva’s issuance of
the warrants of arrest on the ground that it should
have been the City Fiscal who conducted the
preliminary investigation.
- After the warrants were issued (with bail pegged at
P600), Callanta posted the required bail bonds and
was granted her provisional liberty.
- The City Fiscal had manifested his intent to
prosecute the case.
- February 25, 1965 – After the Court had conducted
preliminary investigation and had acquired
jurisdiction over the case, the Court referred the case
to the Fiscal.
- March 4, 1965 – The arraignment was postponed
because the Fiscal was still doing his investigation.
- In the proceedings of April 20, 1965, the Fiscal
entered his appearance for the government and
manifested that he was ready for trial.

ISSUE

WON Callanta can contest the validity of his arrest

HELD

NO
Ratio Posting of a bail bond constitutes waiver of
any irregularity attending the arrest of a person and
estops him from discussing the validity of his arrest.

Reasoning

- In the case of Luna vs. Plaza, the Court held that
where petitioner has filed an application for bail and
waived the preliminary investigation proper, he
waived his objection to whatever defect, if any, in the
preliminary examination conducted, prior to the
issuance of a warrant of arrest.

Criminal Procedure a2010 page 78 Prof.
Rowena Daroy Morales

- This doctrine has been upheld in a number of cases
including People vs. Olandar, Zacarias vs. Cruz,
Bermejo vs. Barrios, People vs. La Caste, Manzano vs
Villa and People vs. Obngayan which stated that
where the accused has filed bail and waived the
preliminary investigation proper, he has waived
whatever defect, if any, in the preliminary
examination conducted prior to the issuance of the
warrant of arrest.
- The city fiscal had been quite active in the
investigation and in the prosecution of the accused.
It was he who manifested his readiness to appear in
the trial.

Obiter

- With regard to the issue of whether or not the only
person vested with authority to conduct a
preliminary investigation is the city fiscal, the Charter
of the City of Dagupan provides that “the City Court
of Dagupan City may also conduct preliminary
investigation for for any offense, without regard to
the limits of punishment and may release or commit
any person charged with such offense to secure his
appearance before the proper court.
Dispositive WHEREFORE, these petitions for
certiorari are dismissed. The restraining order issued
by this Court is lifted and set aside. Costs against
petitioner.

SEPARATE OPINION

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