Rule 112

Question 1

Who has the authority to issue a warrant of arrest during a preliminary investigation?
a) Investigating prosecutor
b) Judge
c) Complainant
d) Respondent

Answer 1

b) Judge

Question 2

What is the consequence if the respondent fails to appear during the preliminary investigation?
a) Dismissal of the case
b) Automatic conviction
c) Continuance of the proceedings
d) Issuance of a warrant of arrest

Answer 2

c) Continuance of the proceedings

Question 3

How long does the investigating officer have to issue a subpoena to the respondent after the filing of a complaint?

a) 5 days
b) 10 days
c) 15 days
d) 20 days

Answer 3

b) 10 days

Question 4

Which of the following is NOT authorized to conduct preliminary investigations?

a) Provincial Prosecutors
b) City Prosecutors
c) Judges of Municipal Trial Courts
d) Police Officers

Answer 4

d) Police Officers

Question 5

What is the maximum period for completing a preliminary investigation?

a) 30 days
b) 60 days
c) 90 days
d) 120 days

Answer 5

c) 90 days

Question 6

Discuss the procedure for conducting a preliminary investigation under Rule 112.

Answer 6

It begins with the filing of a complaint accompanied by affidavits and other supporting documents.

The investigating officer, who may be a prosecutor or a judge, evaluates the evidence presented by the complainant.

Within ten days after the filing of the complaint, the investigating officer either dismisses the complaint or issues a subpoena to the respondent, attaching a copy of the complaint and supporting affidavits.

The respondent then has ten days to submit counter-affidavits and other supporting documents.

A hearing may be conducted if necessary. Finally, within ten days after the investigation, the investigating officer determines whether there is sufficient ground to hold the respondent for trial.

Question 7

Explain the significance of probable cause in the context of a preliminary investigation.

Answer 7

Probable cause is a crucial concept in the preliminary investigation process as it determines whether there are sufficient grounds to believe that a crime has been committed and the respondent is probably guilty thereof. It serves as the threshold requirement for initiating criminal proceedings against an individual. Probable cause is based on reasonable belief supported by facts and circumstances that would lead a reasonable person to conclude that the accused is likely to have committed the offense. It acts as a safeguard against arbitrary arrests and prosecutions, ensuring that legal proceedings are initiated only when there is a reasonable basis to suspect wrongdoing.

Question 8

Describe the role of the investigating prosecutor in the preliminary investigation process.

Answer 8

The investigating prosecutor plays a key role in the preliminary investigation process. They are responsible for reviewing the complaint and supporting documents, issuing subpoenas, conducting hearings, and evaluating the evidence presented by both the complainant and the respondent. The investigating prosecutor has the authority to dismiss the complaint if there is insufficient ground to continue with the investigation or to recommend the filing of charges if probable cause is established. Additionally, they ensure that the rights of both the complainant and the respondent are protected throughout the process and that the investigation is conducted in accordance with the principles of fairness and due process.

Question 9

What are the remedies available to the accused if the investigating prosecutor finds probable cause against them?

Answer 9

If the investigating prosecutor finds probable cause against the accused, several remedies are available to them. One option is to file a motion for reconsideration, requesting the prosecutor to review their decision based on new evidence or legal arguments. Alternatively, the accused can seek judicial review by filing a petition for certiorari with the appropriate court, challenging the prosecutor’s finding of probable cause. In some cases, the accused may also opt to enter into a plea bargain or negotiate with the prosecutor for the dismissal of charges or the reduction of penalties in exchange for cooperation or admission of guilt.

Question 10

Discuss the timeline for completing a preliminary investigation as outlined in Rule 112.

Answer 10

Rule 112 specifies the timeline for completing a preliminary investigation to ensure timely resolution of cases. Within 10 days after the filing of the complaint, the investigating officer must either dismiss the complaint if there is no sufficient ground to continue with the investigation or issue a subpoena to the respondent. The respondent then has 10 days to submit counter-affidavits and other supporting documents. If a hearing is conducted, it must be held within 10 days from the submission of counter-affidavits. Finally, within 10 days after the investigation, the investigating officer must determine whether there is sufficient ground to hold the respondent for trial. These strict timelines ensure that the preliminary investigation is conducted promptly and efficiently, respecting the rights of both the complainant and the respondent.

