1.

Under the Rules of Court, the accused who has not been arraigned yet or has not entered his or
her plea may file Motion for Preliminary Investigation of the case.

Here, Angela Bituin was never arraigned yet, and hence, should be allowed to file for the
reinvestigation of his case, and eventually hold its arraignment.

2. Under the Rules of Court, the accused may file a demurrer to evidence immediately preceding
the presentation of prosecution’s evidence. And on that basis, the court shall be allowed to determine
the culpability of the accused constructed solely on the prosecution’s evidence.

Here, during the trial, Angela Bituina may file a demurrer to evidence if they can easily assess
that Court can make an early evaluation of the prosecution evidence to prove innocence without need
of presenting defense evidence.

3. Yes, the investigating prosecutor may file the case directly to the court without the need of
preliminary investigation.

Under the Rules on Criminal Procedure, a person who is found committing a crime or in
flagrante delicto can be arrested without need of warrant of arrest, and be immediately subjected to
inquest for purposes of filing appropriate information before a competent court of jurisdiction.

Here, the accused are holding a robbery when arrested by the authority, and thus, one classified
as a clear case of flagrante delicto that once arrested can be subjected to an inquest for purposes of
filing appropriate information before a competent court of jurisdiction. Such procedure does not require
a preliminary investigation.
1.a No, the warrantless arrest of AX is not valid. Under the Rules on Criminal Procedure, warrantless
arrest is only applicable in cases of flagrante delicto or when the accused is caught in the act of
committing a crime.

Here, the alleged crime is committed in the year 2003, and hence, does not fall within the
criteria set forth in the Rules of Court that the arrest is conducted when the police officer has caught the
accused while committing the act constituting an offense. Therefore, the warrantless arrest is not valid.

1.b Yes, the accused is entitled to preliminary investigation before filing of the information,

Under the Rules on Criminal Procedure, a Preliminary Investigation is required for crimes
committed which corresponding imprisonment penalty is more than four years and two months.
Further, Preliminary Investigation is applicable in all cases before filing the information in the Court
except of arrest in flagrante delicto. Provided, that the request to conduct PI is made before the accused
enters his/her plea.
 Here, the mode of arrest is clearly in violation of the Rules since it is not a flagrante delicto
arrest, and thus, a regular finding of probable cause must be conducted thru preliminary investigation so
as to warrant the issuance of arrest by the Court. Considering that the accused is not placed in the
arraignment yet, therefore, he is entitled to file for such.