This document outlines the revised rules of criminal procedure for conducting preliminary investigations in the Philippines. It discusses:
1) The process for preliminary investigations, which includes filing a complaint accompanied by affidavits and evidence, allowing the respondent to submit counter-affidavits within 10 days, and the investigating officer determining within 10 days of receiving counter-affidavits if there is sufficient ground to hold the respondent for trial.
2) The officers authorized to conduct preliminary investigations, such as prosecutors, judges, and other authorized officers.
3) The resolution process, where the investigating prosecutor must determine if there is cause to hold the respondent for trial and prepare a resolution and information, or recommend dismissal.
4) Spec
This document outlines the revised rules of criminal procedure for conducting preliminary investigations in the Philippines. It discusses:
1) The process for preliminary investigations, which includes filing a complaint accompanied by affidavits and evidence, allowing the respondent to submit counter-affidavits within 10 days, and the investigating officer determining within 10 days of receiving counter-affidavits if there is sufficient ground to hold the respondent for trial.
2) The officers authorized to conduct preliminary investigations, such as prosecutors, judges, and other authorized officers.
3) The resolution process, where the investigating prosecutor must determine if there is cause to hold the respondent for trial and prepare a resolution and information, or recommend dismissal.
4) Spec
This document outlines the revised rules of criminal procedure for conducting preliminary investigations in the Philippines. It discusses:
1) The process for preliminary investigations, which includes filing a complaint accompanied by affidavits and evidence, allowing the respondent to submit counter-affidavits within 10 days, and the investigating officer determining within 10 days of receiving counter-affidavits if there is sufficient ground to hold the respondent for trial.
2) The officers authorized to conduct preliminary investigations, such as prosecutors, judges, and other authorized officers.
3) The resolution process, where the investigating prosecutor must determine if there is cause to hold the respondent for trial and prepare a resolution and information, or recommend dismissal.
4) Spec
THE REVISED RULES OF CRIMINAL Section 3. Procedure.
The for examination or copying by The hearing shall be held
PROCEDURE preliminary investigation shall be the respondent at his within ten (10) days from conducted in the following manner: expense. submission of the counter- (As amended, December 1, 2000) affidavits and other (a) The complaint shall state Objects as evidence need not documents or from the the address of the respondent be furnished a party but shall expiration of the period for RULE 112 and shall be accompanied by be made available for their submission. It shall be the affidavits of the examination, copying, or terminated within five (5) complainant and his photographing at the expense days. Preliminary Investigation witnesses, as well as other of the requesting party. supporting documents to (f) Within ten (10) days after Section 1. Preliminary investigation establish probable cause. (c) Within ten (10) days from the investigation, the defined; when required. Preliminary They shall be in such number receipt of the subpoena with investigating officer shall investigation is an inquiry or of copies as there are the complaint and supporting determine whether or not proceeding to determine whether there respondents, plus two (2) affidavits and documents, the there is sufficient ground to is sufficient ground to engender a well- copies for the official file. The respondent shall submit his hold the respondent for trial. founded belief that a crime has been affidavits shall be subscribed counter-affidavit and that of (3a) committed and the respondent is and sworn to before any his witnesses and other probably guilty thereof, and should be supporting documents relied Section 4. Resolution of investigating prosecutor or government held for trial. official authorized to upon for his defense. The prosecutor and its review. If the administer oath, or, in their counter-affidavits shall be investigating prosecutor finds cause to Except as provided in section 7 of this subscribed and sworn to and hold the respondent for trial, he shall absence or unavailability, Rule, a preliminary investigation is certified as provided in prepare the resolution and information. before a notary public, each required to be conducted before the paragraph (a) of this section, He shall certify under oath in the of who must certify that he filing of a complaint or information for with copies thereof furnished information that he, or as shown by the personally examined the an offense where the penalty by him to the complainant. record, an authorized officer, has affiants and that he is prescribed by law is at least four (4) The respondent shall not be personally examined the complainant satisfied that they voluntarily years, two (2) months and one (1) day allowed to file a motion to and his witnesses; that there is executed and understood without regard to the fine. (1a) dismiss in lieu of a counter- reasonable ground to believe that a their affidavits. affidavit. crime has been committed and that the Section 2. Officers authorized to (b) Within ten (10) days after accused is probably guilty thereof; that conduct preliminary investigations. (d) If the respondent cannot the filing of the complaint, the the accused was informed of