Zacarias v. Cruz
REITERATIONFacts
1. The Antecedents: Petitioner Lourdes Zacarias was charged with estafa in Criminal Case C-1320 before the Court of First Instance of Rizal, Caloocan Branch. An order of arrest was subsequently issued against her. 2. Procedural History: Following the filing of a criminal information for estafa, respondent judge issued an order of arrest against petitioner. Petitioner subsequently posted a P10,000-bail bond and pleaded not guilty to the information. She did not move to quash the information on the grounds of defective arrest or lack of jurisdiction. 3. The Petition: Petitioner seeks a writ of habeas corpus to nullify the order of arrest, contending that the respondent judge violated constitutional provisions by issuing the order without personally examining the complainant and witnesses under oath. The petition argues that the arrest was defective and that the court thus acquired no jurisdiction over her person.
Issue(s)
Whether the posting of a bail bond constitutes a waiver of any irregularity in the arrest and bars the remedy of habeas corpus. Whether entering a plea to the information waives the right to question any irregularity in the preliminary investigation. Whether the absence of a preliminary investigation impairs the validity of a criminal information or affects the jurisdiction of the court.
Ruling
The petition for the writ of habeas corpus is denied. The respondent judge's order of arrest is affirmed. Petitioner's prayer to restrain respondents from further proceeding with Criminal Case C-1320 is also denied.
Ratio Decidendi
On the issue of waiver by posting bail: The Court held that posting of a bail bond constitutes a waiver of any irregularity attending the arrest of a person. It estops the accused from questioning the validity of their arrest. In the case of Luna vs. Plaza, it was ruled that where a petitioner has filed an application for bail and waived the preliminary investigation proper, they have waived their objection to any defect in the preliminary examination conducted prior to the issuance of the warrant of arrest. Therefore, an accused at liberty on bail, having secured release through judicial decree, may no longer avail of the high prerogative writ of habeas corpus. The petitioner in this case is at liberty upon a P10,000-bail bond and has pleaded to the information, thus waiving her right to question the arrest. On the issue of waiver by entering a plea: The Court further stated that nothing in the record suggested that the petitioner moved to quash the information on the ground of lack of jurisdiction over her person due to a defective arrest. By failing to do so, she is deemed to have waived any such lack of jurisdiction. Moreover, the petitioner has already entered a plea of not guilty to the information charging her with estafa. This act is deemed a waiver of her right to preliminary investigation and an abandonment of her right to question any irregularity surrounding it. This principle is considered settled law. On the issue of the effect of absence of preliminary investigation: The Court emphasized that the absence of a preliminary investigation does not impair the validity of a criminal information, nor does it render it defective. Crucially, it does not affect the jurisdiction of the court over the case. Therefore, even if there were irregularities in the preliminary investigation, it would not be a ground to nullify the proceedings or the order of arrest, especially in light of the petitioner's subsequent actions.
Main Doctrine
Posting of a bail bond constitutes a waiver of any irregularity in the arrest, and an accused at liberty on bail may no longer avail of the remedy of habeas corpus. Furthermore, entering a plea to the information waives the right to question any irregularity in the preliminary investigation.