Case Digest: Abdula vs. Guiani, G.R. No. 11882. February 18, 2000

  Unreasonable Search and Seizures | Constitutional Law


Facts:

In 1994, a murder complaint was filed against the petitioners and six other people regarding the death of a former COMELEC Registrar. The Provincial Prosecutor dismissed the charges of murder against the petitioners and five other respondents but recommended the filing of an information for murder against one respondent, Kasan Mama. The judge ordered that the case be returned to the Provincial Prosecutor for further investigation, and 2nd Assistant Prosecutor Enok T. Dimaraw found a prima facie case for murder against petitioners and three other respondents. An information for murder was filed against the petitioners and three others, and a warrant for their arrest was issued by the respondent judge.


Issue:

WoN the warrant of arrest issued by respondent judge by virtue of the said information is legal.


Held:

A judge fails in this constitutionally mandated duty if he relies merely on the certification or report of the investigating officer. The circumstances thus require that respondent look beyond the bare certification of the investigating prosecutor and examine the documents supporting the prosecutor's determination of probable cause. The inordinate haste that attended the issuance of the warrant of arrest and respondent's own admission are circumstances that tend to belie any pretense of the fulfillment of this duty.

Clearly, respondent judge, by merely stating that he had no reason to doubt the validity of the certification made by the investigating prosecutor has abdicated his duty under the Constitution to determine on his own the issue of probable cause before issuing a warrant of arrest. Consequently, the warrant of arrest should be declared null and void.


Recit Version

Facts:

In 1994, a murder complaint was filed against the petitioners and six other people regarding the death of a former COMELEC Registrar. The Provincial Prosecutor dismissed the charges of murder against the petitioners and five other respondents but recommended the filing of an information for murder against one respondent, Kasan Mama. The judge ordered that the case be returned to the Provincial Prosecutor for further investigation, and 2nd Assistant Prosecutor Enok T. Dimaraw found a prima facie case for murder against petitioners and three other respondents. An information for murder was filed against the petitioners and three others, and a warrant for their arrest was issued by the respondent judge.


Issue:

WoN the warrant of arrest issued by respondent judge by virtue of the said information is legal.


Held:

The judge has a constitutionally mandated duty to determine probable cause for the issuance of warrants of arrest and cannot rely solely on the certification or report of the investigating officer. The judge must examine the documents supporting the prosecutor's determination of probable cause. The inordinate haste in issuing the warrant and the judge's admission show a failure to fulfill this duty. Therefore, the warrant of arrest is null and void.

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