Question 11

The investigating officer may resolve the complaint based on the evidence presented by the complainant if the respondent fails to submit counter-affidavits within ________ days.

Answer 11

10

Question 12

Failure to observe the prescribed procedure in Rule 112 may render the complaint or information ________.

Answer 12

Dismissible

Question 13

The investigating judge shall transmit the resolution of the case to the prosecutor within ________ days after the preliminary investigation.

Answer 13

10

Question 14

The investigating prosecutor shall prepare the resolution and information if he finds cause to hold the respondent for ________.

Answer 14

Trial

Question 15

The respondent may ask for a preliminary investigation within ________ days from the time he learns of the filing of the complaint or information.

Answer 15

5

Question 16

During a preliminary investigation, the complainant presents evidence that was obtained through illegal means. Discuss the steps the respondent can take to challenge the admissibility of this evidence.

Answer 16

A - Acknowledge the presentation of the evidence by the complainant.
L - List down the grounds for challenging the admissibility of the evidence.
A - Assert that the evidence was obtained illegally and should be excluded.
C - Challenge the admissibility of the evidence during the proceedings.

Question 17

The investigating prosecutor recommends dismissal of the complaint due to insufficient evidence. Explain the options available to the complainant to challenge this decision.

Answer 17

A - Acknowledge the recommendation of dismissal by the investigating prosecutor.
L - List down the reasons why the evidence presented is sufficient.
A - Assert that the evidence supports the allegations and warrants further investigation.
C - Challenge the decision of dismissal by filing a motion for reconsideration or appeal.recommendation of dismissal by the investigating prosecutor.

Question 18

Who is responsible for determining whether there is sufficient ground to hold the respondent for trial during a preliminary investigation?

a) Investigating prosecutor
b) Judge
c) Complainant
d) Respondent

Answer 18

Investigating prosecutor

Question 19

What action can the investigating prosecutor take if the respondent fails to submit counter-affidavits within the prescribed period?

a) Dismissal of the complaint
b) Automatic conviction
c) Extension of the investigation period
d) Resolution based on complainant’s evidence

Answer 19

d) Resolution based on complainant’s evidence

Question 20

Who can approve or disapprove the recommendation of dismissal made by the investigating prosecutor?

a) Investigating judge
b) Provincial or city prosecutor
c) Ombudsman
d) All of the above

Answer 20

All of the above

Question 21

What is the period for reviewing the resolution of the investigating judge by the provincial or city prosecutor?
a) 5 days
b) 10 days
c) 15 days
d) 20 days

Answer 21

10 days

Question 22

Under what circumstances can a warrant of arrest be issued by the Regional Trial Court?

a) If the respondent poses a flight risk
b) If there is strong evidence against the respondent
c) If the judge finds probable cause
d) All of the above

Answer 22

Answer: d) All of the above

Question 23

The investigating officer may set a hearing if there are facts and issues to be clarified from a party or a ________.

Answer 23

Witness

Question 24

The investigating judge shall transmit the resolution of the case to the prosecutor within ________ days after the preliminary

Answer 24

10

Question 25

If the investigating prosecutor recommends dismissal of the complaint but his recommendation is disapproved by higher authorities, the latter may, by himself, file the information against the ________.

Answer 25

Respondent

Question 26

An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution on the ________.

Answer 26

Case

Question 27

The respondent shall have the right to examine the evidence submitted by the complainant which he may not have been furnished and to ________ them at his expense.

Answer 27

Copy

Question 28

During a preliminary investigation, the respondent alleges that the complainant fabricated evidence against him. Discuss the steps the respondent can take to challenge the evidence presented.