the investigating officer shall be subpoenaed, or if complaint and of the evidence The following may conduct preliminary either dismiss it if he finds no subpoenaed, does not submit submitted against him; and that he was investigations: ground to continue with the counter-affidavits within the given an opportunity to submit (a) Provincial or City investigation, or issue a ten (10) day period, the controverting evidence. Otherwise, he Prosecutors and their subpoena to the respondent investigating officer shall shall recommend the dismissal of the assistants; attaching to it a copy of the resolve the complaint based complaint. complaint and its supporting on the evidence presented by (b) Judges of the Municipal the complainant. Within five (5) days from his resolution, Trial Courts and Municipal affidavits and documents. he shall forward the record of the case Circuit Trial Courts; The respondent shall have (e) The investigating officer to the provincial or city prosecutor or the right to examine the may set a hearing if there are chief state prosecutor, or to the (c) National and Regional facts and issues to be clarified State Prosecutors; and evidence submitted by the Ombudsman or his deputy in cases of complainant which he may from a party or a witness. The offenses cognizable by the (d) Other officers as may be not have been furnished and parties can be present at the Sandiganbayan in the exercise of its authorized by law. to copy them at his expense. hearing but without the right original jurisdiction. They shall act on If the evidence is voluminous, to examine or cross-examine. the resolution within ten (10) days from Their authority to conduct preliminary They may, however, submit to investigations shall include all crimes the complainant may be their receipt thereof and shall required to specify those the investigating officer immediately inform the parties of such cognizable by the proper court in their questions which may be respective territorial jurisdictions. (2a) which he intends to present action. against the respondent, and asked to the party or witness these shall be made available concerned. No complaint or information may be the case which shall include: (a) the Section 6. When warrant of arrest may (b) By the Municipal Trial Court. filed or dismissed by an investigating warrant, if the arrest is by virtue of a issue. (a) By the Regional Trial When required pursuant to the second prosecutor without the prior written warrant; (b) the affidavits, counter- Court. Within ten (10) days from the paragraph of section 1 of this Rule, the authority or approval of the provincial affidavits and other supporting filing of the complaint or information, preliminary investigation of cases or city prosecutor or chief state evidence of the parties; (c) the the judge shall personally evaluate the falling under the original jurisdiction of prosecutor or the Ombudsman or his undertaking or bail of the accused and resolution of the prosecutor and its the Metropolitan Trial Court, Municipal deputy. the order for his release; (d) the supporting evidence. He may Trial Court in Cities, Municipal Trial transcripts of the proceedings during immediately dismiss the case if the Court, or Municipal Circuit Trial Court Where the investigating prosecutor the preliminary investigation; and (e) evidence on record clearly fails to may be conducted by either the judge recommends the dismissal of the the order of cancellation of his bail establish probable cause. If he finds or the prosecutor. When conducted by complaint but his recommendation is bond, if the resolution is for the probable cause, he shall issue a the prosecutor, the procedure for the disapproved by the provincial or city dismissal of the complaint. warrant of arrest, or a commitment issuance of a warrant or arrest by the prosecutor or chief state prosecutor or order if the accused has already been judge shall be governed by paragraph the Ombudsman or his deputy on the Within thirty (30) days from receipt of arrested pursuant to a warrant issued (a) of this section. When the ground that a probable cause exists, the records, the provincial or city by the judge who conducted the investigation is conducted by the judge the latter may, by himself, file the prosecutor, or the Ombudsman or his preliminary investigation or when the himself, he shall follow the procedure information against the respondent, or deputy, as the case may be, shall complaint or information was filed provided in section 3 of this Rule. If the direct any other assistant prosecutor or review the resolution of the pursuant to section 7 of this Rule. In findings and recommendations are state prosecutor to do so without investigating judge on the existence of case of doubt on the existence of affirmed by the provincial or city conducting another preliminary probable cause. Their ruling shall probable cause, the judge may order prosecutor, or by the Ombudsman or investigation. expressly and clearly state the facts the prosecutor to present additional his deputy, and the corresponding and the law on which it is based and evidence within five (5) days from information is filed, he shall issue a If upon petition by a proper party under the parties shall be furnished with such rules as the Department of notice and the issue must be resolved warrant of arrest. However, without copies thereof. They shall order the by the court within thirty (30) days from waiting for the conclusion of the Justice may prescribe or motu proprio, release of an accused who is detained the filing of the complaint of investigation, the judge may issue a the Secretary of Justice reverses or if no probable cause