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Philippine Bar review · Question

Practice question: Effect of Absence of Preliminary Investigation

Multiple Choice Hard

Practice question

The prosecution says evidence later admitted at trial necessarily cures the earlier denial of investigation despite the accused’s timely, continuous objection. How did Go treat that reasoning?
  1. It held that later evidence always erases preserved procedural rights.
  2. It refused to legitimize the deprivation merely because trial evidence later entered the record.
  3. It found the omitted investigation irrelevant once the first witness testified.
  4. It treated the objection as a confession.
  5. It ordered acquittal because later evidence could never be considered.

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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