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HELD: YES
The Inquest investigation conducted by the State
Prosecutor is void because under Rule 112 Sec. 7 of
ROC, an inquest investigation is only valid when the
suspect is lawfully arrested without warrant.
In this case, San Agustin was not lawfully arrested.
HOWEVER, lack of preliminary investigation does not
affect jurisdiction of courts, neither does it affect the
validity of the Information.
Thus, it is not a valid ground to quash the Information
or release the petitioner from detention.
The proper procedure is for the RTC to suspend the
proceedings and order a preliminary investigation.