Orquinaza vs People

In 2003, Arida, together with her witness, Espinili, executed a sworn statement regarding the act
of Orquinaza of kissing her and touching her breast while taking a nap in the Development room
of the factory where they are working. The police referred the case as sexual harassment to the
City Prosecutor. The Assistant Prosecutor ordered both parties to appear for preliminary
investigation. Petitioner filed a motion to dismiss arguing that the affidavits of respondents do
not contain allegations which constitute sexual harassment. The preliminary investigation for
sexual harassment was conducted and the Assistant Prosecutor issued a resolution finding that
there was no crime of sexual harassment but of acts of lasciviousness thus, he then proceed to
file an information charging the petitioner with the latter crime. Petitioner appealed that the
information charging him of acts of lasciviousness is null and void due to lack of preliminary
investigation.

Issue. WoN the information for ‘acts of lasciviousness’ is null and void

Ruling. No, the information for acts of lasciviousness is valid. The statement of Arida which the
Police submitted to the Prosecutor for the conduct or the preliminary investigation clearly
contains allegations which support the charge of acts of lasciviousness under Article 336 of the
RPC. The conduct of preliminary investigation for the said crime would be futile because the
complainant would only present the same facts and evidence which have already been studied
by the prosecutor. The Court frowns upon such superfluity which only serves to delay the
prosecution and disposition of the criminal complaint. Also the designation of the police as
sexual harassment is not conclusive as it is within the competence of the prosecutor to assess
the evidence submitted and determine therefrom the appropriate offense to be charged . That is
precisely the purpose of preliminary investigation.