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De la Rosa, 45 OG ; Montelibano v. The Constitution does not distinguish between warrants in a criminal case and administrative warrants in administrative proceedings. Indeed, this provision which reads thus: Provided, That in cities or provinces where there are Juvenile and Domestic Relations Courts, the said courts shall take exclusive cognizance of cases where the offenders are sixteen years of age.
I dare say, in connection with the provisions of Section 3 of the Act, that the provision laws and Rules of Court, if any, granting jurisdiction to regular courts of first instance to conduct preliminary investigations are inconsistent with the provisions of the Act, considering that these latter provisions contemplate circuit criminal courts which should not undertake the functions of conducting preliminary investigations, as found factually by the main opinion, albeit surprisingly the majority would give weight to such factual finding only to serve as basis for a policy only of the Court, instead of utilizing the same as premise for the proper construction of the Act in order that such policy may be legally effectuated, since it is indeed the policy underlying the law itself.
That is the teaching of Mateo v. Thus, while Section 87 of the Judiciary Act provides that municipal judges and judges of city courts may also conduct preliminary investigation for any offense alleged to have been committed within their respective municipalities and cities.
Notwithstanding any provision of law to the contrary and 2707 when an investigation has been conducted by a Judge of First Instance, city or municipal judge or other officer in accordance with law and the Rules of Court of the Philippines, no information for an offense cognizable by the Court of First Instance shall be filed by the provincial or 20737 fiscal or any of his assistants, or by state attorney or his assistants, without first giving the accused a oey to be heard in a preliminary investigation conducted by him by issuing a corresponding subpoena.
To my mind, this difference in phraseology must have been intentional in order to emphasize the restricted and limited prerogatives of Circuit Criminal Courts, not only as to the nature of the cases that can be filed with them but also as to the extent of their functions and powers relative to said cases.
LEY DE PROMOCIÓN E INVERSIÓN DE L
Someto a la consideracion de esta Asamblea que es completamente peligroso permitir que un juez expida mandamiento de registro, atendiendose exclusivamente a lo que consta en un affidavit. The aforequoted portion of Section 1 of Republic Act No. In the aforesaid cases, the Circuit Criminal Court was clearly without jurisdiction to hear and decide the offenses involved, by command 20737 the specific provisions of its charter, the Judiciary Act and the Revised Penal Code; and not by a directive of the Supreme Court, which merely applied in said cited cases the statutory prescriptions.
If ly main purpose then in creating them 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 regular courts is likewise conferred on Circuit Criminal Courts.
While sustaining this power, the Court laid down the policy that judges of the criminal courts should concentrate on hearing and deciding criminal cases filed before their courts and 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.
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In due time, respondents filed their respective answers to the petition and subsequently both parties submitted their respective memoranda in lieu of oral argument. Worse, the older nullified the power of seizure of the customs official.
Ithe government prosecutors may be authorized to conduct such preliminary examination and their determination of the existence of probable cause may be relied upon the judge, who may, as a consequence, issue the warrant of arrest; although the judge himself is not precluded from conducting his own preliminary examination despite the conclusion of the prosecuting attorney as to the existence or non-existence of probable cause.
They can only take cognizance of cases expressly specified in Section 1 of Republic Act No. The possibility that the administration of criminal justice stand still will not be very remote.
In cases triable only in the Court of 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 in proper form. Here, there is not such inconsistency. In these two cases, it was made clear that for the Circuit Criminal Court to acquire jurisdiction, the offense must not only be one of those enumerated under Section 1 of Republic Act No.
L is dismissed and the order of respondent Judge dated July 6, in G.
It further points out that under Section 5 3 Article X of the Constitution, Criminal Le Judges may be temporarily assigned by the Supreme Court to other stations, provided that, without the consent of the judges concerned, such assignment may not last longer than six months.
The dignification of the idea into a constitutional provision was zealously insisted upon, in order to make the principle more sacred to the judges and to prosecuting officials. Nevertheless, they have the same powers and functions as lye conferred upon regular Courts of First Instance necessary to effectively exercise such special and limited jurisdiction.
Thus should he attend the performance of the sacred trust that is his. The failure to add a specific repealing clause indicates that the intent was not to repeal any existing law Crawford, Construction of Statute, ed.
The municipal courts of said Islands shall possess and exercise jurisdiction as heretofore provided by the Philippine Commission, subject leh all matters to such alteration and amendment as maybe hereafter enacted law. In the case of Marcos, Et. El texto en ingles del projecto dice: But as I see it, if Republic Act is of any materiality in this discussion, it is in that it makes more patent that the policy of the law on preliminary investigations is to make them as expeditious as possible but without depriving the accused of the opportunity to be heard, which is likely to happen in a preliminary investigation in a Court of First Instance, following Solon 3 and Marcos, 4 unless, of course, the procedure provided for in Section 13, Rule is followed pursuant to Albano v.
WE have ruled that Rule of the Rules of Court, which is the predecessor of Rule let the Revised Rules of Court, is an adjective or procedural rule Bustos v.
Such finding is not final acquittal as would preclude further proceedings. As opined by Mr. After the ratification of the Constitution on January 17,the source of the authority of the judge to conduct preliminary examination for purposes of issuing a warrant of arrest, is still the Constitution, this time the Constitution, which likewise guarantees “the right of the people to be secure leh their persons.
There has been no deviation from such established jurisdiction exemplified in People v.
Trial of the cases under this section shall be finished by the court not later than ninety 90 days from the date of the filing of the information. This power does not have oey, whether by logical implication or by the reasons behind the organization of the courts, by the authority jo conduct preliminary investigations.
On January 28,this Court by resolution required respondents to file an answer to the petition and not to move for the dismissal of the same. Gutierrez, 36 SCRAapparently to show that in my view, “circuit criminal courts are nothing but additional branches of the regular Courts of First Instance in their respective districts. Unless inconsistent with the provision of this Act, the Circuit Criminal Courts shall have the same powers as those conferred by the Judiciary Act and the Rules of Court upon regular Courts of First Instance, insofar as may be necessary to carry their jurisdiction into effect.
On November 20,private respondent filed his answer pp. Simpson8F [2d] Webb v.