Remedial law 1

The quashal of the information should be the last resort.

The resort should be amendment of the complaint in order to came up with an information.

Second case:

Section 14 Matalang v sandiganbayan

Information filed before sandiganbayan. Violated section 3 of RA 3019. Granted the motion to amend
the information. New preliminary information. Issue in the new information is incidental to the issue in
the amended information.

WN there was a deprivation of due process .

Yes. Before the entering of the plea, by right. After entering of the plea, may only be made by leave of
court.

How do you know if the amendment is prejudicial to the defendant.

If it forces the defendant to look for a new defense because the allegations are changed such that the
arguments are no longer available to him, It is substantial amendment.

Is preliminary investigation mandatory?

When the accused asks for one, it should be given. Go v. People

When a case is preceded by PI, is the proceedings void?

If there is none, it does not void the proceedings. It is the job of the accused to make sure that the
preliminary investigation

Third case:

Territorial jurisdiction – a territory when the court has jurisdiction to try and hear a case.

Rule 111 Prosecution of Civil cases

If it proceeds from section 32 33 34,

Independent civil action

Rule 112

Preliminary Investigation

Priorly instituted civil action

The result of the civil action

Rule 113

the petitioner committed the crime of jaywalking in the presence of a policeman says that the arrest was
unlawful.

There was no lawful warrantless arrest.

The policeman merely accosted the accused to walk in the pedestrian lane.

The lack of intent to arrest. If the police continued to search the body of the crime, the arrest is thereful
unlawful.

Intent to arrest is important, without such intent, the arrest is unlawful.

Case 2: accused was accused of violation of possession of illegal drugs.

Inflagrante Delicto