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