509 Phil. 45
CARPIO, J.:
On the charge that respondent judge issued the warrant of arrest without notifying the herein complainant[s], we find for the respondent. Under Rule 112, Sec. 6(b) of the Rules of Court, the only procedural requirement for the issuance of a warrant of arrest is that the judge should personally examine the complainant and his witnesses in the form of searching questions and answers and that the examination be in writing and under oath. Clearly, the rule does not require that the respondent in the criminal complaint be notified and given an opportunity to be present during the investigation. The procedure for determining whether or not probable cause exists for the issuance of a warrant of arrest is different from the procedure in determining the existence of probable cause for the filing of an information in court, in which case the respondent is notified of the complaint against him and given an opportunity to submit counter-affidavit. xxxAs to the charge that respondent did not ask the witnesses searching questions, we agree with respondent that there is no hard and fast rule in determining whether the questions propounded by the investigating judge comply with the constitutional requirement.[9] xxx
On the matter of allowing the private prosecutor to ask questions during the investigation, we find the complaint meritorious. While it is true that the respondent judge also made some searching questions and answers on the two (2) complaining witnesses he did so only after the private prosecutor was able to establish in the minds of the witnesses the things he wanted them to say before the Investigating Judge. The respondent judge allowed the private prosecutor to play a pivotal role in the determination of probable cause for the issuance of a warrant by permitting him to ask questions. This is an error on the part of the judge. This is because the duty to conduct such preliminary investigation (in the form of searching questions and answers) pertains to the respondent alone and he should not allow anybody to take this responsibility from him. He must conduct the same personally without the assistance or participation of the private complainants' counsel. xxx
(b) Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss the same if he finds no ground to continue with the inquiry, or issue a subpoena to the respondent, attaching thereto a copy of the complaint, affidavits and other supporting documents. Within ten (10) days from receipt thereof, the respondent shall submit counter-affidavits and other supporting documents. He shall have the right to examine all other evidence submitted by the complainant.Respondent Judge contends that under Sections 3 and 6(b), the preliminary investigation conducted by first level court judges consists of two stages, namely:
(c) Such counter-affidavits and other supporting evidence submitted by the respondent shall also be sworn to and certified as prescribed in paragraph (a) hereof and copies thereof shall be furnished by him to the complainant.
(d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the ten (10) day period, the investigating officer shall base his resolution on the evidence presented by the complainant.
(e) If the investigating officer believes that there are matters to be clarified, he may set a hearing to propound clarificatory questions to the parties or their witnesses, during which the parties shall be afforded an opportunity to be present but without the right to examine or cross- examine. If the parties so desire, they may submit questions to the investigating officer which the latter may propound to the parties or witnesses concerned.
(f) Thereafter, the investigation shall be deemed concluded, and the investigating officer shall resolve the case within ten (10) days therefrom. Upon the evidence thus adduced, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial.[10]
SEC. 6. When warrant of arrest may issue. - (a) By the Regional Trial Court.- Upon the filing of an information, the Regional Trial Court may issue a warrant for the arrest of the accused.
(b) By the Municipal Trial Court.- If the municipal trial judge conducting the preliminary investigation is satisfied[,] after an examination in writing and under oath of the complainant and his witnesses in the form of searching questions and answers, that a probable cause exists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice, he shall issue a warrant of arrest.[11]
Respondent Judge argues that since the issuance of the warrant of arrest belongs to the "first stage," the warrant can be issued right after the examination of the complainant and his witnesses.
- Preliminary examination of the complainant and his witnesses prior to the arrest of the accused. Its purpose is to determine whether or not there is a ground to issue [a] warrant of arrest. xxx [; and]
- Preliminary [i]nvestigation proper. At this stage, the accused, after his arrest, is informed of the complaint or information filed against him and shall be given access to the testimonies and evidence presented against him in the preliminary examination. Thereafter, he is permitted to introduce evidence in his favor, if he so desires. Its purpose is to determine whether or not the accused should be released or held xxx for trial xxx.[12]
Both the 1940 and 1964 Rules of Court provided for two (2) stages of the preliminary investigation, to wit: (1) the "previous inquiry or examination" of the complainant and his witnesses to determine whether a warrant of arrest should issue against the defendant, and (2) the preliminary investigation proper of the defendant himself to determine if he should be held for trial. Thus, [under Sec. 1, Rule 108 of the 1940 Rules of Court] the preliminary investigation was defined as:The change in procedure was patterned after Presidential Decree No. 911 ("PD 911")[14] governing preliminary investigations conducted by provincial and city fiscals and state prosecutors.[15] As the Court en banc held in the subsequent case of Sangguniang Bayan of Batac, Ilocos Norte v. Albano:[16]"x x x a previous inquiry or examination made before the arrest of the defendant by the judge x x x for the purpose of determining whether there is a reasonable ground to believe that an offense has been committed and the defendant is probably guilty thereof, so as to issue a warrant of arrest and to hold him for trial."In Section 1, Rule 112 of the 1964 Rules of Court, the distinction between a preliminary examination and preliminary investigation was more clearly defined by using the term "preliminary examination" in Section 1 of the Rule to differentiate the first stage of the preliminary investigation (where only the testimonies of the complainant and his witnesses were taken), from the second stage where, after the arrest of the defendant, he was informed of the complaint against him and given a chance to testify and present his evidence (Sec. 10, Rule 112, 1964 Rules of Court). The purpose of the preliminary examination was still to determine "whether there is a reasonable ground to believe that an offense has been committed and the accused is probably guilty thereof, so that a warrant of arrest may be issued and the accused held for trial." (Sec. 1, Rule 112, 1964 Revised Rules of Court.)
