G.R. No. 165596 - ESMAEL ORQUINAZA, VS. PEOPLE OF THE PHILIPPINES, RTC JUDGE OF BRANCH 35, CALAMBA CITY, MTC JUDGE OF CALAMBA CITY AND EDELYN ARIDA. D E C I S I O N - Supreme Court E-Library

Ruling

accordingly filed the appropriate information. Unlike in Luciano v. Mariano, [26] the Assistant City Prosecutor in this case found sufficient ground to charge petitioner in court. The complaint against petitioner was not dismissed. As earlier discussed, the preliminary investigation conducted against petitioner sufficiently complies with his right under Rule 112 of the Revised Rules of Criminal Procedure. Finally, it is worthy to state that even if it were necessary to conduct another preliminary investigation for the charge of acts of lasciviousness, the lack of such preliminary investigation would still not be a ground to quash the information against the accused. The Court has often held that the lack of preliminary investigation is not a ground to quash or dismiss a complaint or information. Much less does it affect the court's jurisdiction. [27] The absence of a preliminary investigation does not affect the court's jurisdiction over the case nor impair the validity of the information or otherwise render it defective. The remedy of the accused in such case is to call the attention of the court to the lack of a preliminary investigation and demand, as a matter of right, that one be conducted. The court, instead of dismissing the information, should merely suspend the trial and order the fiscal to conduct a preliminary investigation. [28] We find, therefore, that the RTC did not err in affirming the order of the MTCC which denied the motion of petitioner to quash the information and to recall the warrant of arrest against him. We also hold that the resolution of the first issue raised by petitioner renders irrelevant the discussion of the second issue, for even if we find the motion to quash to be timely filed, it would still be denied for lack of merit. IN VIEW WHEREOF, the petition is DENIED. Costs against petitioner. SO ORDERED.