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But equally true is the fact that both the and Constitutions expressly delegated to the Ho Court the rule-making authority — the power to promulgate rules of pleading, practice and procedure and to amend the existing laws thereon.

In cases triable only in the Court nno First instance the defendant shall not be entitled as of right to a preliminary examination in any case where the fiscal of the city, after a due investigation of the facts, shall have presented an information against him ho proper form. 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. Provided, That the court first lawfully taking cognizance thereof shall have jurisdiction of the same to the exclusion of all other courts in the Philippines, and h Said court and their judges, or any of them, shall have the power to pey writ of injunction, mandamus, certiorariprohibition, quo warranto and habeas corpus in their respective provinces districts, in the manner provided in the Rules of Court.

Except for the Solicitor General who appeared for The People of the Philippines, respondents in answer, frontally met the averments of petitioner. Unless inconsistent with the provision of this Act, the Circuit Criminal Courts shall have the same powers as those conferred by the Judiciary On and the Rules of Court upon regular Courts of First Instance, insofar as may be necessary to carry their jurisdiction into effect.

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But, as if to make it more patent that it is better that the investigation undertaken by another authority, Presidential Decree amended the above provision as follows: Besides, why did not Republic Act which was approved on the same day as Republic Actmention preliminary investigation by Circuit Ho Courts, just as the other later law, Republic Actcited in the main opinion expressly treated and referred to said courts separately from the Courts of First Instance and Domestic Relations Courts, if really Congress intended to confer the power in issue on them?

Unless the Constitution is amended, the judge cannot be divested of such a power, which is an essential element of 227037 cardinal right of an individual against unreasonable searches and seizures. I 72037 not see it that way.

The reference to Republic Act is even more revealing of the insistence of the majority to cling to any drifting straw in their effort to prove their point. Of course, I am not overlooking the fact that seemingly what the main opinion contends lley be constitutionally based is the power of judges to issue warrants of arrest, which corresponds only to the first stage of the prosecution known as preliminary examination, and for this reason, it is maintained the purported ruling can stand together with the Marcos and Hashim doctrines which relate to pey second stage known as the preliminary investigation.


Respondent Judge assumed jurisdiction to conduct and did conduct the preliminary investigation, and on July 6,issued the challenged order, dismissing “the case with prejudice and ordering the return to private respondent the amount of P2, The determination of this “probable cause” is the sole object of preliminary examination and investigation by Sections 13 and 14 Rule of the Revised Rules of Court.

The mention of “the preliminary investigation being conducted by a judge” in the above provision contemplates, to my mind, not the judges of the courts specified therein, but the proper municipal judges, bearing in mind the considerations already discussed above relative to the tendency of the every new law to remove from superior courts the power to conduct preliminary investigations.

Santos, is hereby ordered to lye the preliminary investigation of the above-entitled case within five 5 days from receipt hereof and to file the necessary information in a court of competent jurisdiction if the evidence so warrants. Sutherland Statutory Construction, Vol. Lej General Order, or the Code of Criminal Procedure, now provides that the judge, before issuing a search warrant, must examine the complainant and his witnesses and that he must take their depositions in writing.

And so, I can give my assent to the judgment in these cases without my having to sacrifice my conviction regarding the question of statutory construction herein involved, which I am explaining in this separate opinion.

I would dissociate myself from such a view.


The primary purpose of the creation of the Circuit Criminal Courts in addition to the existing Courts of First Instance, is to mitigate the case load of the Courts of First Instance, as well as 27073 expedite the disposition of criminal cases involving serious offenses specified in Section 1 of Republic Actas amended.

The basic source of the power of the Courts of First Instance to conduct preliminary examination or investigation from May 14, to January 17,is paragraph 3 of Section 1 of Article III of the Constitution, which guarantees “the right of the people to be secure in their persons.

Neither the judge nor the law can delegate such an authority to another public officer without trenching upon this constitutional guarantee against unreasonable searches and seizures.

Simpson oey, 8F [2d] Webb v. The main opinion points to certain legislations subsequent to which it contends constitute recognition on the part of Congress of the continued authority of Courts of First Instance to conduct preliminary investigations, such as, the Dangerous Drugs Act of or Republic Actand Republic Act governing preliminary investigations by fiscals.

And this Court has been very restrictive in construing this particular grant of jurisdiction. The proviso of Section 5 thereof expressly provides that the preliminary investigation of offenses defined and penalized therein by prision mayor to death shall be conducted by the proper Court of First Instance.

Ley Nº 27406 – Modifica la Ley Nº 27037, Ley de promoción de la inversión en la Amazonía.

But the Constitution empowers the National to grant the power to issue search warrants or warrants of arrest after conducting the necessary preliminary examination to “other responsible officer.


The jurisdiction herein conferred may be exercised by the Court of First Instance in any province into which the ship or watercraft upon which the crime or offense was committed shall come after the commission thereof: Surely, Congress could not have possibly intended to deny the Circuit Criminal Courts such constitutional prerogative, which is part of the basic constitutional right of an individual whose person cannot be legally seized without prior preliminary examination by a judge.

Its authority to conduct preliminary examination and investigation granted under Section 6 of Republic Act No.

While the Provisional Law on Criminal Procedure provided for a preliminary summary oral trial by the justice of the peace or gobernadorcillo, it did not require any preliminary examination or investigation before trial.

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I do not mind saying that whenever I want to be comprehensive in my study of constitutional issues, I always find his views illuminating. Quite to the contrary, my reading of the history of the law on preliminary investigations in this jurisdiction indicates that this Court has been consistently holding that the right to a preliminary investigation is not a constitutional right, at least in so far as the so-called second stage thereof is concerned.

Hence, this petition for certiorari with preliminary injunction, seeking to annul and set aside the order dated July 6, on the ground that respondent Judge has no power to conduct a preliminary investigation of criminal complaints directly filed with him, cannot legally order the dismissal “with prejudice” of a criminal case after conducting a preliminary investigation thereon, and is without authority to order the return of articles subject of seizure proceedings before Customs authorities.

The failure to add a specific repealing clause indicates that the intent was not to repeal any existing law Crawford Construction of Statue, ed. In his answer filed on March 14,respondent Judge, invoking the same arguments in G. Private respondent, on the other hand, through the Citizens Legal Assistance Office of the Department of Justice, filed his answer on February 20,maintaining that respondent Judge has jurisdiction to conduct preliminary investigation, invoking particularly Section 13, Rule of the Revised Rules of Court in relation to Sections 1, 3 and 6 of Republic Act No.

Bajo mi enmienda, un juez puede expedir un mandamiento de registro sino solo despues de haber examinado al denunciante y a sus testigos bajo juramento. The complaint was ultimately docketed and on the same day February 22,respondent Judge forthwith issued an order of the following tenor: The records of the case, moreover, reveal that a report seizure p.

Parace ser que la diferencia es grande. It was the prevailing opinion among many delegates that some courts had been rather easy in the issuance of orders of arrest or search warrants, and quite strict in the matter of bail in cases where persons had been charged with capital offenses” Cuaderno, the Framing of the Philippine Constitution, p.