CRIMPRO PI and Inquest

Question 1

Explain Preliminary investigation

Answer 1

Preliminary investigation is generally inquisitorial, and it is often the only means of discovering the persons who may be reasonably charged with a crime, to enable the fiscal to prepare his complaint or information. It is not a trial of the case on the merits and has no purpose except that of determining whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof, and it does not place the person against whom it is taken in jeopardy.

A preliminary investigation is defined as an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that a crime cognizable by the Regional Trial Court has been committed and that the respondent is probably guilty thereof, and should be held for trial. The quantum of evidence now required in preliminary investigation is such evidence sufficient to “engender a well founded belief as to the fact of the commission of a crime and the respondent’s probable guilt thereof. A preliminary investigation is not the occasion for the full and exhaustive display of the parties’ evidence; it is for the presentation of such evidence only as may engender a well founded belief that an offense has been committed and that the accused is probably guilty thereof.

Question 2

Preliminary investigation defined

Answer 2

Under Rule 112, Section 1. Preliminary investigation defined; when required. — Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

Except as provided in Section 6 of this Rule, a preliminary investigation is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine. (1a)

Question 3

The institution of a criminal action depends upon?

Answer 3

the sound discretion of the fiscal. He has the quasi-judicial discretion to determine whether or not a criminal case should be filed in court.9 Hence, the general rule is that an injunction will not be granted to restrain a criminal prosecution.

Question 4

Under Rule 112, Section 2. Officers authorized to conduct preliminary investigations. — The following may conduct preliminary investigations:

Answer 4

(a) Provincial or City Prosecutors and their assistants;

(b) National and Regional State Prosecutors; and

(c) Other officers as may be authorized by law.

Question 5

Rules of Court which establishes the only exception to the right to preliminary investigation, could not apply in respect of petitioner.

Answer 5

Sec. 7 When accused lawfully arrested without warrant. — When a person is lawfully arrested without a warrant for an offense cognizable by the Regional Trial Court the complaint or information may be filed by the offended party, peace officer or fiscal without a preliminary investigation having been first conducted, on the basis of the affidavit of the offended party or arresting office or person

Question 6

The preliminary investigation proper** (Probable Cause) **—

Answer 6

Under the amended Rules reflected in the latest DOJ circulars the standard for preliminary investigations have transitioned to a “reasonable certainty of conviction”as opposed to the traditional “probable cause” standard. The determination can be arrived at upon prima facie evidence, or when the prosecutor is convinced that the entirety of the evidence presented by the parties is admissible, credible and capable of being preserved and presented.

whether or not there is reasonable ground to believe that the accused is guilty of the offense charged and therefore, whether or not he should be subjected to the expense, rigors and embarrassment of trial — is a function of the prosecutor.