RULE 112

Preliminary Investigation

Section 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 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 7
of this Rule. In case of doubt on the existence of probable cause, the judge may order the prosecutor to
present additional evidence within five (5) days from notice and the issue must be resolved by the court
within thirty (30) days from the filing of the complaint of information.

(b) By the Municipal Trial Court. When required pursuant to the second paragraph of section 1 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 judge or the prosecutor. When conducted by the prosecutor, the procedure for the
issuance of a warrant or arrest by the judge shall be governed by paragraph (a) of this section. When the
investigation is conducted by the judge himself, he shall follow the procedure provided in section 3 of this
Rule. If the 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 warrant of arrest if he
finds after an examination in writing and under oath of the complainant and his witnesses in the form of
searching question 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.

(c) When warrant of arrest not necessary. 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 section 7 of this Rule or is for an offense
penalized by fine only. The court shall then proceed in the exercise of its original jurisdiction. (6a)

RULE 113

Arrest

Section 5. Arrest without warrant; when lawful. A peace officer or a private person may, without a
warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

(b) When an offense has just been committed, and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.

In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith
delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of
Rule 112. (5a)