Week 6 - Preliminary Investigation and Inquest Part 1 - Provisions Flashcards
Rule 112. Sec. 1. Preliminary investigation defined; when required. –
Rule 112. Sec. 1. Preliminary investigation defined; when required. – P I I A I O P T D W T I S G T E A W-F B T A C H B C A T R I P G T, A S B H F T.
E A P I S 7 O T R, A P I I R T B C B T F O A C O I F A O W T P P B L I A L F (4) Y, T (2) M A O (1) D W R T T F.
What is a preliminary investigation?
[A] [p]reliminary 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. (Rule 112. Sec. 1.)
Rule 112. Sec. 1.
Rule 112. Sec. 1. Preliminary investigation defined; when required.
When should a preliminary investigation be conducted?
A preliminary investigation should 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. (Rule 112 Sec. 1).
RJCL. Sec. 13. Taking Custody of a Child Without a Warrant.
RJCL. Sec. 13. Taking Custody of a Child Without a Warrant. - T L E O O A P P T I C A C I C W T L W A W S O T P I S 5, 8, A 9 O R 113 O T R R O C P A S F D T C T T N P S. T C S B P A I A W S 7 O R 112 O T R O C P.
Rule 112. Sec. 1. Preliminary investigation defined; when required. – Preliminary investigation is an […] that a crime has been committed and the respondent is […].
Except […], a preliminary investigation is […] before […] is at least […].
Rule 112. Sec. 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 7 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..
RJCL. Sec. 13. Taking Custody of a Child Without a Warrant. – The law enforcement officer or […] in conflict with the law […] shall […] and shall forthwith […]. The child shall be […].
RJCL. Sec. 13. Taking Custody of a Child Without a Warrant. – The law enforcement officer or a private person taking into custody a child in conflict with the law without a warrant shall observe the provisions in Sections 5, 8 and 9 of Rule 113 of the Revised Rules of Criminal Procedure and shall forthwith deliver the child to the nearest police station. The child shall be proceeded against in accordance with Section 7 of Rule 112 of the Rules of Criminal Procedure.
RJCL. Sec. 18. Preliminary Investigation.
RJCL. Sec. 18. Preliminary Investigation – A F A C W T R, T P I O A C I C W T L S B G B S 3 O R 112 O T R R O C P. A S T P S B A T C T I, P I A P O T C I A C I C W T L. T C, O T O H, S B A B A P L O I N, A L F T P A O. I T I A A O E O T O I - T O A C I C W T L D C O D, I S B T D O T P T I T S.
RJCL. Sec. 18. Preliminary Investigation. – As far as consistent with this Rule, the preliminary investigation of a child […]. A […] shall be assigned to […]. The child, on the other hand, shall […]. If there is an allegation […] during […], it shall be the […].
RJCL. Sec. 18. Preliminary Investigation. – As far as consistent with this Rule, the preliminary investigation of a child in conflict with the law shall be governed by Section 3 of Rule 112 of the Revised Rules of Criminal Procedure. A specially trained prosecutor shall be assigned to conduct the inquest, preliminary investigation and prosecution of the case involving a child in conflict with the law. The child, on the other hand, shall be assisted by a private lawyer or if none, a lawyer from the Public Attorney’s Office. If there is an allegation or evidence of torture or ill-treatment of a child in conflict with the law during custody or detention, it shall be the duty of the prosecutor to investigate the same.
Rule 112. Sec. 2. Officers authorized to conduct preliminary investigations.
Rule 112. Sec. 2. Officers authorized to conduct preliminary investigations. – T F M C P I:
(a) P O C P A T A;
(b) N A R S P; A
(c) O O A M B A B L.
T A T C P I S I A C C B T P C I T R T J.
Rule 112. Sec. 3. (a). Procedure.
Rule 112. Sec. 3. (a). Procedure. – The preliminary investigation shall be conducted in the following manner:
(a) T C S S T A O T R A S B A B T A O T C A H W, A W A O S D T E P C. T S B I S N O C A T A R, P T (2) C F T O F. T A S B S A S T B A P O G O A T A O, O, I T A O U, B A N P, E O W M C T H P E T A A T H I S T T V E A U T A.
What are the requirements of the complaint under Sec. 3 Rule 112?
The complaint:
- state the address of the respondent;
- accompanied by the affidavits of the complainant and his witnesses;
- accompanied by other supporting documents to establish probable cause;
- in such number of copies are there are respondents, plus two (2) copies for the official file.
What are the requirements of the affidavits accompanying the complaint?
The affidavits shall be:
- subscribed and sworn to before any prosecutor or government official authorized to administer oath
- or in their absence or unavailability, before a notary public
- Each of the officers (prosecutor, gov’t official, notary public) must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits.
