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Chester De Joya vs. Judge Placido C. Marquez, et al

CHESTER DE JOYA, Petitioner, vs. JUDGE PLACIDO C. MARQUEZ, in his capacity as Presiding Judge of Branch 40, Manila-RTC, PEOPLE OF THE PHILIPPINES and THE SECRETARY OF THE DEPARTMENT OF JUSTICE, Respondents.

G.R. No. 162416 | 2006-01-31


SECOND DIVISION

D E C I S I O N 

AZCUNA, J.: 

This is a petition for certiorari and prohibition that seeks the Court to nullify and set aside the warrant of arrest issued by respondent judge against petitioner in Criminal Case No. 03-219952 for violation of Article 315, par. 2(a) of the Revised Penal Code in relation to Presidential Decree (P.D.) No. 1689. Petitioner asserts that respondent judge erred in finding the existence of probable cause that justifies the issuance of a warrant of arrest against him and his co-accused. 

Section 6, Rule 112 of the Revised Rules of Criminal Procedure provides: 

Sec. 6. When warrant of...