Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Revised Criminal Procedure > Rule 112 Preliminary Investigation > Flashcards

Rule 112 Preliminary Investigation Flashcards

1
Q

Section 7 of this Rule, a preliminary investigation is required to be
conducted before the filing of a compliant or information for an offense where the penalty
prescribed by law is at least

A

four (4) years,
two (2) months and
one (1) day
without regard to the fine.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Sec. 2. Officers authorized to conduct preliminary investigations.

A

(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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Their authority to conduct preliminary investigations shall include all crimes cognizable by the

A

proper court in their respective territorial jurisdictions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Sec. 3. Procedure.- The preliminary investigation shall be conducted in the following manner:
(a) The complaint shall state the (—-1—) of the respondent and shall be accompanied by the
(—-2—-) of the complainant and his witnesses, as well as other supporting documents to
establish probable cause. They shall be in such number of copies as there are respondents, plus
(—3—) copies for the official file. The affidavits shall be subscribed and sworn to before (—4—), or, in their absence or
unavailability, before a notary public, each of whom must certify that he personally examined
the affiants and that he is satisfied that they voluntarily executed and understood their
affidavits.

A
  1. address
  2. affidavits
  3. two (2)
  4. any prosecutor or government official authorized to administer oath
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

(b) Within (—1—) days after the filing of the complaint, the (—2—) shall either dismiss it if he finds no ground to continue with the investigation, or issue a (—3—) to the
respondent attaching to it a copy of the complaint and its supporting affidavits and documents

A
  1. ten (10)
  2. investigating officer
  3. subpoena
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

The (—1—) shall have the right to examine the evidence submitted by the complainant
which he may not have been furnished and to copy them at his expense. If the evidence is
voluminous, the (—2—) may be required to specify those which he intends to present
against the respondent, and these shall be made available for examination or copying by the
respondent at his expense

A
  1. respondent

2. complainant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q 
Objects as (---1---) need (---2---) be furnished a party but shall be made available for examination,  
copying, or photographing at the expense of the requesting party
A
  1. evidence

2. Not

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

(c) Within (—1—) days from receipt of the subpoena with the complaint and supporting
affidavits and documents, the respondent shall submit his (—2—) relied upon for his defense. The counter-affidavits
shall be subscribed and sworn to and certified as provided in paragraph (a) of this section, with
copies thereof furnished by him to the complainant. The respondent shall not be allowed to file
a motion to (—3—) in lieu of a counter-affidavit. (d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-
affidavits within the ten (10) day period, the investigating office shall (—4—) the complaint
based on the evidence presented by the complainant.

A

1.ten (10)
2. counter-affidavit and that of his
witnesses and other supporting documents
3. dismiss
4. resolve

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

(e) The investigating officer may set a (—1—) if there are facts and issues to be clarified from a
party or a witness. The parties can be present at the hearing but without the right to (—2—). They may, however, submit to the investigating officer (—3—) which may
be asked to the party or witness concerned

A
  1. hearing
  2. examine or cross examine
  3. questions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

The hearing shall be held within (—1—) days from submission of the counter-affidavits and
other documents or from the expiration of the period for their submission. It shall be terminated within (—2—) days

A
  1. ten (10)

2. five (5)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

(f) Within ten (10) days after the (—1—), the investigating officer shall determine whether
or not there is sufficient ground to hold the respondent for (—2—).

A
  1. investigation

2. trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Sec. 4. Resolution of investigating prosecutor and its review. - If the investigating prosecutor
finds cause to hold the respondent for trial, he shall prepare the (—1—). He
shall certify under oath in the (—2—) that he, or as shown by the record, an (—3—), has personally examined the complainant and his witnesses; that there is reasonable
ground to believe that a crime has been committed and that the accused is probably guilty
thereof; that the accused was informed of the complaint and of the evidence submitted against
him; and that he was given an opportunity to submit (—4—) evidence. Otherwise, he
shall recommend the (—5—) of the complaint.

