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Gelacio V. Samulde vs. Ramon M. Salvani, Jr.

GELACIO V. SAMULDE, in his official capacity as Municipal Judge, petitioner, vs. RAMON M. SALVANI, JR., in his official capacity as Provincial Fiscal of Antique, substituted by LEOPOLDO O. VlLLAVERT, respondent.

G.R. No. 78606 | 1988-09-26

D E C I S I O N


GRIá'O-AQUINO, J.:

This case involves a disagreement between an investigating judge and the provincial fiscal on whether it is mandatory for the former to issue a warrant for the arrest of the accused in view of his finding, after conducting a preliminary investigation, that there exists prima facie evidence that the accused committed the crime charged.

Municipal Judge Gelacio Samulde of Patnoñgon, Antique, conducted a preliminary investigation of Pelayo Arangale upon a complaint for robbery filed on October 29, 1985 by Maria Magbanua, alleging that Arangale harvested palay from a portion of her land directly...