Articles 1-3 Case 1

Republic of the Philippines

SUPREME COURT

Manila

EN BANC

G.R. No. L-2068 October 20, 1948

DOMINADOR B. BUSTOS vs. ANTONIO G. LUCERO (Judge of First Instance of

Pampanga)

E. M. Banzali for petitioner. Acting Provincial Fiscal Albino L. Figueroa and Assistant
Provincial Fiscal Marcelo L. Mallari for respondent

Facts:

The accused pleaded not guilty according to the memorandum submitted by

this attorney to the CFI. An action was taken by the accused to compel the
complainant to present her evidence and witnesses for the purpose of cross-
examination. The fiscal and the private prosecutor objected, invoking section 11 of
rule 108, and the objection was sustained. "In view thereof, the accused's counsel
announced his intention to renounce his right to present evidence." and then justice
of the peace forwarded the case to the CFI of Pampanga. The petitioner filed a
motion with the Court of First Instance of Pampanga, after he had been bound over
to that court for trial, for the record of the case to be remanded to the justice of the
peace court of Masantol (the court of origin) to enable the petitioner to cross-
examine the complainant and her witnesses in connection with their testimony, on
the strength of which warrant was issued for the arrest of the accused. The motion
was denied invoking section 11, Rule 108, which defines the bounds of the
defendant's right in the preliminary investigation. It was contended that Section 11,
Rule 108 of the Rules of Court infringes section 13, Article VIII, of the Constitution.

Issue:

Was the denial unconstitutional?

Held:

No. The denial was constitutional and proper. On the grounds that:
Articles 1-3 Case 1

(1) The constitutional right of an accused to be confronted by the witnesses

against him does not apply to preliminary hearings; nor will the absence of a
preliminary examination be an infringement of his right to confront witness.
Preliminary investigation may be done away with entirely without infringing
the constitutional right of an accused under the due process clause to a fair
trial.
(2) The rule in question does not deal with substantive matters, and it is
procedural in nature.
(3) While section 11 of Rule 108 denies to the defendant the right to cross-
examine witnesses in a preliminary investigation, his right to present his
witnesses remains unaffected, and his constitutional right to be informed of
the charges against him both at such investigation and at the trial is
unchanged.