People of the Phil. v.

Umbrero

Facts: This case is an appeal from a decision from the RTC of Aparri convicting Umbrero
for murder. The information alleged that the accused killed Alfonso Urbi. The accused
assailed the jurisdiction of the court because of the absence of the preliminary
investigation. Umbrero alleged that he was denied his right to due process. He states that
there was no preliminary investigation conducted as his name was not included in the
criminal complaint filed with the municipal court which conducted the preliminary
investigation.

Issue: Whether or not the absence of the preliminary investigation would affect the
court's jurisdiction over the person of the accused

Ruling: The allegation is unmeritorious. The appellant never asked for or called the
attention of the court before entering his plea, as to the absence of a preliminary
investigation. His right to preliminary investigation, then is deemed waived as he failed
to invoke such right prior to or, at least at the time of the entry of his plea in the court of
first instance. The entry of their plea constituted a waiver of their right to preliminary
investigation and any irregularity that attended it.
Jurisdiction was acquired by the Court over the person of Umbrero as the accused
appeared at the arraignment and pleaded not guilty to the crime charged.