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Rodrigo R. Duterte, et al. Vs. Sandiganbayan

RODRIGO R. DUTERTE and BENJAMIN C. DE GUZMAN, petitioners, vs. THE HONORABLE SANDIGANBAYAN, respondent.

G.R. No. 130191 | 1998-04-27

D E C I S I O N

KAPUNAN, J:

The right to a preliminary investigation is not a mere formal right; it is a substantive right. To deny the accused of such right would be to deprive him of due process.

In this special civil action for certiorari with preliminary injunction, petitioners seek to set aside the Order of the Sandiganbayan dated 27 June 1997 denying the Motion to Quash the information filed against them for violating Sec. 3(g) of R.A. No. 3019, otherwise known as the Anti-Graft And Corrupt Practices Act. Petitioners similarly impugn the Resolution of the Sandiganbayan dated 5 August 1997 which denied their Motion for...