G.R. No. 123504 - P/INSP. RODOLFO SAMSON, PO3 JAMES BUSTINERA, PO2 PABLO TOTANES, AND PO1 ADRIANO CRUZ, VS. HON. TEOFISTO T. GUINGONA, JR., AS SECRETARY OF JUSTICE, CHIEF STATE PROSECUTOR ZENON DE GUIA, AND STATE PROSECUTOR PAULITA ACOSTA-VILLARANTE AND PROSECUTING ATTORNEY EMMANUEL VELASCO.D E C I

Ruling

WHEREFORE, it is respectfully prayed of this Honorable Court to personally determine the existence of probable cause before issuing the warrants for the arrest of the accused, and to dismiss these cases if it shall determine that no probable cause exists against the accused. "Movants also pray that a warrant of arrest be held in abeyance until after the resolution of this case or in case a warrant has already been issued to recall the same with respect to the movants." On October 9, 1995, the trial court ruled that there was probable cause for the arrest, with no bail, of accused Ernesto Diaz, Fernando Nituan and Jaime de la Cueva. [10] On October 18, 1995, the trial court ruled that it was premature to discuss the merits of Exhibits "A" to "F" (for the prosecution) for the purpose of the issuance of a warrant of arrest considering that these exhibits were not presented during the preliminary investigation of the case and accused were not furnished copies of the same. [11] The trial court ordered the reinvestigation of the case with respect to petitioners. Thus- "PREMISES CONSIDERED, the Court finds that at the time of the filing of the information for murder against accused Samson, Totanes, Bustinera and Cruz based on the evidence presented during the preliminary investigation and Resolution dated September 29, 1995 issued by Prosecutor Emmanuel Y. Velasco, the Court finds no probable cause for the issuance of warrants of arrest against accused P/Sr. Insp. Rodolfo Samson, PO3 Pablo Totanes, PO3 James Bustinera and PO1 Adriano Cruz. "The Chief State Prosecutor, Department of Justice or his Assistant Prosecutors is ordered to reinvestigate this case giving accused Samson, Totanes, Bustinera and Cruz opportunity to controvert Exhibits A to F with sub-markings. "SO ORDERED.