Title
Lozada vs. Herdez
Case
G.R. No. L-6177
Decision Date
Apr 29, 1953
Gabino and Isidro Lozada file a petition to annul an order denying their motion to dismiss a robbery with homicide case, claiming a violation of their right to a preliminary investigation, but the court ultimately denies their petition and upholds the order.
Font Size

Case Digest (G.R. No. L-6177)

Facts:

  • Petitioners Gabino Lozada and Isidro Lozada filed a petition to annul an order denying their motion to dismiss an information against them for robbery with homicide.
  • The provincial fiscal of Capiz filed an information charging the petitioners with the crime and certified that a proper preliminary investigation had been conducted.
  • The petitioners were arrested and requested the court to fix their bail.
  • They were arraigned and pleaded not guilty with the assistance of counsel.
  • The trial was scheduled but postponed, and the petitioners moved to dismiss the case, claiming a violation of their right to a preliminary investigation.
  • When the motion was denied, they filed a petition for certiorari.

Issue:

  • (Unlock)

Ruling:

  • The court denied the petition and upheld the order denying the motion to dismiss the infor...(Unlock)

Ratio:

  • A preliminary investigation is not a trial but a preparatory process to determine whether a crime has been committed and if there is probable cause to believe the accused is guilty.
  • The right to a preliminary investigation is not a fundamental right guaranteed by the Constitution but is statutory.
  • The right to participate in a preliminary investigation depends on the provisions of law that specifically secure such rights, rather than on the phrase "due process of law."
  • The fiscal is required to give notice of the preliminary investigation to the accused only after the accused has requested to be present.
  • Requiring notice before the investigation ...continue reading

Jur is an AI-powered legal research platform in the Philippines for case digests, summaries, and jurisprudence. AI-generated content may contain inaccuracies; please verify independently.

© 2024 Jur.ph. All rights reserved.