Facts: Petitioners filed informations in the city court and they certified that Preliminary Investigation and Examination had been conducted and that prima facie cases have been found. Upon receipt of said informations, respondent judge set the hearing of the criminal cases to determine propriety of issuance of warrants of arrest. After the hearing, respondent issued an order requiring petitioners to submit to the court affidavits of prosecution witnesses and other documentary evidence in support of the informations to aid him in the exercise of his power of judicial review of the findings of probable cause by petitioners. Petitioners petitioned for certiorari and mandamus to compel respondent to issue warrants of arrest. They contended that the fiscal’s certification in the informations of the existence of probable cause constitutes sufficient justification for the judge to issue warrants of arrest.
Issue: Whether or Not respondent city judge may, for the purpose of issuing warrants of arrest, compel the fiscal to submit to the court the supporting affidavits and other documentary evidence presented during the preliminary investigation.
Held: Judge may rely upon the fiscal’s certification for the existence of probable cause and on the basis thereof, issue a warrant of arrest. But, such certification does not bind the judge to come out with the warrant. The issuance of a warrant is not a mere ministerial function; it calls for the exercise of judicial discretion on the part of issuing magistrate. Under Section 6 Rule 112 of the Rules of Court, the judge must satisfy himself of the existence of probable cause before issuing a warrant of arrest. If on the face of the information, the judge finds no probable cause, he may disregard the fiscal’s certification and require submission of the affidavits of witnesses to aid him in arriving at the conclusion as to existence of probable cause.
Petition dismissed.
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