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People Vs Deang

1) Second Assistant Prosecutor accused Deang, Espiritu, and Catli of kidnapping for ransom with homicide of Arthur Tanhueco. 2) Only Catli filed a motion for preliminary investigation, which was denied by the court. Deang and Espiritu did not invoke their right to a preliminary investigation. 3) The court held that the lack of a preliminary investigation does not invalidate a criminal information or impair the jurisdiction of the court. Catli was also deemed to have waived his right to a preliminary investigation when he entered a plea during arraignment.

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153 views2 pages

People Vs Deang

1) Second Assistant Prosecutor accused Deang, Espiritu, and Catli of kidnapping for ransom with homicide of Arthur Tanhueco. 2) Only Catli filed a motion for preliminary investigation, which was denied by the court. Deang and Espiritu did not invoke their right to a preliminary investigation. 3) The court held that the lack of a preliminary investigation does not invalidate a criminal information or impair the jurisdiction of the court. Catli was also deemed to have waived his right to a preliminary investigation when he entered a plea during arraignment.

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ebenezermanzanormt
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People vs.

Deang
[G.R. No. 128045; August 24, 2000]
No Double Jeopardy in Preliminary Investigation and Effect of Lack of Preliminary
Investigation
Facts:
Second Assistant Prosecutor accuses Deang, Espiritu, and Catli of the crime
of Kidnapping for ransom with homicide. It was alleged that the accused, for the
purpose of extorting money from the parents, detained Arthur Tanhueco and taking
him into undisclosed place. Despite having attained their purpose, the accused
failed to release him to his parents, and instead with abuse of superior strength,
eveident premeditation and treachery killed Arthur as a consequence.
Counsel for accused CATLI filed an omnibus motion to suspend proceedings,
to quash warrant of arrest, to hold preliminary investigation/examination, and to
immediately release accused CATLI. The motion was opposed by the prosecution
and was denied by the court.
Deang, Espiritu, and Catli had a common defense: Denial and Alibi. Deang
avers that the trial court erred in proceeding with his arraignment without a
preliminary investigation.
Issue:
Whether or not there was a violation of Catlis right to a preliminary
investigation.
Held:
NO. The records show that only accused Benito Catli filed a Motion for
Reinvestigation.The other accused did not invoke their right to a preliminary
investigation. So much so that after entering into arraignmen, this right was
deemed waived.
At any rate, it is settled that the absence of preliminary investigation does not
impair the validity of the information or otherwise render the same defective and
neither does it affect the jurisdiction of the court over the case or constitute a
ground for quashing the information.
Preliminary investigation is generally inquisitorial, and it is often the only
means of discovering those who may be reasonably charged with a crime to enable
the prosecutor to prepare his complaint or information. It is not a trial of the case
on the merits and serves no purpose except to determine if a crime has been
committed and whether there is probable cause to believe that the accused is guilty
thereof.

It does not place in jeopardy the person against whom it is taken. It


has been consistently held that the absence of a preliminary investigation
does not impair the validity of the criminal information or render it
defective. In this case, CATLI is deemed to have waived his right to preliminary
investigation when he entered his plea during arraignment.

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