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Philippine Bar review · Question

Practice question: Effect of Absence of Preliminary Investigation

Multiple Choice Easy Jurisprudence

Practice question

What is the effect of absence of preliminary investigation, standing alone, on an information otherwise validly charging an offense?
  1. It automatically becomes a judgment of acquittal
  2. It automatically charges a civil case only
  3. It does not by itself invalidate the information or render it defective
  4. It necessarily erases the offense from law
  5. It makes every witness incompetent

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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