LIM V. FELIX G.R. Nos. 94054-57 February 19, 1991
FACTS:
l Congressman Moises Espinosa, Sr., together with his security escorts were attacked and killed by a lone assassin at the airport vicinity in Masbate.
l Dante Siblante another security escort of Congressman Espinosa, Sr. survived the assassination plot, although, he himself suffered a gunshot wound.
l Herein petitioners were alleged to be behind the crime of multiple murder and frustrated murder in connection with the airport incident.
l After conducting the preliminary investigation, the court issued an order finding probable cause for the issuance of a warrant of arrest of herein petitioners.
l In the same Order, the court ordered the arrest of the petitioners and recommended the amount of P200,000.00 as bail for the provisional liberty of each of the accused.
l Respondent Acting Fiscal Antonio C. Alfane was designated to review the case containing 261 pages.
l Fiscal Alfane issued a Resolution which affirmed the finding of a prima facie case against the petitioners but differed in the designation of the crime in that the ruled that ". . . all of the accused should not only be charged with Multiple Murder With Frustrated Murder" but for a case of MURDER for each of the killing of the four victims and a physical injuries case for inflicting gunshot wound on the buttocks of Dante Siblante."
l MR’s of the petitioner’s Lim was also denied.
l Fiscal Alfane filed with the Regional Trial Court of Masbate, four (4) separate information of murder against the twelve (12) accused with a recommendation of no bail.
l Petitioners Vicente Lim, Sr. and Susana Lim filed with us a verified petition for change of venue and was granted to avoid a miscarriage of justice. (from Masbate to Makati RTC)
l The cases were raffled to Branch 56 presided by respondent Judge Nemesio S. Felix.
l Petitioners questioned the validity of the warrant of arrest because it was not personally determined by the judge as he relied solely on the certification or recommendation of a prosecutor that a probable cause exists.
l RTC dismissed their petition upholding the validity of the arrest warrants.
ISSUE:
WON a judge may issue a warrant of arrest without bail by simply relying on the prosecution's certification and recommendation that a probable cause exists.
HELD:
NO. If a Judge relies solely on the certification of the Prosecutor as in this case where all the records of the investigation are in Masbate, he or she has not personally determined probable cause. The determination is made by the Provincial Prosecutor. The constitutional requirement has not been satisfied. The Judge commits a grave abuse of discretion.
The records of the preliminary investigation conducted by the Municipal Court of Masbate and reviewed by the respondent Fiscal were still in Masbate when the respondent Fiscal issued the warrants of arrest against the petitioners. There was no basis for the respondent Judge to make his own personal determination regarding the existence of a probable cause for the issuance of a warrant of arrest as mandated by the Constitution. He could not possibly have known what transpired in Masbate as he had nothing but a certification. Significantly, the respondent Judge denied the petitioners' motion for the transmittal of the records on the ground that the mere certification and recommendation of the respondent Fiscal that a probable cause exists is sufficient for him to issue a warrant of arrest.
Hence, the Judge must go beyond the Prosecutor's certification and investigation report whenever necessary. He should call for the complainant and witnesses themselves to answer the court's probing questions when the circumstances of the case so require.
Petition granted.