Rolito Go versus Court of Appeals

FACTS:

An information was filed charging herein petitioner Rolito Go for murder before the Regional Trial Court
of Metro Manila. Petitioner voluntarily presented himself together with his two lawyers to the police
upon obtaining knowledge of being hunted by the latter. However, he was immediately detained and
denied his right of a preliminary investigation unless he executes and sings a waiver of the provisions of
Article 125 of the Revised Penal Code. Upon omnibus motion for immediate release on recognizance or
on bail and proper preliminary investigation on the ground that his warrantless arrest was unlawful and
no preliminary investigation was conducted before the information was filed, which is violative of his
rights, the same was granted but later on reversed by the lower court and affirmed by the Court of
Appeals.

ISSUE: Whether or not petitioner waived his right to preliminary investigation.

RULING:

Petitioner did not waive his right to have a preliminary investigation contrary to the prosecutor's claim.
The right to preliminary investigation is deemed waived when the accused fails to invoke it before or at
the time of entering a pleas at arraignment. The facts of the case show that petitioner insisted on his
right to preliminary investigation before his arraignment and he, through his counsel denied answering
questions before the court unless they were afforded the proper preliminary investigation. The petition
was granted and the ruling of the appellate court was set aside and nullified. The Supreme Court
however, contrary to petitioner's allegation, declared that failure to accord the right to preliminary
investigation did not impair the validity of the information charging the latter of the crime of murder.