G.R. No. L-1995. October 07, 1948
PIO L. PESTAÑO, PETITIONER, VS. P. G. CORNISTA, JUSTICE OF THE PEACE OF SANTA CRUZ, LAGUNA, AND THE CHIEF OF POLICE, PASIG, RIZAL, RESPONDENTS.
PARAS, J.:
under confinement by the chief of police of Pasig, Rizal, in virtue of a warrant
of arrest issued by the respondnet justice of the peace of Santa Cruz, Laguna,
as a result of petitioner’s failure to appear at the preliminary investigation
in connection with a complaint for theft of coconuts against the petitioner. The
latter contends that his presence’ in the preliminary investigation was a
personal right and, therefore, waivable by him, and such waiver, could not
legally give rise to his arrest and detention.
In his answer the respondent justice of the simply averred that the
petitioner had already been released upon the former’s directive. This averment
has not been denied by the petitioner.
Without passing upon the supposed illegality of the warrant of arrest issued
by the respondent justice of the peace, we have to rule that the petition is now
academic.
Petitioner’s other allegations that have reference to the sufficiency of the
facts stated in the criminal complaint against him, to the right of the
respondent justice of the peace to proceed with the criminal proceeding, or to
the cancellation of petitioner’s bond, are obviously not proper subjects of
inquiry herein. Moreover, the petitioner failed to substantiate his attempt to
hold the respondent chief of police of Pasig guilty of contempt of this
Court.
The petition is denied, without costs. So ordered.
Moran, C. J.,
Ozaeta, Pablo, Perfecto, Bengzon, Briones, Tuason, and Montemayor,
JJ., concur.
Feria, J., took no part.