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