Callanta case

CALLANTA vs. VILLANUEVA

F: Two complaints for grave oral defamation were filed against petitioner Callanta but respondent city Judge Villanueva
denied the motions to quash. This gave rise to the questioning of the validity of the issuance of the warrants of arrest by
respondent Judge on the ground that it should have been the City Fiscal who should have conducted the preliminary
examination. After the issuance of the warrants of arrest and the bail fixed at P600, petitioner posted the required bail and
acquired her provisional liberty. 


I: WON the warrants of arrest were valid.

H: With the admission by petitioner that she has posted the required bail to obtain her provisional liberty, it becomes futile
to assail the validity of the issuance of the warrants of arrest.
 Zacharias v. Cruz∫: Posting of a bail bond constitutes waiver
of any irregularity attending the arrest of a person, estops him from discussing the validity of his arrest. Luna v. Plaza: Where
petitioner has filed an application for bail and waived the preliminary investigation proper, he waived his objection to
whatever defect, if any, in the preliminary examination conducted, prior to the issuance of the warrant of arrest.