GO vs CA

Facts:
Petitioner's and Maguan's cars nearly bumped each other. Petitioner alighted from his car, walked over and shot Maguan
inside his car.
Thereafter, petitioner, accompanied by 2 lawyers presented himself before the San uan Police Station to verify news
reports that he was being hunted by the police. The police forthwith detained him and filed a complaint for frustrated
homicide against petitioner with the !ffice of the Provincial Prosecutor of "i#al. Prosecutor $gnacio informed petitioner, in
the presence of his lawyers, that he could avail himself of his right to preliminary investigation but that he must first sign a
waiver of the provisions of %rticle &2' of the "evised Penal (ode. Petitioner refused to e)ecute any such waiver. *hile
the complaint was still with the Prosecutor, and before an information could be filed in court, the victim, +ldon Maguan,
died of his gunshot wounds. This led the prosecutor to file an information for murder before the "egional Trial (ourt. %t the
bottom of the information, the Prosecutor certified that no preliminary investigation had been conducted because the
accused did not e)ecute and sign a waiver of the provisions of %rticle &2' of the "evised Penal (ode.
(ounsel for petitioner filed an omnibus motion for immediate release and proper preliminary investigation, alleging that the
warrantless arrest of petitioner was unlawful and that no preliminary investigation had been conducted before the
information was filed. This was granted but later on reversed by the trial court and later affirmed by the (ourt of %ppeals.
The appellate court held that petitioner's warrantless arrest was valid because the offense for which he was arrested and
charged had been ,freshly committed, and his identity had been established through investigation, that petitioner's act of
posting bail constituted waiver of any irregularity attending his arrest, that he waived his right to preliminary investigation
by not invoking it properly and seasonably under the "ules, and that there was a valid information for murder against
petitioner.
Issue:
-&. *hether or not a lawful warrantless arrest had been effected by the San uan Police in respect of petitioner /o0
-2. *hether petitioner had effectively waived his right to preliminary investigation.
Held:
On the first issue, Section ' of "ule &&1 of the &23' "ules on (riminal Procedure provides instances when an arrest
without a warrant is considered lawful. 4owever, the warrantees ,arrest, or detention of petitioner in the instant case does
not fall within any of these instances. The ,arresting, officers were not present at the time of the commission of the offense
and they did not have any ,personal knowledge, of facts indicating that petitioner was the gunman. The ,arrest, effected
si) -5. days after the shooting cannot be reasonably regarded as effected ,when 6the shooting had7 in fact 8ust been
committed,. $t is thus clear to the (ourt that there was no lawful warrantless arrest of petitioner within the meaning of
Section ' of "ule &&1.
9urthermore, Section : "ule &&2, re;uiring a person arrested to sign a waiver of the provisions of %rticle &2' of the
"evised Penal (ode as a condition for carrying out a preliminary investigation, applies only when the accused was
lawfully arrested without a warrant. This is not so in this case, therefore petitioner was entitled to a preliminary
investigation and that right should have been accorded him without any conditions.
On the second issue, we believe and so hold that petitioner did not waive his right to a preliminary investigation. The
right to have a preliminary investigation conducted before being bound over to trial for a criminal offense is
a substantive right, to avoid the accused being e)posed to prolonged an)iety, aggravation, humiliation, and e)pense. The
rule is that the right to preliminary investigation is waived when the accused fails to invoke it before or at the time of
entering a plea at arraignment. $n the instant case, petitioner /o had vigorously insisted on his right to preliminary
investigation before his arraignment. *e do not believe that by posting bail petitioner had waived his right to preliminary
investigation. /o asked for release on recogni#ance or on bail and for preliminary investigation in one omnibus motion. 4e
had thus claimed his right to preliminary investigation before respondent udge approved the cash bond.
4owever, the failure to accord preliminary investigation, while constituting a denial of the appropriate and full measure of
the statutory process of criminal 8ustice, did not impair the validity of the information for murder nor affect the 8urisdiction of
the trial court.
*e consider that petitioner remains entitled to a preliminary investigation although trial on the merits has already began.
Trial on the merits should be suspended or held in abeyance and a preliminary investigation forthwith accorded to
petitioner. The constitutional point is that petitioner was not accorded what he was entitled to by way of procedural due
process.
*e similarly believe and so hold that petitioner remains entitled to be released on bail as a matter of right. $f evidence
shows petitioner<s guilt to be strong, the prosecutor may move for the cancellation of bail, which the trial court may either
grant or deny.