A
  1. resolution and information
  2. information
  3. authorized officer
  4. controverting
  5. dismissal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Within (—1—) days from his resolution, he shall forward the record of the case to the (—2—) cognizable by the Sandiganbayan in the exercise of its original jurisdiction. They shall
act on the resolution within (—3—)days from their receipt thereof and shall immediately
inform the parties of such action

A
  1. five (5)
  2. provincial
    or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of
    offenses
  3. ten (10)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

No complaint or information may be filed or dismissed by an (—1—) without
the prior written authority or approval of the provincial or city prosecutor or chief state
prosecutor or the Ombudsman or his deputy.

A
  1. investigating prosecutor
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Where the investigating prosecutor recommends the dismissal of the complaint but his
recommendation is disapproved by the (—1—) on the ground that a probable cause exists, the latter may, by
himself, file the (—2—) against the respondent, or direct another assistant prosecutor or
state prosecutor to do so without conducting another preliminary investigation. If upon (—3—) by a proper party under such rules as the Department of Justice may prescribe
or motu propio (by one’s own will), the Secretary of Justice (—4—) the resolution of the provincial or
city prosecutor or chief state prosecutor, he shall direct the prosecutor concerned either to file
the corresponding information without conducting anther preliminary investigation, or to dismiss
or or move for dismissal of the complaint or information with notice to the parties. The same rule
shall apply in preliminary investigations conducted by the officers of the Office of the
Ombudsman.

A 
1. provincial or city prosecutor or chief state prosecutor or  
the Ombudsman or his deputy
2. information
3. petition
4. reverses or modifies
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Sec. 5. Resolution of investigating judge and its review.
- Within ten (10) days after the preliminary investigation, the investigating judge shall transmit
the (—1—) of the case to the provincial or city prosecutor, or to the Ombudsman or his
deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original
jurisdiction, for appropriate action. The resolution shall state the (—2—) of facts and the law
supporting his action, together with the (—3—) of the case which shall include: (a) the warrant,
if the arrest is by virtue of a warrant; (b) the affidavits, counter-affidavits and other supporting
evidence of the parties; (c) the (—4—) of the accused and the order for his release;
(d) the (—5—) of the proceedings during the preliminary investigation; and (e) the order of
cancellation of his bail bond, if the resolution is for the (—6—) of the complaint

A
  1. resolution
  2. findings
  3. record
  4. undertaking or bail
  5. transcripts
  6. dismissal
17
Q

Within (—1—) days from receipt of the records, the provincial or city prosecutor, or the
Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating (—2—) on the existence of probable cause. Their ruling shall expressly and clearly state the facts
and the law on which it is based and the parties shall be furnished with copies thereof. They
shall order the release of an accused who is detained if (—3—) is found against him.

A
  1. thirty (30)
  2. judge
  3. no probable cause
18
Q

Sec. 6. When warrant of arrest may issue. - (a) By the Regional Trial Court. - Within ten (10)
days from the filing of the complaint or information, the judge shall personally evaluate the
resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case
if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he
shall issue a (—1—) , or a (—2—) 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 7 of this Rule. In case of doubt on
the existence of probable cause, the judge may order the prosecutor to present (—3—) within five (5) days from notice and the issue must be resolved by the court within
(—4—) days from the filing of the complaint of information.

A
  1. warrant of arrest
  2. commitment order
  3. additional evidence
  4. thirty (30)
19
Q

(b) By the Municipal Trial Court. - When required pursuant to the second paragraph of section
of this Rule, the preliminary investigation of cases falling under the original jurisdiction of the
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal
Circuit Trial Court may be conducted by either the (—1—) . When conducted by
the prosecutor, the procedure for the issuance of a warrant of arrest by the judge shall be
governed by paragraph (a) of this section. When the investigation is conducted by the (—2—), he shall follow the procedure provided in section 3 of this Rule. If his findings and
recommendations are affirmed by the provincial or city prosecutor, or by the Ombudsman or his
deputy, and the corresponding information is filed, he shall issue a warrant of arrest. However,
without waiting for the conclusion of the investigation, the judge may issue a (—3—)
if he finds after an examination in writing and under oath of the complainant and his witnesses
in the form of searching questions and answers, that a probable cause exists and that there is a
necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice.

