REPUBLIC
OF THE PHILIPPINES
REGIONAL
TRIAL COURT
4TH
JUDICIAL REGION
BRANCH
36
CALAMBA
CITY, LAGUNA
PEOPLE
OF THE PHILIPPINES
- versus - RTC CRIM. CASE NO. 9437-02-C
NUR
MISUARI, ET AL.,
Accused.
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RESOLUTION
Before this court is an Urgent Omnibus
Motion (1) For Preliminary Investigation; and (2) For accused to
be released on bail pending the Preliminary Investigation, filed
on May 13, 2002 by Atty. Arthur Lim, as counsel for the accused.
In his motion, Atty. Arthur Lim claimed that the accused
were not accorded the right to a preliminary investigation, and
that such right is substantive.
Atty. Lim prayed that pending the preliminary
investigation, all the accused be released on bail.
Atty. Lim cited the Rolito Go vs. Court of Appeals (206
SCRA 138) case where the Honorable Supreme Court ruled that Rolito
Go was entitled to a preliminary investigation, and during the
preliminary investigation was allowed to post bail and was ordered
released.
This court cannot agree with the two arguments raised by
Atty. Arthur Lim. The
accused were accorded the right to a preliminary investigation.
However, they cannot be subpoenaed because they were all
at-large.
Rule
112, par. D of Sec. 3 of the Rules of Court applies in this case.
It provides:
“If
the respondent cannot be subpoenaed, or if subpoenaed, does not
submit counter-affidavits within the ten (10) day period, the
investigating office shall resolve the complaint based on the
evidence presented by the complainant.”
However, in the interest of substantial justice, the prayer
asking for preliminary investigation is granted. These would be in
keeping with the doctrines laid down by the Honorable Supreme
Court in the case of Rodis, Sr. vs. Sandiganbayan (166 SCRA 618)
where the highest tribunal ruled that there must be a preliminary
investigation to secure the innocent against hasty, malicious and
oppressive prosecution, and to protect him from an open and public
accusation of a crime, from the trouble, expenses and anxiety of a
public trial; and, in the case of Tandoc vs. Resultan (175 SCRA
37) where the highest tribunal ruled that preliminary
investigation is intended to protect the accused from the
inconvenience, expense and burden of defending himself in a formal
trial unless the reasonable probability of his guilt shall have
been first ascertained in a fairly summary proceeding by a
competent officer and also to protect the state from having to
conduct useless and expensive trial.
With respect to the prayer for bail, again this court
cannot agree with Atty. Arthur Lim. Atty. Arthur Lim cannot rely on the case of Rolito Go vs.
Court of Appeals (Supra) in support of his prayer.
Said case is not applicable.
The Honorable Supreme Court ruled that Rolito Go was
neither arrested with warrant or arrested without warrant.
Rolito Go was not arrested at all.
This is not obtaining in this case.
Accused Nur Misuari and his co-accused were all arrested by
virtue of warrants of arrest issued by the Municipal Trial Court
and the Regional Trial Court of Jolo, Sulu.
Such being the case, accused Nur Misuari and his co-accused
cannot be released on bail as they are charged of the crime of
rebellion which is a non-bailable offense.
WHEREFORE, the prosecution is hereby given a period of
thirty (30) days from receipt hereof within which to conduct and
terminate the preliminary investigation.
The prayer for bail is denied.
SO ORDERED.
Calamba City, Laguna, July 4, 2002.
NORBERTO Y. GERALDEZ
Judge
