Reviewer.Criminal Procedure.Reyna Amor R.

Condes, CPA

Chapter I
Preliminary Considerations
Basic Concept

CRIMINAL PROCEDURE
- Generic term to describe the network of laws and rules which governs the procedural administration of justice
- It treats of the rules and processes by which the criminal laws are enforced and by which the State prosecutes persons who violates
such laws.
- Provides or regulates the steps by which one who committed a crime is to be punished.

Criminal Procedure vs Criminal Law

Criminal Procedure Criminal Law
Lays down the processes by which an offender is made to answer for What conduct is criminal, defines crimes and prescribes punishment
the crime he committed. for such crimes.
How the offender is to be made liable for his crime Definition of offenses, the penalties applicable for such offenses, and
the formulation of general principles for liability.

ULTIMATE GOAL
Harmonizing the governmental functions of maintaining peace and order and protecting the constitutional rights of this citizens.

REQUISITES FOR THE EXERCISE OF CRIMINAL JURISDICTION

a. Jurisdiction over the Subject Matter;
b. Jurisdiction over the territory; and
c. Jurisdiction over the person of the accused

JURISDICTION
- The power or authority given by the law to a court or tribunal to hear and determine certain controversies.
- It is the power of courts to hear and determine a controversy involving rights which are demandable and enforceable.

Jurisdiction vs Venue
JURISDICTION VENUE
Power of the court to decide the case on the merits. The particular country or geographical area in which a court with
jurisdiction may hear and determine a case- the place of trial.
Substantive Procedural
granted by law or the Constitution and cannot be waived or stipulated venue may be waived or stipulated by the parties

General principles of Jurisdiction

1. Jurisdiction of court over the subject matter is conferred by law determined by the material allegations in the complaint or
information.
o Subject matter: IMPOSABLE PENALTY

2. Venue is Jurisdictional
o A court is bereft of jurisdiction to try an offense committed outside its limited territory
o The offense should have been committed or any of its essential ingredients should have taken place within the territorial
jurisdiction of the court.
o Exception:
 Art 2 of the RPC
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities
issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and securities
mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in Title One of
Book Two of this Code.

 Where an offense is committed in a train, aircraft, or other public or private vehicle while in the course of its trip, the
criminal action shall be instituted and tried in the court of any municipality or territory where such train, aircraft or
other vehicle passed during such its trip, including the place of its departure and arrival.

 Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted
and tried in the court of the first port of entry or of any municipality or territory where the vessel passed during such
voyage, subject to the generally accepted principles of international law.
Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA

 Where the case is cognizable by the Sandiganbayan, the criminal action need not be filed and tried in the palce
where the act was committed but generally, where the court actually sits in QC.

3. Jurisdiction is acquired over a person of accused through valid arrest and voluntary surrender.

4. Judgement, Final Orders, Decisions or Resolutions issued by Court without jurisdiction is Null and Void.

5. Principle of Adherence of Jurisdiction or continuing Jurisdiction

o Once a court has acquired jurisdiction, that jurisdiction continues until the court has done all that it can do in the exercise of
that jurisdiction.
o Except:
 There is an express provision in the statute; or
 Statute clearly intended to apply to actions pending before its enactment

6. Questions of Jurisdiction can be raise and time even for the 1 st time.

7. In the application of concurrent jurisdiction: Hierarchy of Court

8. Doctrine of Transcendental Importance

o It is a principle that the Court, in the exercise of its sound discretion brushes aside the procedural barrier and takes cognizance
of a petition

9. Supreme Court is not trial of fact

10. Doctrine of Primary Jurisdiction

o If a case is such that its determination requires the expertise, specialized training and knowledge of an administrative body,
relief must first be obtained in an administrative proceeding before resort to the courts is had even if the matter may well be
within their proper jurisdiction.

11. Doctrine of Exhaustion of Administrative Remedy

o Courts must allow administrative agencies to carry out their functions and discharge their responsibilities within the specialized
areas of their respective competence.

