This case has been cited 1 times or more.
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2013-03-12 |
PER CURIAM |
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| Whenever a criminal case falls under the Summary Procedure,[35] the general rule is that the court shall not order the arrest of the accused unless he fails to appear whenever required.[36] In this case, Judge Tormis claimed that the issuance of the warrant of arrest against the accused in the Librando case was justified because of the accused's failure to appear during her arraignment despite notice. However, as clearly found by the OCA, Judge Tormis' order requiring the accused to appear and submit her counter-affidavit and those of her witnesses within ten days from receipt of the order was not yet served upon the accused when she issued the warrant. In doing so, Judge Tormis issued the warrant of arrest in violation of the Rule on Summary Procedure that the accused should first be notified of the charges against him and given the opportunity to file his counter-affidavits and other countervailing evidence.[37] | |||||