CONSTI 1 - Article 2, Section 12

FRANCISCO VIRTOUSO, JR., Petitioner, vs. MUNICIPAL JUDGE OF MARIVELES,

BATAAN and CHIEF POLICE OF MARIVELES, BATAAN, respondents
March 21, 1978
FERNANDO, J.

FACTS:
Petitioner Francisco Virtuoso, Jr. was arrested for the alleged robbery of a television set.
He petitioned on the ground that the issuance of an arrest warrant against him was a useless
formality as respondent judge failed to meet the strict standard required by the constitution to
ascertain whether there was probable cause. Also the bail posted by respondent judge was
excessive in the amount of sixteen thousand pesos

ISSUE/S:

1. W/N the procedure by respondent Judge in ascertaining the existence of probable cause
was constitutionally deficient?

HELD:

1. The issue regarding probable cause was no longer tackled as petitioner was seventeen
years old at the time of the commission of the crime. Hence, he is entitled to the
protection and benefits of the Child and Youth Welfare Code, which is an
implementation of the specific constitutional mandate of “The State recognizes the vital
role of the youth in nation building and shall promote their physical, intellectual and
moral well-being.” Petitioner was therefore released on the condition that his parents
and legal counsel act in his capacity in a pending case against him.

Notes:
1. Petition is granted.