A
  1. judge or the prosecutor
  2. judge himself
  3. warrant of arrest
20
Q

(c) When warrant of arrest not necessary. - A warrant of arrest shall not issue if the accused is already (—1—) pursuant to 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 section 7 of this Rule or is for an offense penalized by (—2—). The court shall them proceed in
the exercise of its original jurisdiction

A
  1. under detention

2. fine only

21
Q

Sec. 7. When accused lawfully arrested without warrant. - When a person is lawfully arrested
without a warrant involving an offense which requires a preliminary investigation, the complaint
or information may be filed by a (—1—) without need of such investigation provided an
(—2—) has been conducted in accordance with existing rules. In the absence or unavailability
of an inquest prosecutor, the complaint may be filed by the offended party or a peace officer
directly with the (—3—) on the basis of the affidavit of the offended party or arresting officer or person.

A
  1. prosecutor
  2. inquest
  3. proper court
22
Q

Before the complaint or information is filed, the person arrested may ask for a preliminary
investigation in accordance with this Rule, but he must sign a waiver of the provision of (—1—), as amended, in the presence of his counsel. Notwithstanding
the waiver, he may apply for (—2—) and the investigation must be terminated within (—3—)
days from its inception (pag-umpisa)

A
  1. Article 125 of the Revised Penal Code
  2. bail
  3. fifteen (15)
23
Q

After the filing of the complaint or information in court without a preliminary investigation, the
accused may, within five (5) days from the time he learns of its filing, ask for a (—1—) with the same right to adduce evidence in his defense as provided in this Rule.

A
  1. preliminary investigation
24
Q

Sec. 8. Records. - (a) Records supporting the information or complaint. - An information or
complaint filed in court shall be supported by the (—1—)

A
  1. affidavits and
    counter-affidavits of the parties and their witnesses,
    together with the other supporting evidence and the
    resolution on the case.
25
Q

(b) Record of preliminary investigation. - The record of the preliminary investigation, whether
conducted by a judge or a prosecutor, shall (—1—) of the case. However,
the court, on its own initiative or on motion of any party, may order the production of the
record or any of its part when necessary in the resolution of the case or any incident therein, or when it is to be introduced as an evidence in the case by the requesting party.

A
  1. not form part of the record
26
Q

Sec. 9. Cases not requiring a preliminary investigation nor covered by the Rule on Summary
Procedure. - (a) If filed with the prosecutor. - If the complaint is filed directly with the
prosecutor involving an offense punishable by imprisonment of less than four (4) years, two (2)
months and one (1) day, the procedure outlined in section (—1—) shall be observed.
The prosecutor shall act on the complaint based on the affidavits and other supporting
documents submitted by the complainant within (—2—) days from its filing.

A
  1. 3(a) of this Rule

2. ten (10)

27
Q

(b) If filed with the Municipal Trial Court. - If the complaint or information is filed with the
Municipal Trial Court or Municipal Circuit Trial Court for an offense covered by this section, the
procedure in section (—1—) shall be observed. If within ten (10) days after the filing
of the complaint or information, the judge finds no probable cause after personally evaluating
the evidence, or after personally examining in writing and under oath the complainant and his
witnesses in the form of searching questions and answers, he shall (—2—) the same. He may,
however, require the submission of (—3—), within ten (10) days from notice, to
determine further the existence of probable cause. If the judge still finds no probable cause
despite the additional evidence, he shall, within ten (10) days from its submission or expiration
of said period, (—4—) the case. When he finds probable cause, he shall issue a (—5—) if the accused had already been arrested, and (—6—) him for trial.
However, if the judge is satisfied that there is no necessity for placing the accused under
custody, he may issue (—7—) instead of a warrant of arrest.

A
  1. 3 (a) of this Rule
  2. dismiss
  3. additional evidence
  4. dismiss
  5. warrant of arrest, or a commitment order
  6. hold
  7. summons
28
Q

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.

A

Preliminary Investigation

Revised Criminal Procedure (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions