Friday, 26 October 2012

MAYOR BAI UNGGIE vs HON JAPAL GUIANI


MAYOR BAI UNGGIE vs HON JAPAL GUIANI
[G.R. No. 118821. February 18, 2000]

SC’s Full Text link: http://sc.judiciary.gov.ph/jurisprudence/2000/feb2000/118821.html

FACTS:
A complaint for murder was filed before the Criminal Investigation service command, ARMM Region, in connection with the death of Abdul Dimalen, the former COMELEC registrar of Maguindanao. Provincial prosecutor Salick Pandain a Resolution dismissed the charges of murder against herein petitioners and recommended filing of information for murder against one of the respondents, Kasan Mama. Respondent Judge ordered for further investigation. Upon return of the records of the case it was assigned to Second assistant Prosecutor Enok T. Dimaraw for further investigation. Prosecutor Dimaraw, found a Prima Facie evidence, thus, recommended filing the charges against Bai Unggie Abdula  and Odin Abdula.

ISSUES:
1.     Whether the Second Information for murder filed is valid?
2.     Validity of the Warrant of Arrest issued against petitioners.

HELD:
Petition for Certiorari and Prohibition are Granted.

RATIONALE:
In order to disqualify a Judge on the basis of Prejudice, petitioner must prove the same by clear and convincing evidence.

Rules of Court: No complaint or information shall be filed or dismissed by an investigating Fiscal without the prior written authority or approval of the Provincial or City Fiscal or Chief of State Prosecutor. A complaint or information can only be filed if it is approved or authorized by the Provincial or City Fiscal or Chief of State Prosecutor.

Soliven vs Makasiar, In satisfying himself of the existence of probable cause, the Judge is not required to personally examine the complainant and his witnesses.

Ho vs People, In the case at bench, respondent admits that the issued Warrant is questionable as there was no “reason for him to doubt the validity of the Certification made by the Assistant Prosecutor that a Preliminary Investigation was conducted and that Probable Cause was found to exist as against those charged in the information filed.

DOCTRINE, the Judge shall:
1.     Personally evaluate the report and the supporting documents submitted byt the fiscal regarding the existence of Probable Cause and, on the basis , issue a warrant of arrest
2.     If, on the basis thereof he finds no probable cause, he may disregard the fiscal’s report and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of Probable Cause.

Ho vs People (Inting)
1.     DETERMINATION OF PROBABLE CAUSE BY THE PROSECUTOR:
Whether there is a reasonable ground to believe that the accused is guilty of the offense charge and should be held for trial is what the prosecutor passes on.

Determination of Probable Cause by a Judge: Warrant of Arrest

2.     The Judge should decide independently, hence, he must have supporting evidence, other than the Prosecutor’s bare report, upon which to legally sustain his own findings on the existence of probable cause to issue an arrest order.
[G.R. No. 118821. February 18, 2000]

SC’s Full Text link: http://sc.judiciary.gov.ph/jurisprudence/2000/feb2000/118821.html

FACTS:
A complaint for murder was filed before the Criminal Investigation service command, ARMM Region, in connection with the death of Abdul Dimalen, the former COMELEC registrar of Maguindanao. Provincial prosecutor Salick Pandain a Resolution dismissed the charges of murder against herein petitioners and recommended filing of information for murder against one of the respondents, Kasan Mama. Respondent Judge ordered for further investigation. Upon return of the records of the case it was assigned to Second assistant Prosecutor Enok T. Dimaraw for further investigation. Prosecutor Dimaraw, found a Prima Facie evidence, thus, recommended filing the charges against Bai Unggie Abdula  and Odin Abdula.

ISSUES:
1.     Whether the Second Information for murder filed is valid?
2.     Validity of the Warrant of Arrest issued against petitioners.

HELD:
Petition for Certiorari and Prohibition are Granted.

RATIONALE:
In order to disqualify a Judge on the basis of Prejudice, petitioner must prove the same by clear and convincing evidence.

Rules of Court: No complaint or information shall be filed or dismissed by an investigating Fiscal without the prior written authority or approval of the Provincial or City Fiscal or Chief of State Prosecutor. A complaint or information can only be filed if it is approved or authorized by the Provincial or City Fiscal or Chief of State Prosecutor.

Soliven vs Makasiar, In satisfying himself of the existence of probable cause, the Judge is not required to personally examine the complainant and his witnesses.

Ho vs People, In the case at bench, respondent admits that the issued Warrant is questionable as there was no “reason for him to doubt the validity of the Certification made by the Assistant Prosecutor that a Preliminary Investigation was conducted and that Probable Cause was found to exist as against those charged in the information filed.

DOCTRINE, the Judge shall:
1.     Personally evaluate the report and the supporting documents submitted byt the fiscal regarding the existence of Probable Cause and, on the basis , issue a warrant of arrest
2.     If, on the basis thereof he finds no probable cause, he may disregard the fiscal’s report and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of Probable Cause.

Ho vs People (Inting)
1.     DETERMINATION OF PROBABLE CAUSE BY THE PROSECUTOR:
Whether there is a reasonable ground to believe that the accused is guilty of the offense charge and should be held for trial is what the prosecutor passes on.

Determination of Probable Cause by a Judge: Warrant of Arrest

2.     The Judge should decide independently, hence, he must have supporting evidence, other than the Prosecutor’s bare report, upon which to legally sustain his own findings on the existence of probable cause to issue an arrest order.

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