2008 Bar: Jose, Alberto and Romeo were charged with murder. Upon filing of the information, the RTC judge issued the warrants for their arrest. Learning of the issuance of the warrants, the three accused jointly filed a motion for reinvestigation and for the recall of the warrants of arrest. On the date set for hearing of their motion, none of the accused showed up in court for fear of being arrested.
The RTC judge denied their motion because the RTC did not acquire jurisdiction over the persons of the movants. Did the RTC rule correctly? (4%)
No, the RTC did not entirely correctly rule on the motion, stating that it had no jurisdiction over the persons of the accused. By filing motions and seeking affirmative reliefs from the court, the accused voluntarily submitted themselves to the jurisdiction of the court. However, the RTC correctly denied the motion for reinvestigation. Before an accused can move for reinvestigation and the quashal of his warrant of arrest, he must first surrender his person to the court (
Miranda vs. Tuliao).
