Case Summary (G.R. No. L-25899)
Background of the Case
The dispute arises from the issuance of an arrest order on January 24, 1966, against Lourdes Zacarias, which she argues was delivered without a proper preliminary examination of the complainant and witnesses, a procedure she contends is mandated by the Constitution, particularly Section 1(3), Article III. This argument is based on her claim that the lack of such examination rendered the arrest order invalid.
Procedural History and Arguments
Zacarias was released on a P10,000 bail bond and had entered a plea of not guilty to the charges against her. However, the court highlighted that her posting of bail constitutes a waiver of any irregularities relating to her arrest, as established by previous jurisprudence. Particularly, the ruling in Luna vs. Plaza affirms that a defendant waives objections to preliminary investigation defects by applying for bail.
Waiver of Rights
In her situation, the court noted that Zacarias failed to move to quash the information based on an alleged defective arrest, which meant she could not contest the court's jurisdiction over her person. Moreover, because she had pleaded not guilty, she effectively relinquished her right to challenge the absence of a preliminary examination, thereby accepting the court's jurisdiction.
Legal Principles Involved
The ruling emphasizes that the absence of a preliminary investigation does not invalidate a criminal information nor does it affect the court’s jurisdiction over the case. This principle confirms the established legal doctrine that irregularities in the preliminary investigation process do not impair the validity of the proceeding initiated against a defendant once they have obtained bail and participated in the trial proce
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Case Citation
- G.R. No. L-25899
- Date of Decision: November 29, 1969
- Reported in: 141 Phil. 222 (27415, Nov 28, 1969)
Parties Involved
- Petitioner: Lourdes Zacarias
- Respondents: Hon. Fernando A. Cruz (Judge, Court of First Instance of Rizal, Caloocan Branch), Hon. Benjamin Aquino (Provincial Fiscal, Province of Rizal)
Background of the Case
- Lourdes Zacarias filed a petition for habeas corpus to contest an order of arrest issued against her in Criminal Case C-1320.
- The arrest order was based on a criminal information for estafa filed in the Court of First Instance of Rizal, following a preliminary investigation conducted by the respondent fiscal.
Legal Issue Presented
- The petitioner argued that the respondent judge issued the order of arrest without personally examining the complainant and witnesses under oath or affirmation, which she claimed violated Section 1(3), Article III of the Constitution.
Court's Findings
- The Court found that the petition should be dismissed for several reasons:
- The petitioner was at liberty on a P10,000 bail bond.
- By posting bail, the petitioner waived any irregularity related to her arrest and was e