Flashcards Studio

In the City of Balamban, a local ordinance prohibits distributing flyers in public markets; violators face a Php 900 fine with no imprisonment. A resident files a sworn complaint with the City Prosecutor alleging that Tara 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 Tara’s case: Should there be a preliminary investigation? What is the proper mode of initiating charges against Tara, and what rights does she retain in this context?