Practice question
A prosecutor argues that because omission of preliminary investigation is not jurisdictional, a court may always ignore a timely, substantiated request made before plea by an accused legally entitled to that investigation. The accused instead demands immediate acquittal without trial. Which answer is sound?
- Both parties are correct
- Only the prosecutor is correct
- Only the automatic-acquittal demand is correct
- Neither claim follows: the timely right must be addressed, while omission alone does not establish innocence or require acquittal
- The judge must personally decide the prosecutor's executive charging determination in every case
Legal references
- https://lawphil.net/judjuris/juri2020/jun2020/gr_232192_2020.html — Miranda v. People, G.R. No. 232192, June 22, 2020, MAIN decision (absence of preliminary investigation and waiver before plea).
- https://lawphil.net/judjuris/juri2011/aug2011/gr_175289_2011.html — Villarin v. People, G.R. No. 175289, August 31, 2011, MAIN decision (timely assertion and waiver of preliminary investigation).
- https://comanialaw.com/doj-department-circular-no-015-series-of-2024/ — Reproduced DOJ D.C. No. 015, series of 2024, §§12–20 (inquest and remedies); issuance upheld in Meking.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/4/70233 — Meking v. Remulla, G.R. No. 280455, November 11, 2025, EN BANC MAIN decision (DOJ-NPS rules and executive charging standard).
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