12. Doctrine of qualified political agency

o Department secretaries are alter egos or assistants of the President and their acts are presumed to be those of the latter
unless disapproved or reprobated by him.

13. Doctrine of Prior Resort

o When a claim originally cognizable in the courts involves issues which, under a regulatory scheme are within the special
competence of an administrative agency, judicial proceedings will be suspended pending the referral of these issues to the
administrative body for its view.

Chapter II
Prosecution of Offenses
Rule 110

Purpose of a criminal action:

 To determine the penal liability of the accused for having outraged the state with his crime and if he be found
guilty, to punish for it.
 Parties to the Action:
o People of the Philippines vs The Accused
 PRIVATE OFFENDED PARTY – merely as a witness for the State

Role of the Private Offended Party

 The offended party is the State
 The interest of the private complainant of the private offended party is limited to the:
a. CIVIL LIABILITY
b. In the prosecution of offense, as witness for the prosecution

Section 1. Institution of criminal actions

Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA

Question:
How criminal actions are instituted?

Answer:
Depends whether or not the offense requires preliminary investigation.

a. Preliminary Investigation- Required:

o A criminal action is instituted by filing the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation

b. Preliminary Investigation- Not Required: Criminal Action is instituted EITHER of two ways:
o by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit
Trial Courts; or
o by filing the complaint with the office of the prosecutor

Note No. 1:
 In Manila and other chartered cities, a special rule prevails.
 GENERAL RULE: complaint shall be filed with the office of the prosecutor
 EXCEPTION: unless otherwise provided in their charters

Note No. 2:
 GENERAL RULE:
There is no direct filing of an information or complaint with the Regional Trial Court under Rule 110
REASON: because its jurisdiction covers offenses which require preliminary investigation

EXCEPTION:
Last sentence of the 1st par of Sec 6 of Rule 112
o 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.

 Offenses where preliminary investigation is not required:

a. Those which the penalty prescribed by law is less than four (4) years, two (2) months and one (1) day
b. Those which are covered by the MTC
c. Those offenses punishable with imprisonment not exceeding six (6) years

Note No. 3:
 GENERAL RULE:
No direct filing with the Metropolitan Trial Court of Manila
REASON: because in Manila, including other chartered cities, the complaint, as a rule, shall be filed with the
office of the prosecutor, unless otherwise provided by their charters.

EXCEPTION:
o In case of a conflict between a city charter and a provision of the Rules of Court, the former, being
substantive law, shall prevail.

Question:
Effect of the Institution of the criminal action on the prescriptive period?

Answer:
The institution of the criminal action shall interrupt the period of prescription of the offense charged unless otherwise
provided in special laws.

Note No. 1:
Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA

 Same will apply with offenses where preliminary investigation is not required
REASON: because it is a mode by which a criminal action is instituted

Note No. 2:
 Rules on prescription for violations of Municipal ordinances and Special Laws

a. RA 3326: (Zaldivia vs Reyes)

The period of prescription shall be suspended, when proceedings are instituted against the guilty
person"
Proceedings refer to: JUDICIAL PROCEEDING and not ADMINISTRATIVE PROCEEDING

Conflict between RA 3326 and RULE 110

 RULE 110 Must yield
 REASON: the Court in exercise of its rule-making power, is not allowed to "diminish, increase
or modify SUBSTANTIVE RIGHTS" under the Constitution

b. Sanrio Co. Ltd vs Lim- case involving violation of Intellectual Property Code
 The filing of the complaint for purposes of preliminary investigation interrupts the period of
prescription of criminal responsibility.

c. Panaguiton, Jr. v. DOJ- FILING OF COMPLAINT FOR VIOLATION OF BP 22 INTERRRUPTS THE RUNNING
OF PRESCRIPTIVE PERIOD
 Filing of a complaint-affidavit before the Office of the City Prosecutor x x x signified the
commencement of the proceedings for the prosecution of the accused and thus, effectively
interrupted the prescriptive period for the offenses they had been charged under.

d. People vs Pangilinan
 There is no more distinction between cases under the RPC and those covered by special laws
with respect to the interruption of the period of prescription.
 In cases involving special laws, this Court held that the institution of proceedings for
preliminary investigation against the accused interrupts the period of prescription.

e. Prevailing Rule:
 Irrespective of whether the offense charged is punishable by the RPC or by Special Law, it is
the filing of the complaint or information in the office of the public prosecutor for purposes
of preliminary investigation that interrupts the period of prescription.

