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    CA Justice Oscar Herrerra

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    Benjie Roque
    Two burnt cadavers were discovered in 1996. In 1999, SP02 Mardeal was arrested and identified petitioners Jose Miranda and others as responsible for the deaths. In 2001, a judge noted the absence of the petitioners and denied a motion to quash their arrest warrants. On appeal, the Court of Appeals ruled that a court does not need jurisdiction over a defendant's person to dismiss a case or grant relief other than bail.

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    CA Justice Oscar Herrerra

    Uploaded by

    Benjie Roque
    16 views1 page
    Two burnt cadavers were discovered in 1996. In 1999, SP02 Mardeal was arrested and identified petitioners Jose Miranda and others as responsible for the deaths. In 2001, a judge noted the absence of the petitioners and denied a motion to quash their arrest warrants. On appeal, the Court of Appeals ruled that a court does not need jurisdiction over a defendant's person to dismiss a case or grant relief other than bail.

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    Two burnt cadavers were discovered in 1996. In 1999, SP02 Mardeal was arrested and identified petitioners Jose Miranda and others as responsible for the deaths. In 2001, a judge noted the absence of the petitioners and denied a motion to quash their arrest warrants. On appeal, the Court of Appeals ruled that a court does not need jurisdiction over a defendant's person to dismiss a case or grant relief other than bail.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    16 views1 page

    CA Justice Oscar Herrerra

    Uploaded by

    Benjie Roque
    Two burnt cadavers were discovered in 1996. In 1999, SP02 Mardeal was arrested and identified petitioners Jose Miranda and others as responsible for the deaths. In 2001, a judge noted the absence of the petitioners and denied a motion to quash their arrest warrants. On appeal, the Court of Appeals ruled that a court does not need jurisdiction over a defendant's person to dismiss a case or grant relief other than bail.

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    FACTS:

    March 08, 1996, 2 burnt cadavers were discovered I Purok Nibulan, Ramon, Isabela.
    September 1999, SP02 Mardeal was arrested. April 27, 2001, he executed a sworn
    confession and identified petitioners Jose Miranda, SP03 Ocon, SP03 Dalmacio , a
    certain Boyet dela Cruz and Amado Doe, as the persons responsible for the death of
    Vicente Buazon and Elizar Tualiao. Judge 6, 2001, Judge Tumaliuan noted the
    absence of petitioners and issued a Joint order denying said urgent motion on the
    ground that, since the Court did not acquire jurisdiction over their persons, the
    motion cannot be properly heard by the Court. In the meantime, petitioners
    appealed the resolution of the State Prosecutor Leo T. Reyes to the Department of
    Justice.
    Doctrine
    Adjudication of a motion to quash a warrant of arrest requires neither jurisdiction over the person of
    the accused, nor custody of law over the body of the accused.
    CA Justice Oscar Herrerra:
    Except in applications for bail, it is not necessary for the court to first acquire jurisdiction over the
    person of the accused to dismiss the case or grant other relief. The outright dismissal of the case
    even before the court acquires jurisdiction over the person of the accused is authorized under
    Section 6(a), Rule 112 of the Revised Rules of Criminal Procedure and the Revised Rules on
    Summary Procedure (Sec. 12a)

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