Go v Court of Appeals

G.R. No. 101837, 11 February 1992

Facts:

Petitioner shot Maguan inside his car. Petitioner then boarded his car and left the scene.
Verification at the Land Transportation Office showed that the car was registered to one Elsa
Ang Go. On 8 July 1991, petitioner presented himself before the San Juan Police Station. The
police forthwith detained him. That same day, the police promptly filed a complaint for frustrated
homicide. Petitioner argues that he was not lawfully arrested without warrant because he went
to the police station six (6) days after the shooting which he had allegedly perpetrated.

Issues: WON Go was lawfully arrested? WON he waived his right for prelim investigation when
he posted bail?

Held: No, there was no lawful arrest, it cannot be argued that it was an arrest under hot pursuit
as the incident happened days after the appearance of Go. Posting of bail is not a valid waiver
of prelim investigation, the right to have a preliminary investigation conducted before being
bound over to trial for a criminal offense and hence formally at risk of incarceration or some
other penalty, is not a mere formal or technical right; it is a substantive right.