- Petitioner
- Callanta
- Respondent
- Enage
- Citation
- G.R. No. L-27695
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- CONCEPCION, JR.
- Decided
- September 30, 1982
Summary
This case involves a petition for certiorari and prohibition challenging a warrant of arrest issued by a Court of First Instance judge. The dispute arose from an altercation between two government employees, Antonio Callanta and Antonio Gonzales, at the City Treasurer's office in Butuan. When Gonzales filed a criminal complaint directly with the trial court judge, the judge immediately issued a warrant for Callanta's arrest without conducting proper preliminary examination and investigation or giving notice to the accused. The Supreme Court granted the petition, ruling that Section 13, Rule 112 of the Revised Rules of Court requires both preliminary examination and investigation to be conducted simultaneously with the accused present or properly notified before a warrant can be issued. The Court found the judge's action without legal basis and null and void, emphasizing the importance of due process in criminal proceedings.