xxx
xxx
However, the rule on preliminary investigation underwent some modifications in the 1985 Rules on Criminal Procedure, xxx.
[U]nder the 1985 Rules on Criminal Procedure there is only one (1) way of conducting a preliminary investigation, and that is by affidavits and counter-affidavits submitted by the parties to the investigating judge under Section 3, Rule 112. On the basis of the affidavits, the investigating judge shall "determine whether or not there is sufficient ground to hold the respondent for trial" (subpar. f). Gone is the requirement in the 1940 and 1964 Rules of Court that "he must issue a warrant or order" for the arrest of the defendant.
To determine whether a warrant of arrest should issue against the accused, the investigating judge must examine the complainant and his witnesses "in writing and under oath xxx in the form of searching questions and answers." When he is "satisfied that a probable cause exists, and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice," he may issue the warrant as provided in Section 6, par. b, of the 1985 Rules on Criminal Procedure. (Italicization in the original; underlining supplied)
Presidential Decree 911, upon which the present rule is based, removed the preliminary examination stage and integrated it into the preliminary investigation proper. Now, the proceedings consist only of one stage. (Emphasis supplied)Thus, under the 1985 Rules, a judge conducting a preliminary investigation must proceed under Section 3. If, in the course of the investigation, the private complainant prays, or the facts call, for the issuance of a warrant of arrest, then the investigating judge should be guided by Section 6(b). In no case, however, should the investigating judge by-pass Section 3 to go directly to Section 6(b). Section 3(b) clearly states that "the investigating officer shall xxx issue a subpoena to the respondent, xxx." This means that the investigating judge, if he does not dismiss outright the complaint, must issue a subpoena to the respondent notifying him to submit his counter-affidavit even after the investigating judge had issued a warrant of arrest. In short, the investigating judge must still observe the procedure prescribed in Section 3. This affords the respondent an opportunity to be heard.
[W]hether or not the respondent Judge had the power to issue the warrant of arrest without completing the entire prescribed procedure for preliminary investigation. Stated otherwise, is completion of the procedure laid down in Section 3 of Rule 112 a condition sine qua non for the issuance of a warrant of arrest? (Emphasis supplied)The Court, consistent with Sections 3 and 6(b), ruled in the negative and held:
There is no requirement that the entire procedure for preliminary investigation must be completed before a warrant of arrest may be issued. What xxx Rule [112] provides is that no complaint or information for an offense cognizable by the Regional Trial Court may be filed without completing [the] procedure [in Section 3]. But nowhere is it provided that the procedure must be completed before a warrant of arrest may issue. xxx[18] (Emphasis supplied)It appears, however, that respondent Judge would capitalize on the following discussion in Pangandaman:
There can be no debate about the proposition that in conducting a preliminary investigation of any crime cognizable by the Regional Trial Courts, a judge of an inferior court xxx must observe the procedure prescribed in Section 3 of Rule 112, 1985 Rules on Criminal Procedure. And although not specifically so declared, the procedure mandated by the Rule actually consists of two phases or stages.Far from supporting respondent Judge's claim, Pangandaman merely re-states the procedure provided in Section 3(b), (e), and (f) and Section 5[20] of Rule 112. Although Pangandaman's division of the preliminary investigation into two "phases" calls into mind the two "stages" prevailing under the 1940 and 1964 Rules of Court, such similarity is more apparent than real. Nowhere in Pangandaman did the Court state that the investigating judge must first conduct the "first phase" of the preliminary investigation to determine whether the accused should be arrested. Indeed, Pangandaman unequivocally states that the investigating judge "must observe the procedure prescribed in Section 3 of Rule 112 xxx."
The first phase consists of an ex-parte inquiry into the sufficiency of the complaint and the affidavits and other documents offered in support thereof. And it ends with the determination by the Judge either: (1) that there is no ground to continue with the inquiry, in which case he dismisses the complaint and transmits the order of dismissal, together with the records of the case, to the provincial fiscal; or (2) that the complaint and the supporting documents show sufficient cause to continue with the inquiry and this ushers in the second phase.
