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Question
During a preliminary investigation conducted by the Municipal Prosecutor into a complaint for malversation and falsification in the local government payroll system, the accused, Jun Cruz, was duly summoned and notified to appear on the scheduled date but failed to attend due to a medical emergency. The prosecutor proceeded with the investigation, hearing the complainant and two witnesses, and thereafter issued a Resolution finding probable cause and directing the filing of information in the proper court. Jun, through counsel, contends that his absence violated due process and seeks reinvestigation, arguing he was not afforded a fair opportunity to present his defense. In light of the controlling doctrine on the effect of absence at the preliminary investigation, answer: (a) Did Jun’s absence render the preliminary investigation invalid or improperly conducted? (b) What remedies or avenues are available to Jun to challenge or rectify the situation?