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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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During a preliminary investigation conducted by the Municipal Prosecutor into a complaint for a local ordinance violation involving unlicensed operation of a street market (and an accompanying estafa allegation), the accused, Diego, is duly summoned and notified to appear on the scheduled date but fails to attend. The prosecutor proceeds with the investigation, hearing the complainant and two witnesses, and thereafter issues a Resolution finding probable cause and directing the filing of information in the proper court. Through counsel, Diego contends that his absence violated due process and seeks reinvestigation, arguing he was not afforded a fair opportunity to present his defense. In light of the controlling doctrine on the effect of absence at the preliminary investigation, answer: (a) Did Diego’s absence render the preliminary investigation invalid or improperly conducted? (b) What remedies or avenues are available to Diego to challenge or rectify the situation?

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Clara

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