Rule 112. Sec. 3. (b) – Procedure.
Rule 112. Sec. 3. (b). Procedure – The preliminary investigation shall be conducted in the following manner:
(xxx xxx)
(b) W T (10) D A T F O T C, T I O S E D I I H F N G T C W T I, O I A S T T R A T I A C O T C A I S A A D.
T R S H T R T E T E S B T C W H M N H B F A T C T A H E. I T E I V, T C M B R T S T W H I T P A T R, A T S B M A F E O C B T R A H E.
O A E N N B F A P B S B M A F E, C, O P A T E O T R P.
Rule 112. Sec. 3. (a). Procedure. – The preliminary investigation shall be conducted in the following manner:
(a) The complaint shall state […], as well as […]. They shall be in such number of […]. The affidavits shall be […] or […] a notary public, each of whom must certify that […] and that he […].
Rule 112. Sec. 3. (a). Procedure. – The preliminary investigation shall be conducted in the following manner:
(a) The complaint shall state the address of the respondent and shall be accompanied by the affidavits 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 two (2) copies for the official file. The affidavits shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath, 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.
Rule 112. Sec. 3. (b). Procedure. – The preliminary investigation shall be conducted in the following manner:
(xxx xxx)
(b) Within […], the investigating officer shall […], or […] attaching to it […].
The respondent shall have the […] which he may not have been furnished and to copy them […]. If the evidence is voluminous, […], and these shall be made available […].
Objects as evidence need not be […] for examination, copying, or photographing at the expense of the requesting party.
Rule 112. Sec. 3. (b). Procedure. – The preliminary investigation shall be conducted in the following manner:
(xxx xxx)
(b) Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents.
The respondent 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 complainant 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.
Objects as evidence need not be furnished a party but shall be made available for examination, copying, or photographing at the expense of the requesting party.
Rule 112. Sec. 3. (c) Procedure.
Rule 112. Sec. 3. (c). Procedure. – The preliminary investigation shall be conducted in the following manner:
(xxx xxx)
(c) W T (10) D F R O T S W T C A S A A D, T R S S H C-A A T O H W A O S D R U F H D. T C-A S B S A S T A C A P I P (A) O T S, W C T F B H T T C. T R S N B A T F A M T D I L O A C-A.
Rule 112. Sec. 3. (c). Procedure. – The preliminary investigation shall be conducted in the following manner:
(xxx xxx)
(c) Within […] with the […], the respondent shall […]. The counter-affidavits shall be […], with copies thereof furnished by him to […]. The respondent shall not be allowed […].
Rule 112. Sec. 3. (c). Procedure. – The preliminary investigation shall be conducted in the following manner:
(xxx xxx)
(c) Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents 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 dismiss in lieu of a counter-affidavit.
Rule 112. Sec. 3. (d) Procedure.
Rule 112. Sec. 3. (d) Procedure. – The preliminary investigation shall be conducted in the following manner:
(xxx xxx)
(d) I T R C B S, O I S, D N S C-A W T T (10) D P, T I O S R T C B O T E P B T C.
Rule 112. Sec. 3. (d) Procedure. – The preliminary investigation shall be conducted in the following manner:
(xxx xxx)
(d) If the respondent cannot be subpoenaed, or if subpoenaed,[…], the investigating officer shall resolve the complaint […].
Rule 112. Sec. 3. (d) Procedure. – The preliminary investigation shall be conducted in the following manner:
(xxx xxx)
(d) If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the ten (10) day period, the investigating officer shall resolve the complaint based on the evidence presented by the complainant.
Rule 112. Sec. 3. (e). Procedure.
Rule 112. Sec. 3. (e). Procedure. – The preliminary investigation shall be conducted in the following manner:
(xxx xxx)
(e) T I O M S A H I T A F A I T B C F A P O A W. T P C B P A T H B W T R T E O C-E. T M, H, S T T I O Q W M B A T T P O W C.
T H S B H W T (10) D F S O T C-A A O D O F T E O T P F T S. I S B T W F (5) D.
Rule 112. Sec. 3. (e). Procedure. – The preliminary investigation shall be conducted in the following manner:
(xxx xxx)
(e) The investigating officer may set a hearing if […]. The parties can be present at the hearing but […]. They may, however, […].
The hearing shall be held within ten (10) days from […]. It shall […].
Rule 112. Sec. 3. (e). Procedure. – The preliminary investigation shall be conducted in the following manner:
(xxx xxx)
(e) The investigating officer may set a hearing 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 examine or cross-examine. They may, however, submit to the investigating officer questions which may be asked to the party or witness concerned.
The hearing shall be held within ten (10) days from submission of the counter-affidavits and other documents or from the expiration of the period of their submission. It shall be terminated within five (5) days.
