IS THE LACK OF A PRELIMINARY INVESTIGATION A GROUND FOR DISMISSING A COMPLAINT?
> No, the absence of a Preliminary Investigation doesn't affect the jurisdiction of the court but merely the regularity of the proceedings
> Neither is it a ground to quash the information or nullify the order of arrest issued against him or justify the release of the accused from detention
> The court cannot dismiss the complaint on this ground, and it should instead conduct the investigation or order the fiscal or lower court to do it considering that the inquest investigation conducted by the state prosecutor is null and void
> The trial court should suspend proceedings and order a Preliminary Investigation where the inquest conducted is null and void
WHAT IS THE EFFECT OF THE ABSENCE OF CERTIFICATION THAT PRELIMINARY INVESTIGATION WAS CONDUCTED?
> It is of no consequence
> The important thing is that there was actually an investigation and that the accused was informed thereof and was allowed to present controverting evidence