Practice question
An accused promptly seeks bail and a legally required but omitted preliminary investigation in the same motion before plea. The prosecutor cites bail alone as waiver. Which is sound?
- A bail request always conclusively waives the objection.
- Only an acquittal can remedy the omission.
- The prosecution may refuse to examine any timely objection.
- Bail alone does not bar the timely objection; Rule 114, Section 26 and Go require the actual procedural record to be considered.
- Bail automatically invalidates the information.
Legal references
- Rules of Court, Rule 113, Sections 2-9, and Rule 114, Section 26, as relevant: https://lawphil.net/courts/rules/rc_110-127_crim.html
- Go v. Court of Appeals, G.R. No. 101837, February 11, 1992, main decision, preserved preliminary-investigation objection and qualified relief: https://lawphil.net/judjuris/juri1992/feb1992/gr_101837_1992.html
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