Rule 112- Preliminary Investigation Flashcards
Define Preliminary Investigation.
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.
When is preliminary investigation should not be instituted?
421: 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.
Who is authorized to conduct preliminary investigations according to Section 2 of the law?
(a) Provincial or City Prosecutors and their assistants;
(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
TAKE NOTE: Their authority extends to conducting preliminary investigations for all crimes within the jurisdiction of the proper court in their respective territorial jurisdictions.
Determine the key procedural steps involved in conducting a preliminary investigation as outlined in Section 3 of the law, and what is the timeline associated with each step?
- File a complaint with the respondent’s details, affidavits, and evidence. Make copies.
- Within 10 days, the investigator either dismisses the case or summons the respondent with copies of the complaint and evidence. The respondent can check and copy the evidence.
- Within 10 days of getting the summons, the respondent submits their response and evidence. They must sign and certify these. No dismissal requests are allowed.
- If the respondent can’t be summoned or doesn’t respond in time, the investigator decides based on the complainant’s evidence.
- The investigator can hold a hearing within 10 days if needed. Parties can attend but can’t question each other. They can provide questions to the investigator. The hearing should finish within 5 days.
- Within 10 days after the investigation, the investigator decides whether there’s enough reason to go to trial.
REMEMBER: ProceduralPath10x10 each step typically has a 10-day timeframe, as outlined in Section 3.
What steps does the investigating prosecutor need to take when deciding whether to hold a respondent for trial?
They must personally examine the complainant and witnesses, determine if there’s reasonable ground to believe a crime occurred and the accused is probably guilty, ensure the accused is informed of the complaint and evidence against them, and offer them a chance to present counter evidence.
What are the key steps and responsibilities of the investigating judge and the prosecutor after the preliminary investigation, and what happens if no probable cause is found?
After the preliminary investigation, the investigating judge must send the case resolution, including findings and evidence, to the prosecutor or Ombudsman.* The prosecutor or Ombudsman reviews it within 30 days, determining if there’s probable cause.* If not, the accused is released. They must provide a clear ruling based on facts and law.
Under what circumstances may a warrant of arrest be issued by a Regional Trial Court, a Municipal Trial Court, or not issued at all, and what procedures must be followed in each case?
For a Regional Trial Court:
- If there’s clear evidence of wrongdoing, the judge can issue an arrest warrant within 10 days.
- If the evidence isn’t clear, the judge can ask for more proof.
For a Municipal Trial Court:
- The judge or prosecutor can investigate cases.
- If they find clear evidence of wrongdoing, they can issue a warrant.
- If urgent, they can issue a warrant based on interviews with the complainant and witnesses.
No warrant is needed:
If the accused is already in custody by a municipal trial court’s warrant.
* If the case was filed under section 7.**
If the offense only results in a fine.
When can a preliminary investigation be skipped for a lawfully arrested person?
When the complaint or information filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules.
What must the arrested person do when requesting a preliminary investigation?
He must sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, in the presence of his counsel. Notwithstanding the waiver, he may apply for bail and the investigation must be terminated within fifteen (15) days from its inception.
When can a person lawfully arrested without a warrant request a preliminary investigation?
A person lawfully arrested without a warrant can request a preliminary investigation before the complaint or information is filed.
Under what circumstances can the court order the production of the record of a preliminary investigation?
The court can order the production of the record or any of its parts when necessary in the resolution of the case or any incident therein, or when it is to be introduced as evidence in the case by the requesting party.
Is the record of a preliminary investigation automatically included in the record of the case?
No, the record of the preliminary investigation, whether conducted by a judge or a prosecutor, does not become part of the record of the case unless ordered by the court in specific circumstances.
What procedure does the prosecutor follow when a complaint involving an offense punishable by less than four years, two months, and one day is filed directly with them?
The prosecutor must act on the complaint based on the affidavits and other supporting documents submitted by the complainant within ten (10) days from its filing, as outlined in section 3(a) of this Rule.
What is the timeframe within which the judge must act on a complaint or information filed with the Municipal Trial Court or Municipal Circuit Trial Court under this section?
The judge must act within ten (10) days after the filing of the complaint or information, either by dismissing the case, requiring additional evidence, or finding probable cause.
What type of cases fall under Section 9 of this Rule, and how are they treated differently from cases requiring a preliminary investigation?
Section 9 covers cases not requiring a preliminary investigation and offenses punishable by imprisonment of less than four* (4) years, two (2) months, and one (1) day.*
***These cases follow a more streamlined procedure, with the prosecutor or judge acting on the complaint based on affidavits and other supporting documents within specific timeframes, and the judge determining probable cause and issuing warrants or summons accordingly.
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