This case has been cited 1 times or more.
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2008-04-30 |
CHICO-NAZARIO, J. |
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| The instant case calls to our minds Orquinaza v. People,[31] wherein the concerned police officer therein designated the offense charged as sexual harassment; but, the prosecutor found that there was no transgression of the anti-sexual harassment law, and instead, filed an Information charging therein petitioner with acts of lasciviousness. On a claim that there was deprivation of due process, therein petitioner argued that the Information for acts of lasciviousness was void as the preliminary investigation conducted was for sexual harassment. The court held that the designation by the police officer of the offense is not conclusive as it is within the competence of the prosecutor to assess the evidence submitted and determine therefrom the appropriate offense to be charged. | |||||