EDUARDO P. PILAPIL, vs. SANDIGANBAYAN, FRANCIS E. GARCHITORENA and PEOPLE OF THE PHILIPPINES.
- G.R. Number: G.R. No. 101978
- Promulgated: 1993-04-07
Doctrine
Absence of preliminary investigation is not a ground to quash under Section 3, Rule 117, and does not impair the court's jurisdiction over the case.
Preliminary investigation is inquisitorial, may be waived expressly or by silence, and failure to invoke it constitutes forfeiture of the right.
Probable cause is a reasonable ground of belief and need not be proven beyond reasonable doubt at the motion-to-quash stage; evidentiary questions are for trial.
Facts
Petitioner Eduardo P. Pilapil filed a petition against the Sandiganbayan, respondent Francis E. Garchitorena, and the People; counsel appearances are noted in the record.
The central procedural challenge is petitioner's contention that the Sandiganbayan gravely abused its discretion by denying his motion to quash and motion for reconsideration.
Petitioner argued there was no preliminary investigation and sought suspension of proceedings pending such investigation.
The Court emphasized that preliminary investigation is inquisitorial, may be waived, and that absence of preliminary investigation does not affect the court's jurisdiction over the case.
Issues
Whether the Sandiganbayan committed grave abuse of discretion in denying petitioner's motion to quash and motion for reconsideration.
Whether the absence of a preliminary investigation is a ground to suspend proceedings or to quash the information.
Ruling
The petition for certiorari and mandamus is dismissed for lack of merit; the Sandiganbayan did not commit grave abuse in denying the motions.
The absence of preliminary investigation is not a ground to quash a complaint or information and does not affect the court's jurisdiction; preliminary investigation may be waived.