Callanta vs.

Villanueva
77 SCRA 377; G.R. Nos. 24646 & L-24674; 20 June 1977

Facts:
Two complaints for grave oral defamation were filed against Faustina Callanta. The City Judge
of Dagupan City, Felipe Villanueva, denied the motions to quash the complaints. Thus,
petitioner Callanta brought the suits for certiorari in the Supreme Court. Petitioner questions the
validity of the issuance of warrant of arrest by respondent, arguing that the City Fiscal should
have conducted the preliminary investigation. According to petitioners counsel, there was
jurisdictional infirmity. After the issuance of the warrants of arrest and the bail fixed at P600,
petitioner posted the bail bond, thus obtaining her provisional liberty. The City Fiscal in this case
did not disagree with the judges investigation, and agreed with the complaints filed.

Issue:
Whether or Not petitioners contentions are to be given merit.

Ruling:
Based on many precedent cases of the Supreme Court, where the accused has filed bail and
waived the preliminary investigation proper, he has waived whatever defect, if any, in the
preliminary examination conducted prior to the issuance of the warrant of arrest. In the case at
bar, it is futile for the petitioner to question the validity of the issuance of the warrant of arrest,
because she posted the bail bond. Petitioner also erred in arguing that only the City Fiscal can
conduct a preliminary investigation. According to the Charter of the City of Dagupan, the City
Court of Dagupan City may also conduct preliminary investigation for any offense, without
regard to the limits of punishment, and may release, or commit and bind over any person
charged with such offense to secure his appearance before the proper court. Petition for
certiorari is denied. Restraining order issued by the Court is lifted and set aside.