Mahlon Pitney

“ Their attorney, being present, asked that they be furnished with a copy of the information, which request was granted, and a copy was delivered to each of the accused. Thereafter, and on November 7th, before entering any demurrer or answer, they moved to vacate the order of arrest, upon the ground that it was made without any preliminary investigation held by the court, and without any tribunal, was probable cause to believe the defendants having first determined that the alleged crime had been committed, and that there was provable cause to believe the defendants guilty of it ”

“ It was this procedure that was followed in the present case. If act No. 612 is consistent with the Declaration of Rights contained in § 5 of the act of Congress of July 1, 1902, there can be no question that it necessarily operates to repeal, with respect to the city of Manila, inconsistent provisions previously in force there, as above mentioned. ”

“ Each state has the right to make political subdivisions of its territory for municipal purposes, and to regulate their local government. As respects the administration of justice, it may establish one system of courts for cities and another for rural districts, one system for one portion of its territory and another system for another portion. ”

“ That no law shall be enacted in said islands which shall deprive any person of life, liberty, or property without due process of law or deny to any person therein the equal protection of the laws.
* * * * * 'That no person shall be held to answer for a criminal offense without due process of law ”

“ Cas. 773, where the defendants appealed from a judgment of the court of first instance, which, upon an indictment for murder, had found them guilty of the lower crime of homicide, it was held the supreme court of the Islands had power to reverse the judgment and find the accused guilty of the higher crime of murder ”

“ He shall investigate all charges of crimes, misdemeanors, and violations of ordinances, and prepare the necessary informations, or make the necessary complaints against the persons accused, and discharge all other duties in respect to criminal prosecutions enjoined upon provincial fiscals in the general provincial act and the Criminal Code of Pro. ”

“ But it is contended that this was so far changed by General Orders, No. 58, §§ 42, 43, 44, and 50, and by act No. 194 of the Philippine Commission, § 4 (August 10, 1901) , that the judgments of the court of first instance are final unless an appeal be taken. And so it was held, with respect to cases other than capital, in Kepner v. United States, 195 U.S. 100, 121, 49 L. ed. 114, 121, 24 Sup. Ct. Rep. 797, 1 Ann. Cas. ”

“ Here we find clear warrant for modifications of the practice and procedure; and since § 5 of the same act (quoted above) does not prescribe how 'probable cause' shall be determined, it is, in our opinion, as permissible for the local legislature to confide this duty to a prosecuting officer as to intrust it to a justice of the peace. Consequently, a preliminary investigation conducted by the prosecuting attorney of the city of Manila, under act No. ”