Allado v Diokno; G.R. No. 113630; 05 May 1994; 232 SCRA 192

in Legal Chyme by

In the practice of their profession, and on the basis of an alleged extrajudicial confession of a security guard, petitioners have been accused of the heinous crime of kidnapping with murder by respondent Presidential Anti-Crime Commission (PACC). The Panel of Prosecutors issued a resolution finding a prima facie case against them. The information was filed before respondent judge. and ordered arrested without bail by respondent judge wo issued the assailed warrant of arrest against petitioners.

Whether or not there was sufficient finding of probable cause.

NO. Respondent judge did not personally examine the evidence nor did he call for the complainant and is witnesses in the face of their incredible accounts. Instead, he merely relied on the certification of the prosecutors that probable cause existed.

Petition for certiorari and prohibition is GRANTED. The warrant of arrest issued against them is SET ASIDE and respondent judge is ENJOINED from proceeding any further against petitioners.

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