Bermejo V.

Barrios
G.R. No. L-23614, February 27, 1970
 
FACTS:
 
Bermejo and Julia "Doe" were charged in the City Court of Roxas City, of the crime of
falsification of document filed by the City fiscal. It was alleged that the two accused prepared
and executed a document consisting of an amended petition for habeas corpus, which Bermejo
signed and Julia "Doe" placed her thumbmark over the name "Jovita Carmorin".
 
Relying on the certification of the City Fiscal that a preliminary investigation had been conducted
by him, the City Judge Barrios, issued an order for the arrest of Bermejo.
 
Bermejo complains that despite his request to be present at the preliminary investigation, the
same was conducted in his absence on March 19, 1963, denying him his day in court.
 
ISSUE:
 
Whether or not the petitioners where denied of due process for conducting the preliminary
investigation without their presence.
 
RULING:
 
No.
 
Their rights to due process could not have been violated for they are not entitled as of right to
preliminary investigation. Sec. 14, Rule 112 of the Rules of Court invoked by the petitioner has
no application to their case, it appearing that the new ROC took effect on January 1, 1964 while
the preliminary investigation conducted by the City fiscal were conducted in 1963.
 
The Rules of Court are not penal statutes, and they cannot be given a retroactive effect.