Andaya v. Provincial Fiscal of Surigao del Norte

Summary

This prohibition case established that prejudicial questions cannot be raised to stop preliminary investigations by fiscals. The Supreme Court definitively ruled that the proper time to invoke prejudicial questions in criminal cases is after the information has been filed in court, not during the preliminary investigation stage. The Court dismissed petitioners' attempt to stop the preliminary investigation of their falsification case based on a pending civil suit. However, recognizing potential bias, the Court ordered that a different fiscal conduct the investigation since the assigned fiscal had previously prosecuted the same case. This decision clarified important procedural rules about the timing of raising prejudicial questions and reinforced prosecutorial authority during preliminary investigations while ensuring impartiality in quasi-judicial proceedings.