Pen v. Castro

Summary

This case involves a certiorari petition challenging the propriety of issuing an alias warrant of arrest while preliminary investigation remains pending. Alelio Bernaldez Pen was charged with illegal recruitment in large scale and sought preliminary investigation after being identified as co-accused. While the trial judge granted his motion for preliminary investigation, she simultaneously issued an alias warrant for his arrest. The Supreme Court dismissed the petition, clarifying that Rule 112 only requires preliminary investigation before filing information, not before issuing warrants. The Court found sufficient probable cause existed based on the amended information, the capital offense charged, and the necessity of immediate custody to prevent frustration of justice. The decision establishes important precedent on the relationship between preliminary investigation procedures and warrant issuance in criminal cases.