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Gian Paulo Villaflor vs Dindo Vivar

GIAN PAULO VILLAFLOR, petitioner, vs. DINDO VIVAR y GOZON, respondent.

G.R. No. 134744 | 2001-01-16

D E C I S I O N

PANGANIBAN, J.:

The absence of a preliminary investigation does not impair the validity of an information or render it defective. Neither does it affect the jurisdiction of the court or constitute a ground for quashing the information. Instead of dismissing the information, the court should hold the proceedings in abeyance and order the public prosecutor to conduct a preliminary investigation.

The Case

Before us is a Petition for Review under Rule 45 of the Rules of Court, seeking to set aside the Orders issued by the Regional Trial Court (RTC) of Muntinlupa City (Branch 276) in Civil Case No. 97-134.[1] Dated January...