EN BANC
G.R. No. L-33125 September 30, 1971
IN THE MATTER OF THE PETITION OF ROMAN DE ASIS FOR A WRIT OF HABEAS CORPUS. ROMAN DE ASIS, petitioner,
vs.
THE HON. HONORIO ROMERO, Presiding Judge, Court of First Instance of Pampanga, Branch III; THE HON. ANTONIO G. P. FAUSTO, Assistant Provincial Fiscal of Pampanga; and THE PROVINCIAL WARDEN OF THE PROVINCE OF PAMPANGA, respondents.
Juan T. David for petitioner.
Provincial Fiscal Regidor Y. Aglipay and Asst. Provincial Fiscal Antonio G. P. Fausto for respondents.
Separate Opinions
BARREDO, J., concurring:
I concur in the result.
In voting in favor of the judgment in this case, I do so with reservations as to question of whether or not the omission of a preliminary examination conducted personally by the judge as required by the Bill of Rights, as distinguished from the preliminary investigation which is not constitutionally provided for, is subject to waiver.ℒαwρhi৷ At the very least, I am very sure that such waiver must be nothing less than express or clearly made with consciousness on the part of the accused of his rights in the premises.
As regards the amendment of the information, I believe that it is better for the petitioner that such amendment is admitted instead of allowing the prosecution to file a separate information which, under settled jurisprudence, can be done inasmuch as the accused in circumstances as those herein obtaining is not considered placed in jeopardy as to the graver offense. In any event, if as stated in the main opinion, evidence is presented during the hearing of the motion for leave to amend, it would not be because the rules so require, but for some other reason. Personally, I consider such evidence unnecessary.
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