Larranaga vs CA

Facts:
Petitioner Larranaga was charged with two counts of kidnapping and serious
illegaldetention before the RTC of Cebu City. He was arrested and was detained
withoutthe filing of the necessary Information and warrant of arrest. The petitioner
allegedthat he must be released and be subject to a preliminary investigation.
However, pending the resolution of the Court for the petition for certiorari,
prohibitionand mandamus with writs of preliminary prohibitory and mandatory
injunction filedby the petitioner, RTC judge issued a warrant of arrest directed to the
petitioner.

Issue

:1.Whether petitioner is entitled to a regular preliminary investigation

2.Whether writ of habeas corpus should be granted in favor of petitioner.

Held:
1.Yes. Our ruling is not altered by the fact that petitioner has been arraigned
onOctober 14, 1997. The rule is that the right to preliminary investigation iswaived
when the accused fails to invoke it before or at the time of entering aplea at
arraignment. Petitioner, in this case, has been actively andconsistently demanding a
regular preliminary investigation even before hewas charged in court. Also,
petitioner refused to enter a plea during thearraignment because there was a
pending case in this Court regarding hisright to avail of a regular preliminary
investigation. Clearly, the acts of petitioner and his counsel are inconsistent with a
waiver. Preliminaryinvestigation is part of procedural due process. It cannot be
waived unlessthe waiver appears to be clear and informed.
2.No. The filing of charges and the issuance of the warrant of arrest against aperson
invalidly detained will cure the defect of that detention or at least deny him the
right to be released because of such defect.The originalwarrantless arrest of the
petitioner was doubtless illegal. Nevertheless, theRegional Trial Court lawfully
acquired jurisdiction over the person of thepetitioner by virtue of the warrant of
arrest it issued on August 26, 1993 against him and the other accused in
connection with the rape-slay cases. Itwas belated, to be sure, but it was
nonetheless legal. Hence, the issuance of writ of habeas corpus may not apply in
the case as there is no illegal confinement to speak of.

Ceruila v. Delantar

FACTS:
Spouses Platon and Librada Ceruila filed an action for annulment and
cancellation of the birthcertificate of Maria Rosilyn Telin Delantar, the childvictim in the rape case involving RomeoJalosjos for the reasons that said
birth certificate was made an instrument of the crime of simulation of birth
and therefore invalid and spurious, and it falsified all material entries
therein.On April 11, 1997 the RTC rendered its decision granting the
petition. On July 15, 1997 Rosilynrepresented by her legal guardian filed with
the CA a petition for annulment of judgment in thepetition for cancellation of
entry of her birth certificate claiming that she and her guardian werenot
notified of the petition and the subsequent judgment and learned about the
same only fromthe news on May 16, 1997. On June 10, 1999 the CA granted
the petition and declared null andvoid the decision of the RTC. The motion for
reconsideration filed by spouses Ceruila wasdenied. Hence this petition.

ISSUE: WON the requirements of Rule 108 were complied with.

HELD:
In the case at bar only the Civil Registrar of Manila was served summons,
who,however, did not participate in the proceedings. This alone is clearly not
sufficient to complywith the requirements laid down by the rules. The claim
that lack of summons on Rosilyn wascured by publication of the order setting
the case for hearing is not correct. Summons must stillbe served, not for the
purpose of vesting the courts with jurisdiction, but to comply with
therequirements of fair play on due process. This is but proper to afford the
person concerned theopportunity to protect her interest if she so chooses.
Rosilyn was never made a party at all to the proceedings seeking the
cancellation of her birth certificate. Neither did petitioners make any effort to
summon the Solicitor General.