G.R. No. L-6177 - Lozada vs. Herdez

A preliminary investigation is not a trial or part of a trial; it serves as a preparatory step.
Its primary purpose is to ascertain 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 constitutional right but is instead statutory.
Rights for accused individuals to participate in preliminary investigations are determined by specific legal provisions rather than the general principle of "due process of law."

The provincial fiscal is obligated to notify the accused of the preliminary investigation only after the accused has requested to be present.
This requirement ensures that the investigation can proceed without hindrance, especially in cases where the accused's whereabouts are unknown.

The right to a preliminary investigation is considered waived if the accused does not assert it before entering a plea of not guilty.
This principle is supported by established case law, indicating that failure to claim the right prior to pleading not guilty results in its forfeiture.

The petitioners, Gabino Lozada and Isidro Lozada, sought to annul an order from the Court of First Instance of Capiz that denied their motion to dismiss an information for robbery with homicide.
The provincial fiscal filed the information after conducting a preliminary investigation, certifying its propriety.
Following their arrest, the petitioners were arraigned and pleaded not guilty, subsequently requesting a dismissal based on the alleged deprivation of their right to a preliminary investigation.

The petitioners argued that they were not notified of the preliminary investigation, thus denying them the opportunity to participate.
The court clarified that the preliminary investigation is not a trial and that the right to participate is not guaranteed unless specifically provided by law.
The relevant legal framework, particularly Section 1687 of the Revised Administrative Code, outlin...continue reading