Note No. 3
 The running of the period of prescription is interrupted with the filing of the action even if the court in which
action was first filed is without jurisdiction.

Section 5. Who must prosecute criminal actions

Question:
Who must prosecute the criminal action?

Answer:
GENERAL RULE:
All criminal actions commenced by a complaint or information shall be prosecuted under the direction and control of
the public prosecutor.

Even If there is a private prosecutor, the criminal action is still prosecuted under the direction and control of the PUBLIC
PROSECUTOR.

REASON:
Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA

Criminal offense is an outrage against the sovereignty of the State, it necessarily follows that a representative of the
State shall direct and control the prosecution thereof.

EXCEPTION:
In Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not
available, the (a) offended party, (b) any peace officer, or (c) public officer charged with the enforcement of the law
violated may prosecute the case.

POWER AND DISCRETION OF THE PUBLIC PROSECUTOR:

GENERAL RULE:
a. Determine whether a prima facie case exists,
b. Decide which of the conflicting testimonies should be believed free from the interference or control of the
offended party, and
c. Subject only to the right against self-incrimination, determine which witnesses to present in court.

EXCEPTION:
Where there is an unmistakable showing of grave abuse of discretion on the part of the prosecutor.

Note No. 1
 GENERAL RULE: OSG solely vested with the authority to represent the people in the CA or in the SC
Representation of the PP by the OSG in appeals before the CA or the SC:
o If there is a dismissal of criminal case by the RTC of if there is an acquittal of the accused, it is only the
OSG that may bring an appeal on the criminal aspect representing the People
o The private complainant or the offended party may, however, file an appeal without the intervention
of the OSG but only insofar as the civil liability of the accused is concerned.

 EXCEPTION:
o In all cases elevated to the Sandiganbayan and from the Sandiganbayan to the SC, the Office of the
Ombudsman, through its special prosecutor, shall represent the PP.

EXCEPT:
 Presidential Commission on Good Government- recovery of all ill-gotten wealth accumulated
by former President Ferdinand E. Marcos
 Executive Order No. 14 dated May 7, 1986 was issued vesting in the Sandiganbayan original
and exclusive jurisdiction over all criminal and civil suits filed by the Presidential Commission
on Good Government
 “SECTION 3 of Executive Order No. 14-A. The civil suits to recover unlawfully acquired property
under Republic Act No. 1379 or for restitution, reparation of damages, or indemnification for
consequential and other damages or any other civil actions under the Civil Code or other
existing laws filed with the Sandiganbayan against Ferdinand E. Marcos, Imelda R. Marcos,
members of their immediate family, close relatives, subordinates, close and/or business
associates, dummies, agents and nominees, may proceed independently of any criminal
proceedings and may be proved by a preponderance of evidence.”

Note No. 2
 A private prosecutor may prosecute the criminal action if he is authorized to do so in writing.
 Authorization to the private prosecutor shall be given because:
a. The public prosecutor has a heavy work schedule
b. There is lack of public prosecutors
 EXTENT: The private prosecutor shall continue to prosecute the case up to the end of the trial even in the
absence of a public prosecutor unless the authority is revoked or otherwise withdrawn.
Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA

INTERVENTION OF THE OFFENDED PARTY IN THE PROSECUTION OF THE CRIMINAL ACTIONS:

a. Every person criminally liable for felony is also civilly liable.
Two Entities offended:
1. The society in which he lives in or the political entity called the STATE
2. The individual member of that society whose person, right, honor, chastity or property was actually
or directly injured or damaged by the same punishable act or omission.

b. The civil liability for a crime includes restitution, reparation of the damage caused and indemnification for
consequential damages.

