All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ VI. CRIMINAL PROCEDURE ▸ D. Preliminary Investigation (Rule 112) ▸ 2. Cases Not Requiring Preliminary Investigation - Section 1

Question

Subject: D. Preliminary Investigation (Rule 112)
Topic: 2. Cases Not Requiring Preliminary Investigation - Section 1

A crime was allegedly committed in a barangay and a complainant filed a complaint directly with the Regional Trial Court (RTC), bypassing the preliminary investigation stage. The complaint alleged that the accused committed theft of a substantial amount of money from the complainant's house. The RTC judge, after evaluating the complaint and the supporting documents, issued an arrest warrant against the accused.

Discuss the validity of the RTC's issuance of the arrest warrant despite the absence of a preliminary investigation. Cite the applicable law and jurisprudence to support your answer.

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