Answer 28

The investigating officer should take the allegation of coercion seriously and conduct a thorough investigation into the circumstances surrounding the collection of evidence. This may involve questioning witnesses, reviewing documentation, and assessing the credibility of the respondent’s claims. If there is evidence to support the allegation, the investigating officer should exclude the coerced evidence from consideration and ensure that only legally obtained evidence is relied upon in making determinations.

Question 29

The complainant in a preliminary investigation fails to provide supporting documents for their complaint within the prescribed period. How should the investigating officer proceed in this situation?

Answer 29

If the complainant fails to provide supporting documents within the prescribed period, the investigating officer should assess the available evidence and determine whether there is still sufficient ground to continue with the investigation. If the lack of supporting documents undermines the credibility or viability of the complaint, the investigating officer may consider dismissing the complaint for insufficiency of evidence. However, if other evidence exists to support the complaint, the investigating officer may proceed with the investigation based on the available information.

Question 30

Explain the concept of preliminary investigation under Rule 112.

Answer 30

Preliminary investigation, as defined in Rule 112, is an inquiry or proceeding conducted 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, warranting their trial. It serves as a crucial stage in the criminal justice process, allowing for the evaluation of evidence and determination of probable cause before formal charges are filed. During a preliminary investigation, the investigating officer reviews the complaint, affidavits, and other supporting documents, conducts hearings if necessary, and assesses the credibility and sufficiency of the evidence presented. The ultimate goal is to ensure that only cases with merit proceed to trial, safeguarding the rights of both the accused and the state.

Question 31

What is the primary responsibility of the investigating prosecutor under Section 4 of Rule 112?

Answer 31

The primary responsibility of the investigating prosecutor is to prepare the resolution and information if there is sufficient cause to hold the respondent for trial.

Question 32

What is required of the investigating prosecutor when preparing the resolution and information?

Answer 32

When preparing the resolution and information, the investigating prosecutor must certify under oath that they or an authorized officer have personally examined the complainant and witnesses, that there is reasonable ground to believe a crime has been committed and the accused is probably guilty, and that the accused was informed of the complaint and evidence submitted against them, and given an opportunity to submit controverting evidence.

Question 33

Within what timeframe should the investigating prosecutor forward the record of the case to the appropriate authority?

Answer 33

The investigating prosecutor should forward the record of the case to the appropriate authority within five days from the resolution.

Question 34

Can a complaint or information be filed or dismissed by an investigating prosecutor without prior approval from higher authorities?

Answer 34

No, a complaint or information may not be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor, chief state prosecutor, or the Ombudsman or their deputy.

Question 35

What action can be taken if the investigating prosecutor’s recommendation for dismissal is disapproved by higher authorities?

Answer 35

If the investigating prosecutor’s recommendation for dismissal is disapproved by higher authorities due to the existence of probable cause, the higher authority may file the information against the respondent or direct another prosecutor to do so without conducting another preliminary investigation.

Question 36

What are the requirements for the complaint to initiate a preliminary investigation?

Answer 36

The complaint must state the address of the respondent and be accompanied by affidavits of the complainant and witnesses, along with supporting documents to establish probable cause. These affidavits must be subscribed and sworn to before a prosecutor, government official authorized to administer oath, or a notary public.

Question 37

What actions can the investigating officer take within ten days after the filing of the complaint?

Answer 37

Within ten days after the filing of the complaint, the investigating officer shall either dismiss it if there are no grounds to continue with the investigation or issue a subpoena to the respondent, attaching a copy of the complaint and its supporting affidavits and documents.

Question 38

What rights does the respondent have regarding the evidence submitted by the complainant?

Answer 38

The respondent has the right to examine the evidence submitted by the complainant that they have not been furnished with and to copy them at their expense. If the evidence is voluminous, the complainant may be required to specify the evidence they intend to present against the respondent.

Question 39

What happens if the respondent fails to submit counter-affidavits within the ten-day period?

Answer 39

If the respondent cannot be subpoenaed or fails to submit counter-affidavits within the ten-day period, the investigating officer shall resolve the complaint based on the evidence presented by the complainant.

