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All Jurisprudence based

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

A preliminary investigation is conducted by the City Prosecutor into a local ordinance violation with accompanying estafa allegations. The accused, Mia, is duly summoned and notified to appear on the scheduled date, but she 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, Mia later contends that her absence violated due process and seeks reinvestigation, arguing she was not afforded a fair opportunity to present her defense. Which of the following best states the controlling doctrine on the effect of the absence of the accused at the preliminary investigation and the available remedy, if any?

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The accused must be personally present for the investigation to proceed; if she is absent, the prosecutor must postpone and await her attendance, otherwise the case must be dismissed with prejudice. The absence does not automatically render the preliminary investigation invalid; as long as the accused was properly summoned and given a reasonable opportunity to be heard, the investigation may proceed; if the accused later claims due process was denied, the proper remedy is a reinvestigation. The absence automatically nullifies the preliminary investigation, requiring the case to be dismissed or reinvestigated anew. Absence at the preliminary investigation is treated the same as absence at trial; the information cannot be filed until attendance is secured in a new proceeding.

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