24/02/2022
Basahin at alamin ang basehan ng pagkaka-aresto ni Dr. Natividad Castro.
Brief and concise explanation of Mr Spocky Farolan sa pagkaka-aresto ni Dr. Natividad Castro.
ON THE ARREST OF DR. NATIVIDAD CASTRO.
There was a warrant for her arrest issued by a court in Bayugan City, Agusan del Sur where a case is pending against her.
The arrest warrant was served.
Before an arrest warrant is issued, there are two very important steps. The Office of the Prosecutor should first have a finding that PROBABLE CAUSE exist to merit the filing of a criminal against her. This process is called Preliminary Investigation. Once the Prosecutor resolves that a criminal case should be filed against the accused, an Information shall be filed in court. Upon receipt of the Information, the judge of the court to which the case was raffled for trial shall determine if there is probable cause to issue a warrant of arrest to acquire jurisdiction over the person of the accused.
So, before the arrest warrant was issued, careful investigation was done, at the levels of the Prosecutor and the Hearing Judge.
And if FLAG and other lawyers of Dr. Castro did not agree with the decision of the prosecutor to proceed with the filing of a case, they could have challenged it before the DOJ. Or if they wanted to challenged it with CA or SC. They could have even prevented the issuance of the arrest warrant if they were really diligent.
To my fellow lawyers, please explain things fully and properly when you make statements regarding the case. Making it appear that Dr. Castro was arrested without cause or that the warrant was issued based on blatantly false accusations, kayo naman magreklamo.
Issues and possible lapses of law enforcers in the service of the warrant could and should be investigated, i agree. BUT people tend to conveniently forget that our law enforcers are also given a bit of a leeway and reasonable flexibility to institute safety and security measures they feel necessary. Based on the latest report, the arresting officers have already turned over Dr. Castro to a proper police station in the area. I suggest her lawyers, rather than wasting time with all the media fanfare, start preparing the appropriate petitions or motions if they really believe there is no evidence against Dr. Castro. File niyo agad ng Monday morning please. Don't make a media circus of this.
I am thankful that, it appears, no one was hurt during the service of the warrant.
May justice prevail.
Source: Mr Spocky Farolan FB https://m.facebook.com/story.php?story_fbid=10158580514943061&id=592248060