Except:
When the civil liability is extinguished, the offender shall be obliged to satisfy the civil liability resulting from
the crime even if he has already served his sentence.

c. Where the civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the
offended party may intervene by counsel in the prosecution of the offense.

d. Appointment of a private prosecutor

Only allowed where the civil action for the recovery of the civil liability arising from the offense charged is
instituted in the criminal action pursuant to Rule 111.

NOT ALLOWED IF: Offended party

1. Waives the civil action
2. Reserves the right to institute it separately
3. Institute the civil action prior to the criminal action

e. The right reserved by the Rules to the offended party is that of intervening for the sole purpose of enforcing
the civil liability born of the criminal act and not of demanding punishment of the accused.

Sections 2, 3 and 4: Complaint and Information

Question:
Distinctions between a complaint and information.

Answer:
COMPLAINT INFORMATION
Must be sworn under oath Requires no oath, merely requires that it be an accusation
in writing
Subscribed by: Subscribed by the prosecutor
a. Offended party
b. Any peace officer,
c. Or other public officer charged with the
enforcement of the law violated

Sections 6 to 12: SUFFICIENCY OF THE COMPLAINT OR INFORMATION

Question:
Test for sufficiency of the complaint or information.

Answer:
1. Whether the crime is described in intelligible terms with such particularity as to apprised the accused with
reasonable certainty of the offense charged to enable the accused to suitably prepare for his defense.
2. Information must validly charge an offense.
Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA

Valid Charge: the material facts alleged in the complaint or information shall establish the essential elements
of the offense charged.
Question:
Questioning the Insufficiency of the complaint or information.

Answer:
1. Cannot be made for the first time on appeal, accused-appellant should move before arraignment.
Failure to do so: deemed to have waived his objection to any formal defect in the information.

2. Objection, is based on lack of jurisdiction over the subject matter, the same may be raised or considered motu
proprio by the court at any stage of the proceeding or on appeal.

Question:
How the nature of the offense is determined?

Answer:
1. by actual recital of the facts in the complaint or information or citation of the law allegedly violated
2. Facts and circumstances must be determined by reference to the definitions and essentials of the specified
crimes
3. Allegation of the facts in the information that comprises a crime and adequately describes the nature and
cause of the accusation against the accused is the controlling factor, even if the crime in the information is
defective.

Question:
Is it necessary to state the date of the commission of the offense?

Answer:
GENERAL RULE:
It is not necessary to state in the complaint or information the precise date the offense was committed.

EXCEPTION:
The date of commission is a material element of the offense.

Question:
Task of the prosecution?

Answer:
Proving the identity of the accused as the malefactor is the prosecution's primary responsibility.

Twofold task of the prosecutor in criminal cases:

a. To prove beyond reasonable doubt the commission of the crime charged; and
b. To establish with the same quantum of proof the identity of the person of persons responsible therefore
Reason: there can be no conviction without the identity of the malefactor being clearly ascertained.

Note:
 Positive identification pertains essentially to the proof of identity.
 Mistake in the name is not equivalent and does not necessarily amount to mistake in the identity.
 What matters in convicting an accused is his identification as the person who committed the crime, not the
name under which he was arrested or charged.
 Identification of a malefactor, to be positive and sufficient for conviction does not always require direct
evidence from an eyewitness.

TWO TYPES OF POSITIVE IDENTIFICATION:

a. DIRECT EVIDENCE
Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA

 A witness may identify a suspect or accused in a criminal case as the perpetrator of the crime
as an eyewitness to the very act of the commission of the crime.

b. CIRUCUMSTANTIAL EVIDENCE
 Although the witness may not have actually seen the very act of the commission of the crime,
he still may be able to positively identify a suspect or accused as the perpetrator of a crime.

Question:
How to state the name of the offended party which is a juridical person?

