This case has been cited 2 times or more.
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2015-03-11 |
PERALTA, J. |
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| On whether petitioners were accorded their right to a complete preliminary investigation as part of their right to due process, the Court rules in the affirmative. Having submitted his Counter-Affidavit and Rejoinder-Affidavit to the OCP of Manila before the filing of Information for estafa, Perez cannot be heard to decry that his right to preliminary investigation was not completed. For her part, while Aguinaldo was not personally informed of any notice of preliminary investigation prior to the filing of the Information, she was nonetheless given opportunity to be heard during such investigation. In petitioners' motion for reconsideration[47] of the February 25, 2003 Resolution of ACP Gonzaga, Aguinaldo relied mostly on the Counter-Affidavit and Rejoinder-Affidavit of Perez to assail the recommendation of the prosecutor to indict her for estafa. Since the filing of such motion for reconsideration was held to be consistent with the principle of due process and allowed under Section 56 of the Manual for Prosecutors,[48] she cannot complain denial of her right to preliminary investigation. | |||||