WHAT IS THE REMEDY OF THE PERSON ARRESTED WITHOUT WARRANT IF HE WANTS A PRELIMINARY INVESTIGATION?
> Before the complaint or information is filed, he may ask for a preliminary investigation provided he signs a waiver of his rights under Article 125 of the RPC (Delay in the Delivery to Judicial Authorities) in the presence of counsel
o He may still apply for bail in spite of the waiver
o The investigation must be terminated within 15 days
> After the complaint was filed but before arraignment, the accused may within 5 days from the time he learns of the filing, ask for a preliminary investigation