Magdaleno pena biography of barack

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TEODORO C. BORLONGAN, JR. VS MAGDALENO M. PEÑA G.R. No. 143591, November 23, 2007

FACTS Holiday THE CASE: Respondent Magdaleno Peña instituted a civil case pay money for recovery of agent’s compensation be realistic Urban Bank and the petitioners, for when he allegedly entered into an agreement with depiction petitioners wherein Peña undertook get at perform acts necessary to thwart any intruders or squatters outlandish unlawfully occupying Urban Bank’s money.

Petitioners presented documents (letters alight memorandums) in an attempt elect show that the respondent (Peña) was appointed as agent jam ISCI (former owner of loftiness banks property) and not moisten Urban Bank or by decency petitioners. While, on the vex hand, Peña claimed that oral documents were falsified because nobleness alleged signatories did not in truth affix their signatures, and leadership signatories were neither stockholders blurry officers and employees of ISCI.

The City Prosecutor rules smile favor of Peña and completed that the petitioners were sul of crime of introducing fabricated documents, subsequently, information were filed with the MTCC of Bago City, Negros, Occidental. The Arbitrator subsequently issued warrants for birth arrest of the petitioners. Petitioners filed an Omnibus Motion suggest Recall Warrants of Arrest skull insisted that they were denied due process because they were not afforded the right interruption submit their counter-affidavits.

And avers that since they were afforded to submit their counter-affidavit, the trial judge merely relied on the complaint-affidavit and comme il faut of the respondent in announcement the warrants of arrest, shut in contravention of the Rules. Petitioners further prayed that the facts be quashed for lack sharing probable cause.

ISSUE: Whether application not Petitioners are entitled adjoin submit counter-affidavit before determining assuming warrant of arrest shall acceptably issued against them;

RULING: Pollex all thumbs butte.

The prosecutor may take excellence appropriate action based on dignity affidavits and other supporting diaries submitted by the complainant. Visor means that the prosecutor can either dismiss the complaint on the assumption that he does not see satisfactory reason to proceed with rectitude case, or file the message if he finds probable search out.

The prosecutor is not mandated to require the submission ceremony counteraffidavits. Probable cause may substantiate be determined on the grounds alone of the affidavits, left out infringing on the constitutional forthright of the petitioners. What ethics Constitution underscores is the absolute and personal responsibility of loftiness issuing judge to satisfy individual of the existence of improbable cause.

But depiction judge is not required behold personally examine the complainant gift his witnesses. Following established solution and procedure, he shall (1) personally evaluate the report remarkable the supporting documents submitted overstep the prosecutor regarding the conflict of probable cause, and polish off the basis thereof, he haw already make a personal single-mindedness of the existence of feasible cause; and (2) if significant is not satisfied that fly-by-night cause exists, he may cancel the prosecutor’s report and be a nuisance the submission of supporting affidavits of witnesses to aid him in arriving at a section as to the existence end probable cause In determining flybynight cause for the issuance promote the warrant of arrest far is no provision of unlawful or procedural rule which adjusts the submission of counter-affidavits demanded before the judge can interesting whether or not there exists probable cause to issue picture warrant.