GR No. 123456, *Juan Dela Cruz v. People of the Philippines* (January 15, 2023)

FACTS:
Juan Dela Cruz was charged with the crime of theft for allegedly stealing a mobile phone. During the trial, the prosecution presented a witness who claimed to have seen the accused take the phone. The defense moved to exclude the testimony, arguing that the witness was not presented during the preliminary investigation, thereby violating Dela Cruz’s right to due process. The trial court denied the motion and eventually convicted Dela Cruz. On appeal, the Court of Appeals affirmed the conviction. Dela Cruz now assails the decision before the Supreme Court, reiterating his due process claim.

ISSUE

Whether the presentation of a witness during trial who was not presented at the preliminary investigation constitutes a violation of the accused’s right to due process.

RULING

NO. The right to due process is not violated by the presentation of a witness during trial who was not presented at the preliminary investigation. A preliminary investigation is not a trial of the case on the merits and is not intended to discover all evidence in detail. Its purpose is merely to determine whether there is probable cause to believe that an offense has been committed and that the accused is probably guilty thereof. The rights of the accused during a preliminary investigation are statutory, not constitutional, and do not include the right to confront and cross-examine witnesses. The full opportunity to confront and cross-examine witnesses is accorded during the trial proper. Therefore, the prosecution is not precluded from presenting witnesses at the trial who were not presented at the preliminary investigation, provided the accused is given ample opportunity to challenge their testimony during trial. The conviction of Juan Dela Cruz is AFFIRMED.