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Senator De Lima vs. Hon. Guerrero [DISSENTING OPINION, JARDELEZA, J.]

SENATOR LEILA M. DE LIMA, Petitioner, vs. HON. JUANITA GUERRERO, in her capacity as Presiding Judge, Regional Trial Court of Muntinlupa City, Branch 204, PEOPLE OF THE PHILIPPINES, P/DIR. GEN. RONALD M. DELA ROSA, in his capacity as Chief of the Philippine National Police, PSUPT. PHILIP GIL M. PHILIPPS, in his capacity as Director, Headquarters Support Service, SUPT. ARNEL JAMANDRON APUD, in his capacity as Chief, PNP Custodial Service Unit, and ALL PERSONS ACTING UNDER THEIR CONTROL, SUPERVISION, INSTRUCTION OR DIRECTION IN RELATION TO THE ORDERS THAT MAY BE ISSUED BY THE COURT, Respondents. Present: SERENO, C.J., CARPIO, VELASCO, JR., LEONARDO-DE CASTRO, PERALTA, BERSAMIN, DEL CASTILLO, PERLAS-BERNABE, LEONEN, JARDELEZA, CAGUIOA, MARTIRES, TIJAM, REYES, JR., and GESMUNDO, JJ.

G.R. No. 229781 | 2017-10-10

DISSENTING OPINION
 
JARDELEZA, J.:
 
The case presents a conflict between a person's right to liberty and the State's right to prosecute persons who appear to violate penal laws. On the one hand, the petitioner argues that a presiding judge's first duty in a criminal case is to determine the trial court's own competence or jurisdiction. When a judge is put on alert, through a motion to quash filed by the accused challenging her jurisdiction over the offense charged, she must first resolve the issue of jurisdiction before issuing a warrant of arrest. On the other hand, respondents maintain that the first and...