The Supreme Court has affirmed that a judge’s power to issue an arrest warrant based on probable cause is independent and cannot be delayed by a pending review from the Department of Justice (DOJ). This ruling emphasizes the separation of executive and judicial functions in the criminal justice system. It clarifies that the judge’s determination is distinct from the prosecutor’s and aims to ensure the accused’s presence in court, which is essential for the judicial process.

Balancing Justice: When Arrest Warrants Await No One

In Jessie Tagastason, Rogelio Tagastason, Jr., Annie Bacala-Tagastason, and Jerson Tagastason v. People of the Philippines, Office of the Special Prosecutor of Butuan City, Susano Bacala, and Belinda Bacala, the petitioners challenged the warrants issued against them, arguing they were denied due process because a motion for extension to file their counter-affidavits was not fully considered. The case stemmed from a complaint-affidavit for murder and frustrated murder filed against the Tagastasons and others. They claimed the issuance of warrants was premature, especially since their petition for review was pending before the DOJ.

The Supreme Court addressed the core issue of whether the Court of Appeals erred in upholding the warrants issued by Judge Maclang and ruling that the petitioners were not deprived of due process. The Court clarified the distinct roles of the prosecutor and the judge in determining probable cause. The executive branch, through the prosecutor, decides whether enough evidence exists to file an Information, while the judiciary independently determines if a warrant of arrest is necessary. The Court emphasized that these are two separate determinations of probable cause as explained in Mendoza v. People:

There are two kinds of determination of probable cause: executive and judicial. The executive determination of probable cause is one made during preliminary investigation. It is a function that properly pertains to the public prosecutor who is given a broad discretion to determine whether probable cause exists and to charge those whom he believes to have committed the crime as defined by law and thus should be held for trial.

The Court cited People v. Castillo and Mejia, further elaborating on the judicial determination of probable cause as the judge’s responsibility to ensure the accused is placed under custody to serve justice. This prevents frustration of justice, ensuring the accused will appear during trial. The Court reiterated that the judge’s role is not appellate; they do not review the prosecutor’s determination but make an independent assessment.

Building on this principle, the Supreme Court underscored that a judge’s function to issue a warrant is exclusive and not contingent on the DOJ’s resolution of a petition for review. Deferring the warrant’s implementation would encroach on the judge’s prerogative, potentially allowing the accused to evade justice while awaiting the executive branch’s decision. The Court also noted that, according to the 2000 NPS Rule on Appeal, an appeal before the DOJ Secretary does not automatically suspend proceedings in the trial court. Section 5 of the 2000 NPS Rule on Appeal provides the requirement for a motion to defer proceedings. In this case, no motion to defer proceedings was filed in the trial court by the petitioners.

SECTION 5. Contents of petition. – The petition shall contain or state: (a) the names and addresses of the parties; (b) the Investigation Slip number (I.S. No.) and criminal case number, if any, and title of the case, including the offense charged in the complaint; (c) the venue of the preliminary investigation; (d) the specific material dates showing that it was filed on time; (e) a clear and concise statement of the facts, the assignment of errors, and the reasons or arguments relied upon for the allowance of the appeal; and (f) proof of service of a copy of the petition to the adverse party and the Prosecution Office concerned.

Regarding the petitioners’ claim of denial of due process, the Court found it premature to preempt the DOJ Secretary’s resolution of the pending petition for review. The Court agreed with the Court of Appeals that the petitioners should not have assumed their motion for extension would be granted automatically. Furthermore, the Court acknowledged that the City Prosecutor acted appropriately by granting a ten-day extension, aligning with the 2008 Revised Manual for Prosecutors.

As for the motion for inhibition filed by the petitioners, the Court concurred with the Court of Appeals that its resolution fell within Judge Maclang’s discretion. The petitioners prematurely filed a petition for certiorari and prohibition before the Court of Appeals without awaiting Judge Maclang’s resolution. Ultimately, the Court determined that the petitioners had not provided sufficient evidence to substantiate their claim of prejudice against Judge Maclang. Therefore, the Supreme Court denied the petition, affirming the Court of Appeals’ decision.

FAQs

What was the key issue in this case?	The main issue was whether a judge’s issuance of an arrest warrant could be delayed by a pending petition for review before the Department of Justice regarding the finding of probable cause.
What is the difference between executive and judicial determination of probable cause?	Executive determination, made by the prosecutor, decides if enough evidence exists to file charges. Judicial determination, made by the judge, decides if an arrest warrant is necessary to ensure the accused’s appearance in court.
Does filing an appeal with the DOJ Secretary automatically stop the trial court proceedings?	No, an appeal before the DOJ Secretary does not automatically suspend proceedings in the trial court. A motion to defer proceedings must be filed in the trial court to hold the proceedings in abeyance.
Can a judge issue a warrant of arrest if a petition for review is pending before the DOJ?	Yes, the judge’s power to issue a warrant based on probable cause is independent and not contingent on the DOJ’s decision. Deferring the warrant would encroach on the judge’s prerogative.
What is the role of the judge in determining probable cause for an arrest warrant?	The judge makes an independent assessment of the evidence to determine if there is a necessity to place the accused under custody to prevent them from frustrating the ends of justice.
What happens if the accused believes they were denied due process during the preliminary investigation?	The accused can file a motion for reconsideration or an appeal. However, they should not assume that their motions for extension will be automatically granted.
What should happen when an accused questions the impartiality of a judge?	The resolution of a motion for inhibition is within the discretion of the judge. The accused must also present sufficient evidence to support the claim of prejudice.
What was the final ruling of the Supreme Court in this case?	The Supreme Court denied the petition, upholding the Court of Appeals’ decision and affirming the validity of the arrest warrants issued against the petitioners.

This case reaffirms the balance of power between the executive and judicial branches in the Philippines, highlighting the judiciary’s critical role in safeguarding individual liberties while ensuring justice is served. The decision reinforces the principle that judicial processes should not be unduly delayed by executive actions, protecting the integrity and efficiency of the court system.

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Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Jessie Tagastason, et al. v. People, G.R. No. 222870, July 08, 2019