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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a coastal city, an ordinance prohibits the use of loudspeakers for public announcements within a 200-meter radius of the city hall after 8:00 PM; violators are punished by a fine of Php 900 with no imprisonment. A resident files a sworn complaint with the City Prosecutor alleging that Leo violated the ordinance. The City Prosecutor declares that preliminary investigation is not required for this offense. (a) Identify the controlling doctrine on when a preliminary investigation is not required. (b) Distinguish this situation from offenses punishable by imprisonment and indicate how the required procedure would differ. (c) Apply the rule to Leo’s case: Should there be a preliminary investigation? What is the proper mode of initiating charges against Leo, and what rights does he retain in this context?

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Not required; there is no preliminary investigation; charges may be commenced by filing an information directly with the proper trial court; Leo retains all constitutional rights. Not required; the not-required rule applies only to offenses not involving public policy issues, which is not accurate for this local ordinance. Not required; but the proper mode of initiation is a sworn complaint before the City Prosecutor who will thereafter conduct a formal investigation and then file information, which is incorrect for a not-required offense. Not applicable; preliminary investigations are always required for all offenses, including those with fines only; this contradicts the not-required rule.

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