Answer:
If the offended party is a juridical person, it is sufficient to state its name, or any name or designation by which it is
known o by which it may be identified, without need of averring that it is a juridical person or that it is organized in
accordance with law.

Question:
What are the rules if the name of the offended party is unknown in offenses against property?

Answer:
 In offenses against property, if the name of the offended party is unknown, the property must be described
with such particularity as to properly identify the offense charged. (Rule 110, Sec 12 [a])
 Jursprudence:
o In case of offenses against property, the designation of the name of the offended party is not
absolutely indispensable for as long as the criminal charges in the complaint or information can be
properly identified.
o In the offense against property, If the subject matter of the offense is GENERIC and UNIDENTIFIABLE
(Money unlawfully taken) an error in the designation of the offended party is fatal and would result in
the acquittal of the accused.

Question:
What is the Effect of failure to designate the offense given by the statute or failure to mention the provision violated?

Answer:
It does not vitiate the information if the facts alleged clearly recite the facts constituting the crime charged.

Note No. 1:
- It is the recital of facts of the commission of the offense, not the nomenclature of the offenses that determines
the crime being charged in the information.

- Sufficiency of an information is not negated by an incomplete or defective designation of the crime in the
caption or other parts of the information but by the narration of facts and circumstances which adequately
depicts a crime and sufficiently apprises the accused of the nature and cause of the accusation against him.

Note No. 2:
- While it is necessary to aver the facts constituting the qualifying and aggravating circumstances, it is not,
however, sufficient for example, to merely state that the offenses was committed with treachery without
alleging the facts that gave rise to treachery.
- For qualifying and aggravating circumstances to be considered in imposing the penalty, the same should be
specified in the complaint or information for such to be considered in the imposition of the penalty.
- Every aggravating circumstances must be alleged in the information.
- One cannot be held liable for an offense graver than that for which he was indicted. It would be a denial of
the right of the accused to be informed of the charges against him and consequently, a denial of due process.

Duplicity of the Offense

Duplicity presupposes that there is a joinder of distinct offenses in one complaint or information
Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA

General Rule:
Complaint or information must charge only one offense. This rule prohibits duplicity (or multifariousness) of offenses
in a single complaint or information.

Exception:
- When the law prescribes a single punishment for various offenses, as in complex and compound crimes and
special complex crimes.
- A single shot which killed one and seriously injured another, is a complex crime chargeable under one
information.

Note No. 1:
- Where a single act violates two or more entirely distinct and unrelated provisions of law, the prosecution of
the accused for more than one offense in separate information is justified.
- Purpose of the rule against Duplicity:
o To give the accused the necessary knowledge of the charge against him and enable him to sufficiently
prepare for his defense.
- Each incident of sexual intercourse and lasciviousness with a child is a separate and distinct offense, each of
which is a subject of a separate information.
- Delito continuado- a series of acts committed on the same period and impelled by single intent or resolution.
(Continued crime or continuos crime) – One information only

Note No. 2:
- When several people are killed by separate bullets from a single automatic weapon, each death caused is a
distinct and separate shot fired by the accused, who made himself criminally liable for as many offenses as
those resulting from the bullets fired.

- It is not the single act of pressing the trigger which produced the several felonies, but the number of bullets
which were discharged.

Note No. 3:
- The used of unlicensed firearm is not considered as a separate crime but shall be appreciated as mere
aggravating circumstance.

- Each firearm illegally possessed should be the subject of separate information because the law provides for a
separate penalty for each type of firearm.

Waiver of duplicity of the offense:

- Duplicity of the offense is a ground for a motion to quash.
- The accused must object to the duplicity before trial.

Amendment or Substitution of the Complaint or Information

Amendment
- Correction of an error or an omission in a complaint or an information

Substitution
- A complaint or information may be substituted if it appears at any time before the judgment that a mistake
has been made in charging the proper offense.

