This case has been cited 1 times or more.
|
2005-04-12 |
CHICO-NAZARIO, J. |
||||
| While it is true that the charges in the original and amended informations are related, i.e., an inquiry into one would have elicited substantially, if not precisely, the same facts that an inquiry into the other would have brought into light,[21] this fact should not necessarily deprive an accused to his right to a new preliminary investigation. As above-stated, the rule is that a new preliminary investigation is needed if there is a substantial amendment. The exception, i.e., charge is related or included in the original information, should not be applied automatically. The circumstances in every case must be taken into consideration before the accused is deprived of another preliminary investigation. | |||||