[Consti 2 DIGEST] 184- Lim vs Felix

Lim vs Felix G.R. Nos. 94054-57, February 19, 1991

vicinity of the airport road of the Masbate Domestic Domestic Airport, located located at the municipality municipality of Masbate Facts Facts:: At the vicinity province of Masbate, Congressman Moises Espinosa, Sr. and his security escorts, namely Provincial Guards Antonio Cortes, Cortes, Gaspar Amaro, and Artemio Artemio uentes !ere attac"ed attac"ed and "illed by a lone assassin. assassin. Dante Siblante Siblante another another security escort of Congressman Espinosa, Sr. survived the assassination assassination plot, although, he himself suffered a gunshot !ound. or the crime of multiple murder murder and frustrated murder, the accused accused !ere #icente $im, Sr., Mayor Susana $im of Masbate %petitioners in G.&. 'os. ()*+)+-, /olly 0. ernande1, lorencio 0. ernande1, /r., 'onilon A. 2agalihog, Mayor 'estor C. $im and Mayor Antonio 3ho %petitioners in G.&. 'os. ()4555(. 0he &0C of Masbate concluded that a probable cause has been established for the issuance of !arrants of arrest. 6n the same 7rder, the court ordered the arrest of the petitioners plus bail for provisional liberty.  0he entire records of the case !ere transmitted to the Provincial Prosecutor of Masbate. &espondent Acting iscal Antonio C. Alfane !as designated to revie! the case. A petition to transfer the venue of the &egional 0rial Court of Masbate to the &egional 0rial Court of Ma"ati !as filed by petitioners and granted by the SC. 7n /uly +, 8((*, the respondent court %&0C Ma"ati issued !arrants of arrest against the accused including the petitioners herein. 0he respondent /udge said9 :6n the instant cases, the preliminary investigation !as conducted by the Municipal 0rial Court of Masbate, Masbate !hich found the e;istence of probable cause that the offense of multiple murder !as committed and that all the accused accused are probably probably guilty thereof, thereof, !hich !as affirmed affirmed upon revie! by the Provincial Provincial Prosecutor Prosecutor !ho properly properly filed !ith the &egional 0rial Court four separate separate informations for murder. Considering that both the t!o competent competent officers to !hom such duty !as entrusted by la! have declared the e;istence of probable cause, each information is complete in form and substance, and there is no visible defect on its face, this Court finds it ssue: ssue: ?hether or not a