Bagcal v Villaraza; G.R. No. L-61770; 31 Jan 1983; 120 SCRA 525

in Legal Chyme by

Petitioner was arrested without a warrant on February 28, 1982 by the Philippine Constabulary and has been detained at Camp Alagar, Cagayan de Oro City since then. City Fiscal of Cagayan de Oro filed an information for murder against petitioner with the Municipal Trial Court of Cagayan de Oro. The information was accompanied by affidavits not subscribed before respondent Judge, who failed to ask affiants to ratify their oaths nor asked searching questions. City Fiscal did not conduct preliminary investigation before respondent Judge issued the warrant of arrest.

Whether or not petitioner may assail the validity of his warrant of arrest.

NO. Although the warrant of arrest was irregularly issued, any infirmity attached to it was cured when petitioner submitted himself to the jurisdiction of the court by applying for bail, submitting a memorandum in support thereof, and filing a motion for reconsideration when his application was denied.

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