Case Name: San Diego v. Hernandez G.R. No. L 23796 Date: July 23, 1968 Petitioner: Hon.

. Lourdes San Diego Respondent: Hon. Fernando Hernandez Crime: Frustrated Murder Lower court decision: N/A Court of Appeals decision: issued writ of prelim. injuction to annul info. Against respondents and to restrain Judge San Diego from proceeding with the trial Supreme Court decision: writ of prelim. Injunction by C.A. is ANNULLED. Facts: The Assistant City Fiscal Grecia filed an information of a criminal case of frustrated murder for the alleged mauling of Manuel Abella. The case was against 5 persons named therein and 3 other persons designated as John Doe, Richard Doe and Peter Doe. Modesto Obispo and Cipriano Valeriano were among those implicated in the mauling but they were not named for the reason that only the victim Abella identified them while his two other witnesses were negative in their identification of the two, aside from the fact that they were able to present witnesses to show that they did not participate in the mauling. The Secretary of Justice then designated State Prosecutor Villa to assist in the investigation and the latter recommended the dismissal of the case insofar as Obispo and Valeriano were concerned because Abella had refused to testify. Such was disapproved by the Secretary and ordered to secure Abellas testimony. On arraignment, Judge San Diego asked Grecia about the identity of John Doe, Richard Doe and Peter Doe. Grecia answered that the first 2 were Obispo and Valeriano and with that Judge San Diego authorized Grecia to replace the information with their true names. Warrants of arrest were then issued. Respondents were denied when they moved to set aside the warrant and so they posted their respective bail bonds and moved to quash the information on the ground of absence of a preliminary investigation and the consequent lack of authority to file said pleading. Issue: whether or not, preliminary investigation is required before being included in a pleading. Ruling: NO. The Constitution does not require the holding of preliminary investigations. The right thereto exist only, if and when created by statute. When so created, the absence of a preliminary investigation if not waived may amount to a denial of due process. Sec. 8 Revised Charter of Quezon City: In case triable only in the Court of First Instance the defendant shall not be entitled as of right to preliminary examina tion. xxx but the Court of First Instance may make such summary investigation into the case as it may deem necessary to enable it to fix bail or to determine whether the offense is bailable. Thus, the defendant in a case triable only in the Court of First Instance of Quezon City, shall not be entitled as of righ t to preliminary investigation. Inserting the true names of those accused do not violate the Fundamental Law, statutes and do not constitute a denial of due process.