Question 40

When can a hearing be set by the investigating officer, and what is its purpose?

Answer 40

A hearing may be set by the investigating officer if there are facts and issues to be clarified from a party or witness. The purpose of the hearing is to address any clarifications needed, but parties do not have the right to examine or cross-examine during the hearing.

Question 41

What is the timeline for the investigating officer to determine whether there is sufficient ground to hold the respondent for trial?

Answer 41

Within ten days after the investigation, the investigating officer shall determine whether there is sufficient ground to hold the respondent for trial.

Question 42

What is the responsibility of a judge in a Regional Trial Court regarding the issuance of a warrant of arrest?

Answer 42

In a Regional Trial Court, within ten days from the filing of the complaint or information, the judge must personally evaluate the resolution of the prosecutor and its supporting evidence. If the judge finds probable cause, they shall issue a warrant of arrest, or a commitment order if the accused is already in custody. If there is doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five days, and the issue must be resolved within thirty days from the filing of the complaint or information.

Question 43

Under what circumstances can a judge in a Municipal Trial Court issue a warrant of arrest?

Answer 43

In a Municipal Trial Court, a judge may issue a warrant of arrest if the findings and recommendations from the preliminary investigation are affirmed by the provincial or city prosecutor, or by the Ombudsman or their deputy, and the corresponding information is filed. Additionally, a judge may issue a warrant of arrest without waiting for the conclusion of the investigation if, after an examination in writing and under oath of the complainant and witnesses, probable cause exists and there is a necessity to place the respondent under immediate custody.

Question 44

When is a warrant of arrest not necessary according to Section 6(c)?

Answer 44

A warrant of arrest is not necessary if the accused is already under detention pursuant to a warrant issued by the municipal trial court, or if the complaint or information was filed pursuant to section 7 of this Rule or is for an offense penalized by fine only. In such cases, the court shall proceed in the exercise of its original jurisdiction.

Question 45

Within _____ days from the filing of the complaint or information, the judge in a Regional Trial Court shall personally evaluate the resolution of the prosecutor and its supporting evidence to determine the presence of probable cause.

Answer 45

a period of ten days

Question 46

If the judge finds probable cause in a Regional Trial Court, they shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to ______ of this Rule.

Answer 46

the provisions of section 7

Question 47

In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional ______ within five days from notice.

Answer 47

supporting evidence or relevant documents

Question 48

he judge must resolve the issue of probable cause within _____ days from the filing of the complaint or information to ensure timely judicial determination.

Answer 48

a period of thirty days

Question 49

In a Municipal Trial Court, a judge may issue a warrant of arrest without waiting for the conclusion of the investigation if, after an examination in writing and under oath of the complainant and witnesses, probable cause exists and there is a necessity to place the respondent under immediate custody in order not to frustrate the ends of ______.

Answer 49

the ends of justice

Question 50

A warrant of arrest shall not issue if the accused is already under detention pursuant to a warrant issued by the municipal trial court in accordance with paragraph (b) of this section, or if the complaint or information was filed pursuant to ______ of this Rule.

Answer 50

the provisions of section 7

Question 51

The judge shall personally evaluate the resolution of the prosecutor and its supporting evidence to determine the existence of ______, a fundamental requirement for the issuance of a warrant of arrest.

Answer 51

probable cause

Question 52

If the judge finds probable cause, they shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section _____ of this Rule.

Answer 52

section 7

Question 53

In a Municipal Trial Court, if the findings and recommendations from the preliminary investigation are affirmed by the provincial or city prosecutor, or by the Ombudsman or their deputy, and the corresponding information is filed, the judge shall issue a warrant of ______, ensuring adherence to due process.

Answer 53

a warrant of arrest

Question 54

If there is doubt on the existence of probable cause, the judge may order the prosecutor to present additional ______ within five days from notice, emphasizing the importance of comprehensive evidence in judicial proceedings.

Answer 54

supporting evidence or relevant documents