Maza vs. Turla CASE DIGEST - ADMISSIBILITY OF EVIDENCE- G.R. No. 187094 February 15, 2017

 

Maza vs. Turla, G.R. No. 187094 February 15, 2017

P: Leonen, J.

FACTS: Maza and others are former members of the House of Representatives representing Gabriela, Bayan Muna, Anakpawis. Inspector Palomo named 19 individuals including Maza and others for the 3 killing of the supporters of AKBAYAN, a rival of Bayan Muna and Gabriela. Palomo recommended that a preliminary investigation be conducted and that an Information for each count of murder be filed against the 19 individuals.

Prosecutor Lapus issued a subpoena requiring Maza and others to testify at the hearings. Maza argue that the Provincial Prosecutor had no jurisdiction to conduct the preliminary investigation since no valid complaint was filed against them.  2 Informations for murder (Palayan Cases) and for kidnapping with murder (Guimba cases) were filed.

Judge Turla, the presiding judge of RTC held that the proper procedure in the conduct of the preliminary investigation was not followed in the Palayan cases. That Maza and others were deprived of their right to a full preliminary investigation preparatory to the filing of the Information against them and ordered the Prosecutor to conduct the preliminary investigation on the incidents subject matter.

ISSUE: Whether or not the admissibility of evidence can be ruled upon preliminary investigation.

HELD: No. The admissibility of evidence cannot be ruled upon in a preliminary investigation. In a preliminary investigation, the public prosecutors do not decide whether there is evidence beyond reasonable doubt of the guilt of the person charged; they merely determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and that respondent is probably guilty thereof, and should be held for trial.

A preliminary investigation is merely preparatory to a trial. It is not a trial on the merits. Since it cannot be expected that upon the filing of the information in court the prosecutor would have already presented all the evidence necessary to secure a conviction of the accused, the admissibility or inadmissibility of evidence cannot be ruled upon in a preliminary investigation.

The case is remanded to the RTC for further proceedings with due and deliberate dispatch in accordance with this Decision.