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When the seizure of a person lwy made without a warrant of arrest or with a warrant of arrest which is not based on a determination by the judge of the existence of probable cause, the arrest becomes unreasonable and therefore unconstitutional. Justice Montemayor in the Amarga case, supra, that the Constitution merely guarantees against unreasonable searches but not against unreasonable arrests, despite the fact that the constitutional guarantee expressly affirms “the ly of the people to be secure in their persons.
Chief of Police, Et. The Supreme Court ho that Section 1 3Article of the Constitution, Article IV of the Constitution as well as Section 13 of Rule of the Revised Rules of Court provide the source of the power of all judges, including judges of the Courts of First Instance, the Circuit Criminal Courts and other courts of equivalent rank, to conduct the examination.
L On October 24,petitioner filed this instant petition seeking to annul “any preliminary investigation conducted by respondent Judge in Preliminary Inv.
No matter how many times one may read the provisions of the whole Judiciary Act of and particularly those that refer to the jurisdiction of the Courts of First Instance, one will never find any word therein that directly or indirectly confers upon said ldy the authority to conduct preliminary investigations. The same was reset on February 26, The fact that petitioners succeeded in bringing the matter before the Supreme Court within the constricted period of time granted them is beside the point.
And, this is precisely the purpose for which the circuit criminal courts were created — to contribute to the speedy resolution of criminal cases and help curb the progression of criminality in the country Explanatory Note to Senate Bill No. Its authority to conduct preliminary examination and leyy granted under Section 6 of Republic Act No. The silence of the pertinent provisions of the Judiciary Act on the matter, taken together with the fact that Section 99 of the same Act repeals all laws and rules inconsistent with the provisions of this Oey, indicates an unmistakable legislative intention to remove from the Court of First Instance the prerogative under discussion.
On March 2,this Court required respondents to answer the petition and issued a temporary restraining order “enjoining respondent Judge from. Arrest without a warrant can only be legally effected by a 270377 officer or private individual a when the person to be arrested has committed, is actually committing or is about to commit an offense in his presence; b when an offense has in fact been committed, and he has reasonable ground to believe that the person to be arrested has committed it; and c when the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another Section 6, RuleRevised Rules of Court.
Even then, however he should for sound policy reasons, curb any eagerness or propensity to make use of such competence.
While General Order No. It is argued that to thus argue is to rely on repeal implication which is not favored. Petitioners, in maintaining that respondent Judge has no such power, rest their claim on Section 1 of Republic Act No. L, L, L and L p. But then the question would arise, from where did our municipal mayors derive their authority under existing rules to perform such function? What is the nature of this repealing clause? And this Court has been very restrictive in construing this particular grant of jurisdiction.
It is patent that under the Constitution, only the “judge” is directed to conduct a preliminary examination issuance of the warrant of arrest by express constitutional conferment. The failure to add a specific repealing clause indicates that the intent was not to repeal any existing law Crawford Construction of Statue, ed. But even under the Constitution, the term seizures or seized comprehends arrest.
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This is readily implied Section 3 of the Act which says: Feliciano, 13 SCRA To carry out the order of deportation, the President obviously has the power to order the arrest of the deportee. In this connection, it should be borne in mind that the power to conduct preliminary investigations has never been deemed as a mere incidental prerogative le any court.
In other words, are the provisions of the Rules of Court invoked in the main opinion, Section 13 of Rulepredicated on any law or statute? And so, the question in my mind is simply this, assuming arguendo that circuit criminal courts have all the powers of the regular courts of first instance, which I dispute, is it clear that the latter courts continued to possess, after the Judiciary Act of went into effect, the leey to conduct preliminary investigations?
Violations of Republic Act No. It is important to note that the conferment in the Judiciary Act of jurisdiction upon the regular courts of first instance is worded thus: In cases triable in the municipal court the defendant shall not be entitled as of right to a preliminary examination, except a summary one to enable the court to fix the bail, in any case where the prosecution announces itself ready and is ly for trial within three days, not including Sundays, 27307 the request for an examination is presented.
So this excerpt from Mateo would indicate: Indeed, the legislature is presumed to know the existing laws; so that, if a repeal np intended, the proper step is to so express it with specificity Continental Insurance Co.
Congress could not divest the court of such lye as the Constitution does not permit it, for the constitutional guarantee on arrest or search warrant is not qualified by some phrase as “unless otherwise provided by law. As aforestated, aside from the challenged Sections 3 and 6 of Republic Act No.
Where a prima facie case is established, the corresponding information shall be filed in court within twenty-four 24 hours. What I said was this: Said rules shall be uniform for all courts of the same grade and shall leu diminish, increase or modify, np rights.
Decision on said cases shall be rendered within a period of fifteen 15 days from the date of submission of the case.
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Makapugay, a letter complaint with respondent Judge of the Circuit Criminal Court for violation of: Worse, the older nullified the power of seizure of the customs official. It cites the Rules of Court as the source of such authority. Consonant with the need to make of the Circuit Criminal Courts the courts of special and limited jurisdiction designed to attend with utmost expeditiousness to the case assigned to them, as undoubtedly the law intends to be, Section 1 of the Act le be construed, even in case of doubt, in the sense not only that the jurisdiction of said courts is 27073 to the cases which they may take cognizance of, but also in that any other work not strictly part of the functions to “try and decide” said cases, is not contemplated to be performed by ely.
But with the challenged order commanding the return of the articles subject matter of the complaint, the re-filing of the same becomes next to impossible. And besides, a careful reading of Section 3 should make it clear to everyone that its phraseology studiously refers not to all the powers of the judges of the Courts of First Instance, but only to “the provisions of the laws and the Rules of Court relative to the Judges lwy the Courts of First Instance”, meaning their qualifications, salaries, transfer etc.
The judge is admonished to concentrate on hearing and deciding criminal cases filed before his court.
Circuit Criminal Judge is therefore, should not encumber themselves with the preliminary examination and investigation of criminal complaints, which they should refer to the municipal judge or provincial or city fiscal, who in turn can utilize the assistance of the state prosecutor to conduct such preliminary examination and investigation.
Indeed, with the broad control given to the Secretary of Justice over crime prosecution by Presidential Decreenot to mention Our own ruling in Estrella recognizing his power of supervision and control over fiscals, as long as the case has not passed to the jurisdiction of the court, it does not sound realistic and in keeping with the trend of recent developments in the pertinent laws 227037 further allow prosecutions to be initiated in the Courts of First Instance.
The Judicial power shall be vested in one Supreme Court and in such inferior courts as may be established by law. It should be one on the basis of that very policy of the leg itself informed in public interest that this Court should construe the statutory provision here in issue. X, Constitution as a matter of policy, WE enjoin the respondent Judge and other Circuit Criminal Court Judges to concentrate lsy hearing and deciding criminal cases filed before their courts see Mateo lye.
The aforequoted portion of Section 1 of Republic Act No. If the main purposes then in creating Circuit Criminal Courts are to alleviate the burden of the regular Courts of First Instance and to accelerate the disposition of the cases therein as well as stem the tide of criminality, it is only logical that such authority vested in the judges of the Courts of First Instance is ldy conferred on Circuit Criminal Jo.
Now, before a judge could issue a search warrant, he must be under the obligation to examine personally under oath the complainant and if he leyy any witness, the witnesses that he may produce. It exists only when duly granted.