Collector of Customs vs.

Villaluz

(Case Digest)

FACTS:

In the years 1971 to 1973, six separate cases were filed with the respondent Judge of the Circuit Criminal Court. In the six cases, 2 were filed in violation of
Section 3602 of R.A 1937 by not declaring all the objects found in their baggage in the Baggage Declaration Entry (GR Nos. 34038 and 34243), 1 was in violation
of the Anti-Graft Law (GR No. 36376), 2 were in violation of R.A. 3019 or commonly known as Anti-Graft and Corrupt Practices Act (38688 and 39625), and 1 was
for estafa (40031). In these six cases, the Judge of Circuit Criminal Court conducted preliminary examination and investigation. “Petitions for certiorari with
preliminary injunction” were filed, “impugning the order of the Judge on the ground that the Judge has no power to conduct a preliminary investigation.” The
Judge argued that Circuit Criminal Courts have the power and authority to conduct preliminary examinations and investigations.

However, in the first case, which was filed by Customes against Makapugay, the respondent Judge dismissed “the case with prejudice and ordering the return of
the amount of P2,280.00, his passport, one box of air-conditioning evaporator only, as well as the forfeiture of forty cartons of untaxed blue seal Salem cigarettes
and five bottles of Johnny Walker Scotch Whiskey.”

ISSUE:

Does the Circuit Criminal Court possess the power and authority to conduct preliminary examinations and investigations?

RULING:

Yes. The Circuit Criminal Court can conduct preliminary examinations and investigation. SC stated the main purposes of creating the Circuit Criminal Court which
are to “alleviate the burden of the Court of First Instance and to accelerate the disposition of cases”, so it is only logical that the authority of the judges of the
First Instance is likewise conferred to the judges of the Circuit Criminal Court. Moreover, the power and the authority of the judges of the Circuit Criminal Court
to conduct preliminary investigation is confirmed in R.A. 6425, Section 39 “which confers the Court of First Instance, circuit Criminal Courts and Juvenile
Domestic Relations Courts concurrent original jurisdiction over all offenses punishable thereunder…” Lastly, aside from the purposes of the creation of the
Criminal Circuit Court, it is also the duty within the scope of the office (Section 3, Art. 3, 1935 Constitution; Section 3, Art. 4, 1973 Constitution), “..to conduct the
examination to determine probable cause before the issuance of the warrant of arrest..” Included the clause “to determine probable cause” is the preliminary
examination and investigation.

Therefore, the SC ruled that the petitions and the writs of preliminary injunction and/or restraining orders are dismissed and lifted, and in the order of the Judge
to dismiss the criminal case with prejudice and the return of the of the articles seized by the Customs