In Jessie Tagastason, et al. v. People of the Philippines, et al., the Supreme Court clarified that a judge’s duty to determine probable cause for issuing an arrest warrant is independent and cannot be deferred pending the Department of Justice’s review of the prosecutor’s finding. This means individuals cannot delay arrest warrants by appealing the prosecutor’s decision. The ruling emphasizes the court’s exclusive role in safeguarding individual liberties while ensuring efficient justice.

Balancing Justice: When Can a Judge Independently Issue an Arrest Warrant?

The heart of this case lies in the conflict between the petitioners, Jessie Tagastason, et al., and private respondents, Susano Bacala and Belinda Bacala. The core legal question revolves around the validity of arrest warrants issued by Judge Maclang and whether the petitioners were deprived of due process. The petitioners sought to halt the arrest warrants, arguing that their motion for extension to file counter-affidavits was not fully considered and that the judge exhibited partiality. The Court of Appeals disagreed, leading to this appeal before the Supreme Court.

The Supreme Court upheld the Court of Appeals’ decision, emphasizing the distinct roles of the executive and judicial branches in determining probable cause. The Court referenced Mendoza v. People, delineating between the executive determination by the public prosecutor (deciding whether to file charges) and the judicial determination by the judge (deciding whether to issue an arrest warrant). The Court stated:

There are two kinds of determination of probable cause: executive and judicial. The executive determination of probable cause is one made during preliminary investigation… The judicial determination of probable cause, on the other hand, is one made by the judge to ascertain whether a warrant of arrest should be issued against the accused.

Building on this principle, the Court stressed that the judge’s assessment is independent of the prosecutor’s finding. The judge is not merely reviewing the prosecutor’s decision but making an original determination based on the evidence presented. As such, the judge’s determination cannot be deferred. The independence of the court is a fundamental principle of judicial power that must be held

The Court also addressed the petitioners’ argument that their pending appeal before the DOJ Secretary should halt the warrant’s implementation. Citing the 2000 NPS Rule on Appeal, the Court clarified that an appeal to the DOJ Secretary does not automatically stay proceedings in the trial court, specifically if no motion to defer proceedings has been filed. Section 5 of the 2000 NPS Rule on Appeal states:

If an information has been filed in court pursuant to the appealed resolution, a copy of the motion to defer proceedings filed in court must also accompany the petition.

This procedural requirement reinforces the principle that judicial processes should not be unduly delayed by executive appeals, absent a formal request for deferment. In this case, since the petitioners did not file a motion to defer, the trial court was correct to continue.

Regarding the petitioners’ claim of a denial of due process, the Supreme Court considered the circumstances surrounding the filing of the Informations. While the petitioners argued that they were not given sufficient time to file their counter-affidavits, the Court noted that the petition for review was still pending before the DOJ Secretary. This approach contrasts with the petitioners’ attempt to preempt the DOJ Secretary’s decision by seeking relief from the Court, which the Supreme Court deemed premature. The 2008 Revised Manual for Prosecutors states that extensions of time to submit a counter-affidavit should not exceed ten days, so the OSG correctly pointed out that the City Prosecutor acted accordingly in granting them an extension of only ten days when the petitioner asked for fifteen.

Finally, the Court addressed the motion for inhibition filed against Judge Maclang. The Court reiterated that the decision on such a motion rests within the judge’s discretion. Furthermore, the Court noted that the petitioners filed their petition for certiorari and prohibition before the Court of Appeals without waiting for Judge Maclang to resolve the motion. The judge set the motion for inhibition for a hearing, but the petitioners jumped the gun. Absent sufficient evidence of prejudice, the Court declined to interfere with the judge’s discretion. The need for credible evidence of bias should be shown by clear and convincing grounds.

FAQs

What was the key issue in this case?	The key issue was whether the Court of Appeals erred in upholding the arrest warrants issued by Judge Maclang and in ruling that the petitioners were not deprived of due process.
What is the difference between executive and judicial determination of probable cause?	Executive determination, made by the prosecutor, decides whether to file charges. Judicial determination, made by the judge, decides whether to issue an arrest warrant, independently of the prosecutor’s finding.
Does an appeal to the DOJ Secretary halt proceedings in the trial court?	No, an appeal to the DOJ Secretary does not automatically stay proceedings in the trial court, unless a motion to defer proceedings is filed.
What is required to prove bias in a motion for inhibition?	To succeed in a motion for inhibition, sufficient evidence of prejudice on the part of the judge must be presented.
Why did the Supreme Court deny the petition?	The Court denied the petition because the judge’s issuance of arrest warrants was a valid exercise of judicial discretion, and the petitioners failed to demonstrate a denial of due process or sufficient grounds for the judge’s inhibition.
What is the practical implication of this ruling?	The ruling clarifies that an appeal of a prosecutor’s finding does not automatically delay the issuance of an arrest warrant. The executive branch’s appeal does not impede the ability of the judicial branch to act accordingly and in a timely manner.
What rule governs the extension of time to submit a counter-affidavit?	The 2008 Revised Manual for Prosecutors provides that extensions of time to submit a counter-affidavit should not exceed ten days.
How does this case affect preliminary investigations?	This case reinforces the principle that judges must make an independent determination of probable cause. This independent review safeguards individual liberties while respecting the prosecutorial function.

In conclusion, the Supreme Court’s decision in Tagastason v. People underscores the importance of the independent judicial assessment of probable cause in issuing arrest warrants. This ruling reinforces the balance between the executive and judicial branches in ensuring due process and efficient administration of justice.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

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 of the Philippines, et al., G.R. No. 222870, July 08, 2019