is found against modifies the resolution of the provincial information. warrant of arrest if he finds after an him. (5a) examination in writing and under oath or city prosecutor or chief state prosecutor, he shall direct the of the complainant and his witnesses in prosecutor concerned either to file the the form of searching question and corresponding information without answers, that a probable cause exists conducting another preliminary and that there is a necessity of placing investigation, or to dismiss or move for the respondent under immediate dismissal of the complaint or custody in order not to frustrate the information with notice to the parties. ends of justice. The same rule shall apply in (c) When warrant of arrest not preliminary investigations conducted necessary. A warrant of arrest shall by the officers of the Office of the not issue if the accused is already Ombudsman. (4a) under detention pursuant to a warrant Section 5. Resolution of investigating issued by the municipal trial court in judge and its review. Within ten (10) accordance with paragraph (b) of this days after the preliminary investigation, section, or if the complaint or the investigating judge shall transmit information was filed pursuant to the resolution of the case to the section 7 of this Rule or is for an provincial or city prosecutor, or to the offense penalized by fine only. The Ombudsman or his deputy in cases of court shall then proceed in the exercise offenses cognizable by the of its original jurisdiction. (6a) Sandiganbayan in the exercise of its original jurisdiction, for appropriate action. The resolution shall state the findings of facts and the law supporting his action, together with the record of Section 7. When accused lawfully Section 8. Records. (a) Records (b) If filed with the Municipal arrested without warrant. When a supporting the information or Trial Court. If the complaint person is lawfully arrested without a complaint. An information or or information is filed directly warrant involving an offense which complaint filed in court shall be with the Municipal Trial Court requires a preliminary investigation, the supported by the affidavits and or Municipal Circuit Trial complaint or information may be filed counter-affidavits of the parties and Court for an offense covered by a prosecutor without need of such their witnesses, together with the other by this section, the procedure investigation provided an inquest has supporting evidence and the resolution in section 3(a) of this Rule been conducted in accordance with on the case. shall be observed. If within existing rules. In the absence or ten (10) days after the filing of unavailability of an inquest prosecutor, (b) Record of preliminary investigation. the complaint or information, the complaint may be filed by the The record of the preliminary the judge finds no probable offended party or a peace office investigation, whether conducted by a cause after personally directly with the proper court on the judge or a fiscal, shall not form part of evaluating the evidence, or basis of the affidavit of the offended the record of the case. However, the after personally examining in party or arresting officer or person. court, on its own initiative or on motion writing and under oath the of any party, may order the production complainant and his Before the complaint or information is of the record or any its part when witnesses in the form of filed, the person arrested may ask for a necessary in the resolution of the case searching question and preliminary investigation in accordance or any incident therein, or when it is to answers, he shall dismiss the with this Rule, but he must sign a be introduced as an evidence in the same. He may, however, waiver of the provisions of Article 125 case by the requesting party. (8a) require the submission of of the Revised Penal Code, as additional evidence, within ten Section 9. Cases not requiring a amended, in the presence of his (10) days from notice, to preliminary investigation nor covered counsel. Notwithstanding the waiver, determine further the he may apply for bail and the by the Rule on Summary Procedure. investigation must be terminated within existence of probable cause. If the judge still finds no fifteen (15) days from its inception. (a) If filed with the prosecutor. probable cause despite the After the filing of the complaint or If the complaint is filed additional evidence, he shall, information in court without a directly with the prosecutor within ten (10) days from its preliminary investigation, the accused involving an offense submission or expiration of may, within five (5) days from the time punishable by imprisonment said period, dismiss the case. he learns of its filing, ask for a of less four (4) years, two (2) When he finds probable preliminary investigation with the same months and one (1) day, the cause, he shall issue a right to adduce evidence in his defense procedure outlined in section warrant of arrest, or a as provided in this Rule. (7a; sec. 2, 3(a) of this Rule shall be commitment order if the R.A. No. 7438) observed. The prosecutor accused had already been shall act on the complaint arrested, and hold him for based on the affidavits and trial. However, if the judge is other supporting documents satisfied that there is no submitted by the complainant necessity for placing the within ten (10) days from its accused under custody, he filing. may issue summons instead of a warrant of arrest. (9a)
Tunde O. Sosanya v. Bob Anthony, Commissioner Jim Proctor Larry Schroeder Edwin Farrar George Mathai George Kiser Oklahoma Corporation Commission, 61 F.3d 916, 10th Cir. (1995)