Facts:

The case involves Gabino Lozada and Isidro Lozada as petitioners against Honorable Fernando Hernandez and others as respondents. The events leading to this case began on July 1, 1952, when the provincial fiscal of Capiz filed an information in the Court of First Instance of Capiz, charging the petitioners with robbery with homicide. The fiscal certified under oath that a proper preliminary investigation had been conducted on June 27, 1952. Following their arrest based on this information, the petitioners requested the court to set their bail, which was established on July 16, 1952. Approximately three weeks later, the petitioners were arraigned and entered a plea of not guilty with the assistance of legal counsel. The trial was initially scheduled for August 20 but was postponed to September 19 at the petitioners' request. Subsequently, the petitioners filed a motion to dismis...

Facts:

1. Filing of Information: On July 1, 1952, the provincial fiscal of Capiz filed an information in the Court of First Instance of Capiz, charging Gabino Lozada and Isidro Lozada (petitioners) with the crime of robbery with homicide. The fiscal certified under oath that he had conducted a proper preliminary investigation on June 27, 1952.
2. Arrest and Bail: The petitioners were arrested based on the information, and on July 16, 1952, the court fixed the amount of their bail.
3. Arraignment and Plea: The petitioners were arraigned approximately three weeks later and pleaded not guilty with the assistance of counsel.
4. Trial Postponement: The trial was initially scheduled for August 20, 1952, but was postponed to September 19, 1952, at the petitioners' request.
5. Motion to Dismiss: The petitioners filed a motion to dismiss the case, arguing that they were deprived of their right to a preliminary investigation without due process of law. This motion was denied by the court.
6. Petition for Certiorari: The petitioners then filed a petition for certiorari to annul the court's order denying their motion to dismiss.

Issue:

• (Unlock)

Ruling:

• (Unlock)

Ratio:

1. Nature of Preliminary Investigation: A preliminary investigation is not a trial or part thereof but is merely preparatory to determine whether a crime has been committed and whether there is probable cause to believe the accused is guilty. It is a statutory right, not a fundamental constitutional right.
2. Statutory Right to Participate: The right of the accused to participate in a preliminary investigation depends on the specific provisions of the law. Under Section 1687 of the Revised Administrative Code, as amended, the accused is entitled to participate only if they request to be present.
3. Waiver of Right: The right to a preliminary investigation is waived if the accused fails to claim it before pleading not guilty during arraignment.
4. Practical Considerations: Requiring the fiscal to notify the accused of the preliminary investigation in all cases would be impractical, especially when the whereabouts of the accused are unknown.