Difference between Amendment and Substitution: (D-COLD-PP)

Amendment Reference Substitution
Original case will not be dismiss Dismissal of the original case Original case will be dismiss
Either formal or substantial change Change Substantial change only
Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA

Amendment Reference Substitution

Offense is the same Offense Offense is different from the original
offense
Only if made after pleadings Leave of Court Always with leave of court
Can invoke double jeopardy if made Double Jeopardy Cannot be invoke, because different
after plea offenses are involved
Not required Preliminary Investigation Required
Not required Plea Required

Chapter III
Prosecution of Civil Action
Rule III

Chapter IV
Preliminary Investigation
Rule 112

Section 1: Preliminary Investigation

Preliminary Investigation
- 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.

Specific Purposes:
a. To inquire concerning the commission of a crime and the connection of the accused with it, in order
that he may be informed of the nature and character of the crime charged against him, and if there is
a probable cause for believing him guilty, that the State shall take the necessary steps to bring him to
trial;
b. To preserve the evidence and keep the witnesses within the control of the State;
c. To determine the amount of bail, if the offense is bailable.

Nature of Preliminary Investigation:

 The conduct of preliminary investigation is a function that belongs to the public prosecutor.
 The determination of probable cause, is under our criminal justice system, an executive function, thus the
court as a rule, cannot reverse the findings of probable cause of the Secretary of Justice, except in clear cases
of grave abuse of discretion.
 A preliminary Investigation is “not a casual affair”, it is a substantive right and a component of due process in
the administration of criminal justice. It is of statutory character and may be invoked only when specifically
created by Statute.
 A preliminary investigation is a mere inquiry or a proceeding. Its purpose is not to declare the respondent
guilty beyond reasonable doubt but only to determine:
a. WON crime has been committed
b. WON the respondent is probably guilty of the crime
 A preliminary investigation is not the occasion for the full and exhaustive display of the prosecution’s evidence.
He merely determines the existence of probable cause, and to file the information if he finds it to be so.

Right to a preliminary investigation: waivable

- For failure to invoke the right prior to or at the time of the plea.

Probable cause in preliminary investigation

 Probable cause
o Pertains to the facts and circumstances sufficient to support a well-founded belief that a crime has
been committed and the accused is probably guilty thereof.
Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA

 A finding of probable cause needs only to rest on evidence showing that more likely than not a crime has been
committed and was committed by the suspect.
 The validity and merits of a party’s defense and accusation, as well as the admissibility of testimonies and
evidence, are better ventilated during the trial proper and not during a preliminary investigation.

Preliminary Investigation vs Preliminary Examination

Preliminary Investigation Reference Preliminary Examination

Executive department Determination Judicial Department
Public prosecutor who is given a Function Judge, ascertain whether a warrant
broad discretion to determine of arrest should be issued against the
whether probable cause exists and accused.
to charge those whom he believes to
have committed the crime as
defined by law and thus, should be
held for trial.

General Rule:
Courts are precluded from reviewing findings of prosecutors on the existence or non-existence of probable cause.
Reason: Separation of powers

Exception:
 When acted with grave abused of discretion amounting to lack or excess jurisdiction;
 When grossly misapprehends the facts;
 When acted in a manner so patent and gross as to amount to an evasion of positive duty or a virtual refusal to
perform the duty enjoined by law; or
 When acted outside the contemplation of law

How to justify Judicial Intervention?

The abuse of discretion must be so patent and gross as to amount to an invasion of a positive duty or to a virtual
refusal to perform a duty enjoined by law or to act at all in contemplation of law, as where the power is exercised in
an arbitrary and despotic manner by reason of passion or hostility.

Instances when probable cause needs to be established:

 Sec 1 and 3 of Rule 112
- 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.

- The investigating officer shall determine whether or not there is sufficient ground to hold the respondent for
trial.

 Section 6 and 9 of Rule 112

- 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.

 Section 5 (b) of Rule 113

- 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

 Section 4 of Rule 126

- A search warrant shall not issue except upon probable cause in connection with one specific offense to be
determined personally by the judge after examination under oath or affirmation of the complainant and the
Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA

witnesses he may produce, and particularly describing the place to be searched and the things to be seized
which may be anywhere in the Philippines.

