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.

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By the Intellegal Editorial Board · September 30, 1982

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AI-assisted case analysis — for research only. Verify against the official decision. A research aid, not legal advice; using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer. Verify every holding and citation against the official decision (Supreme Court E-Library / Official Gazette) before relying on it.