SIMTIM LAW

CRIMINAL PROCEDURE DOCTRINE:

"THE PROSECUTOR MAY CHARGE THE RESPONDENT WITH AN OFFENSE DIFFERENT FROM THE DESIGNATION GIVEN BY THE COMPLAINANT AS LONG AS SUCH OFFENSE CHARGED IN THE INFORMATION IS INCLUDED IN THE ALLEGATIONS CONTAINED IN THE COMPLAINT.

SUCH DESIGNATION BY THE COMPLAINANT OR POLICE OFFICER IS A MERE CONCLUSION OF LAW AND IS NEVER CONCLUSIVE UPON THE PROSECUTOR.

IT DOES NOT MATTER WHETHER OR NOT THE CRIME CHARGED IN THE INFORMATION INCLUDES OR IS INCLUDED IN THE CRIME AS DESIGNATED IN THE COMPLAINT.

ALSO, THERE IS NO NEED FOR ANOTHER PRELIMINARY INVESTIGATION WHICH WOULD ONLY BE AN EXERCISE IN SUPERFLUITY SINCE THE COMPLAINANT WOULD BE PRESENTING THE SAME FACTS AND EVIDENCE ALREADY CONSIDERED BY THE PROSECUTOR.

EVEN IF SO REQUIRED, ABSENCE OF OR IRREGULARITY IN THE CONDUCT OF PRELIMINARY INVESTIGATION DOES NOT RENDER THE INFORMATION VOID. NEITHER DOES IT AFFECT THE JURISDICTION OF THE COURT. IT IS NOT A GROUND FOR A MOTION TO QUASH. THE REMEDY IS TO MOVE FOR THE CONDUCT OF SUCH PRELIMINARY INVESTIGATION OR FOR REINVESTIGATION AS THE CASE MAY BE.

EVEN THEN, THE RIGHT TO PRELIMINARY INVESTIGATION, BEING A MERE STATUTORY RIGHT, MAY BE WAIVED BY THE ACCUSED BY FAILING TO INVOKE THE SAME PRIOR TO HIS ARRAIGNMENT."

- ORQUINAZA vs. PEOPLE [G.R. No. 165596 November 17, 2005]

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