The following may conduct preliminary investigations:

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.

Other officers as may be authorized by law

- COMELEC
o Preliminary investigation of all election offenses punishable under the Omnibus Election Code and to
prosecute the same

- Office of the Ombudsman

o Primary jurisdiction over cases cognizable by the Sandiganbayan, hence may take over at any stage,
from any investigatory agency of the government, the investigation.

- PCGG (Presidential Commission on Good Governance)

o With the assistance of the office of the Solicitor General and other government agencies.

Last paragraph of Sec , Rule 112

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.

Procedure for cases not requiring Preliminary Investigation:

1. File the complaint directly with the prosecutor
2. File the complaint or information with the Municipal Trial Court

When preliminary investigation is not required even if the offense is one which normally requires a preliminary
investigation:

1. If a person is arrested lawfully without a warrant involving an offense which requires a preliminary
investigation. The person arrested shall be required to undergo an inquest.
2. If he has been arrested in a place where an inquest prosecutor is available, an inquest will be conducted
instead of a preliminary investigation.

Inquest Proceedings:
o An investigation conducted by a prosecutor in criminal cases where a person has been lawfully
arrested and detained without a warrant of arrest.
o Informal and summary and its purpose is to determine WON the person detained should remain under
custody and then charged in court.
o Conducted by a PUBLIC PROSECUTOR
o The detained person should be present during the inquest proceedings unless reasons exist that would
dispense with his presence
o COMMENCED: from the time the inquest officer receives the complaint and referral documents from
the law enforcement authorities.

DOCUMENTS:
1. Affidavit of arrest
2. Investigation report
3. Statement of complainant and the witnesses
4. Other supporting evidence gathered
Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA

Questioning the absence of a preliminary investigation

- An accused who wants to question the regularity or absence of a preliminary investigation must do so before
he enters his plea, failure to do so would amount to a waiver.

Absence of preliminary investigation:

Effect on Jurisdiction of the Court
- Absence of preliminary investigation does not affect the court’s jurisdiction over the case nor does it impair
the validity of the information or otherwise renders it defective.

Not aground for motion to quash

 If there is no preliminary investigation and the accused before entering his plea calls the attention of the court
to his deprivation of the required preliminary investigation, the court should not dismiss the information.

 It should remand the case to the prosecutor so that the investigation may be conducted.

MOTION FOR RECONSIDERATION:

 The aggrieved party under current practice is not precluded from filing a motion for reconsideration within 15
days from receipt of the assailed resolution.

 If the motion is denied, the aggrieved party may appeal within 15 days from the denial of the motion for
reconsideration.

Appeals to the Secretary of Justice:

- The action of the provincial or city prosecutor or of the chief state prosecutor is not the final say on the case.
- The prosecutor’s ruling is reviewable by the Secretary of Justice who has the power to reverse, modify or
affirm the prosecutor’s determination.

Appeals to the Office of the President:

- While judicial pronouncements do not allow an appeal to the Court of Appeals under Rule 43 from the
resolution of the Secretary of Justice, the appeal referred to in such pronouncements evidently pertains only
to a judicial appeal.
- Appeals from or petition for review of "decisions/orders/resolutions of the Secretary of Justice on preliminary
investigations of criminal cases are entertained by the Office of the President" under the following conditions
which have to be established as jurisdictional facts:
o The offense involved is punishable by reclusion perpetua to death
o New and material issues are raised
o prescription of the offense is not due to lapse within six (6) months
o filed within thirty (30) days from notice.

- If the appeal does not clearly fall within the jurisdiction of the Office of the President, the appeal shall be
dismissed outright. If the lack of jurisdiction is not readily apparent, the appellant/petitioner shall be ordered
to prove the necessary jurisdictional facts.
Reviewer.Criminal Procedure.Reyna Amor R. Condes, CPA