This second phase is designed to give the respondent notice of the complaint, access to the complainant's evidence and an opportunity to submit counter-affidavits and supporting documents. At this stage also, the Judge may conduct a hearing and propound to the parties and their witnesses questions on matters that, in his view, need to be clarified. The second phase concludes with the Judge rendering his resolution, either for dismissal of the complaint or holding the respondent for trial, which shall be transmitted, together with the record, to the provincial fiscal for appropriate action.[19]
While this case was pending review by our office after it was transmitted to us by Investigating Judge, Hon. Vinci G. Gozum of the Municipal Trial Court of Floridablanca, Pampanga, after the conclusion of his preliminary investigation finding the existence of a prima facie case for Destructive Arson, the accused through their respective counsel moved for reinvestigation.[24] (Emphasis supplied)
What would be searching questions would depend on what is sought to be inquired into, such as: the nature of the offense, the date, time, and place of its commission, the possible motives for its commission; the subject, his age, education, status, financial and social circumstances, his attitude toward the investigation, social attitudes, opportunities to commit the offense; the victim, his age, status, family responsibilities, financial and social circumstances, characteristics, etc. The points that are the subject of inquiry may differ from case to case. The questions, therefore, must to a great degree depend upon the Judge making the investigation xxx. (Emphasis supplied)The transcript of stenographic notes taken in Criminal Case Nos. 5282-5287 on 9 September 1998 shows that the questions respondent Judge asked of arson complainants David and Sotto pertained to the alleged participation of the accused in the commission of the crime charged, the property damaged, and personal knowledge of arson complainants David and Sotto of the accused.[28] These questions substantially comply with Section 6(b).
Municipal Judges are the front-line officers in the administration of justice. They have direct contact with the grass roots. As such, they are the most visible representation of the Judiciary. Having accepted the exalted position of a judge, he owes the public and the court the duty to be proficient in law. The Court has repeatedly impressed on judges the need to be diligent in keeping abreast with developments in law and jurisprudence, for the study of law is a never-ending and ceaseless process.[32] (Emphasis supplied)We reiterate this reminder. Judges should endeavor to master the laws they are called upon to apply because their incompetence not only reflects on the judiciary but is also the "mainspring of injustice."[33] In the present case, accused complainants were imprisoned for nearly two months for a non-bailable crime without any showing of flight risk and on one-sided evidence the Secretary of Justice later found wanting. As the Code of Judicial Conduct succinctly puts it: "A Judge should be the embodiment of competence xxx."[34]
That on or about the 23rd day of August 1998, between the hours of 9:30 to 10:00 o'clock in the morning in Sitio Caritas Barangay San Jose, Floridablanca, Pampanga and within the jurisdiction of this Honorable Court, said accused, by conspiring, confederating and mutually aiding each other, did then and there wil[l]fully, unlawfully, feloneously and maliciously set on fire and totally burned the houses of the undersigned complainants with the use of flammable liquid and burning materials.The names of complainants Eduardo Laxamana, Manuel Cuenco, and Quirino De Leon do not appear in the caption for Criminal Case Nos. 5282-5287 although individuals named Og Laxamana, Maning Cuenco, and Quitong de Leon were among those impleaded as accused.
Duty of investigating judge.- Within ten (10) days after the conclusion of the preliminary investigation, the investigating judge shall transmit to the provincial or city fiscal, for appropriate action, the resolution of the case, stating briefly the findings of facts and the law supporting his action, together with the entire records of the case, which shall include: (a) the warrant, if the arrest is by virtue of a warrant; (b) the affidavits and other supporting evidence of the parties; (c) the undertaking or bail of the accused; (d) the order of release of the accused and cancellation of his bail bond, if the resolution is for the dismissal of the complaint.[21] Section 3 of Rule 112 provides that "no complaint or information for an offense cognizable by the Regional Trial Courts shall be filed without a preliminary investigation having been first conducted xxx." Destructive Arson is punishable by reclusion perpetua to death (Section 10, Republic Act No. 7659), thus cognizable by the Regional Trial Courts. An MTC judge is among the officers authorized to conduct preliminary investigations (Section 2, Rule 112). However, under Section 2, Rule 112 of the Revised Rules, as amended by A.M. No. 05-8-26-SC, effective 3 October 2005, judges of first level courts are no longer included among those authorized to conduct preliminary investigations.
(e) If the investigating officer believes that there are matters to be clarified, he may set a hearing to propound clarificatory questions to the parties or their witnesses, during which the parties shall be afforded an opportunity to be present but without the right to examine or cross-examine. If the parties so desire, they may submit questions to the investigating officer which the latter may propound to the parties or witnesses concerned. (Emphasis supplied)[26] Section 6(b) provides:
(b) By the Municipal Trial Court. - If the municipal trial judge conducting the preliminary investigation is satisfied[,] after an examination in writing and under oath of the complainant and his witnesses in the form of searching questions and answers, that a probable cause exists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice, he shall issue a warrant of arrest. (Emphasis supplied)[27] 135 Phil. 329 (1968). Reported as Luna v. Hon. Plaza, etc., et al.
1. Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits;This schedule of penalties has no retroactive application (Capulong v. Judge Gozum, supra note 31).
2. Suspension from the office without salary and other benefits for more than three (3) but not exceeding six (6) months; or
3. A fine of more than P20,000.00 but not exceeding P40,000.00.