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Philippine Bar review · Question

Practice question: Effect of Absence of Preliminary Investigation

Multiple Choice Easy

Practice question

Go was arraigned over repeated protests concerning the omitted investigation. Did the Court equate that compelled participation with silent acquiescence?
  1. Yes, any arraignment erases every prior objection.
  2. No.
  3. Yes, counsel’s recorded protests were irrelevant.
  4. Yes, every protest conclusively proves the charge.
  5. Yes, participation can never be examined in context.

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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