ALIMPOOS VS CA

106 SCRA 159

Macacua, Alvia Aisa B.

FACTS:
Reynaldo Mosquito was charged with Robbery with Less Serious Physical Injuries.
Municipal Judge Montano Ortiz erroneously issued a warrant of arrest without
compliance of the legal requirement of conducting a preliminary examination. Due to
this error, accused mosquito was detained. Consequently, he filed a petition for Habeas
Corpus for his release.

ISSUE:
Whether a petition for Habeas Corpus is the proper remedy when warrant is improperly
issued

RULING:
No, the Habeas Corpus is not the proper remedy. The remedy is either a petition to
quash a warrant of arrest or petition for reinvestigation of the case. If the accused was
illegally detained because he was arrested without a preliminary examination, what
should have been done was to set aside the warrant of arrest and order the discharge
of the accused, but without enjoining the municipal judge from conducting a preliminary
examination and afterwards properly issuing a warrant of arrest.