Facts: Two complaints for grave oral defamation were filed against Faustina Callanta. The City Judge of Dagupan City, Felipe Villanueva, denied the motions to quash the complaints. Thus, petitioner Callanta brought the suits for certiorari in the Supreme Court. Petitioner questions the validity of the issuance of warrant of arrest by respondent, arguing that the City Fiscal should have conducted the preliminary investigation. According to petitioner’s counsel, there was jurisdictional infirmity. After the issuance of the warrants of arrest and the bail fixed at P600, petitioner posted the bail bond, thus obtaining her provisional liberty. The City Fiscal in this case did not disagree with the judge’s investigation, and agreed with the complaints filed.
Issue: Whether or Not petitioner’s contentions are to be given merit.
Held: Based on many precedent cases of the Supreme Court, “where the accused has filed bail and waived the preliminary investigation proper, he has waived whatever defect, if any, in the preliminary examination conducted prior to the issuance of the warrant of arrest”. In the case at bar, it is futile for the petitioner to question the validity of the issuance of the warrant of arrest, because she posted the bail bond. Petitioner also erred in arguing that only the City Fiscal can conduct a preliminary investigation. According to the Charter of the City of Dagupan, “the City Court of Dagupan City may also conduct preliminary investigation for any offense, without regard to the limits of punishment, and may release, or commit and bind over any person charged with such offense to secure his appearance before the proper court”. Petition for certiorari is denied. Restraining order issued by the Court is lifted and set aside.
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