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Chapter IV: Preliminary Investigation: Is The Offense at Least 4 Years, 2 Months and 1 Day?

The document outlines the steps of a preliminary investigation process: 1. It first determines if the offense qualifies for a preliminary investigation based on the length of imprisonment. 2. If arrested without a warrant, a complaint is filed with the prosecutor or court including affidavits and supporting documents. 3. The judge examines evidence to determine if there is probable cause, and may issue a warrant or summons. 4. If probable cause is found, the accused is given the option to waive the investigation or request one within 5 days of the information filing.

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TJ Zamora
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84 views

Chapter IV: Preliminary Investigation: Is The Offense at Least 4 Years, 2 Months and 1 Day?

The document outlines the steps of a preliminary investigation process: 1. It first determines if the offense qualifies for a preliminary investigation based on the length of imprisonment. 2. If arrested without a warrant, a complaint is filed with the prosecutor or court including affidavits and supporting documents. 3. The judge examines evidence to determine if there is probable cause, and may issue a warrant or summons. 4. If probable cause is found, the accused is given the option to waive the investigation or request one within 5 days of the information filing.

Uploaded by

TJ Zamora
Copyright
© Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Chapter IV: Preliminary Investigation

Yes

Is the offense at least 4 years, 2 months and 1 day?

No

No

Is he arrested without a warrant?

Yes

File complaint directly with prosecutor Complaint shall include: 1. Address of Respondent 2. Affidavit of Complainant 3. Affidavit of Witnesses 4. Supporting documents Appropriate number of copies as there are respondents plus two copies for the official file. Affidavits must be sworn before any prosecutor or official authorized to administer Oath or in absence a notary public. Must act on complaint within 10 days. No subpoena or counter affidavit needed.

File complaint for information with the Municipal Court. Same process as filing directly with prosecutor Judge must personally examine in writing and under oath the complainant and witnesses in form of searching questions and answers.

Is it a valid warrantless arrest?

No Yes
1. He shall recommend the release of detainee. 2. Note down disposition on the referral document.

Yes
Judge shall issue a warrant of arrest if the judge is satisfied that there is no necessity for placing the accused under custody, in which case judge may issue a summons instead.

Is there probable cause?

No
Dismiss

Does he want a preliminary investigation?

3. Prepare memorandum indication reasons. 4. Forward to the City or Provincial Prosecutor When approved, order of release shall be served. Note: If evidence warrants preliminary investigation, a notice of preliminary investigation shall be served and he shall be released for further investigation and shall be furnished with complaint, affidavits and supporting evidence.

Maybe

No
An inquest will be conducted. If inquest prosecutor is absent or unavailable, complaint may be filed directly with proper court by offended party or peace officer. Inquest is informal and summary to determine whether a person should remain in custody and be charged in court. Inquest commences from the reception of complaint such as affidavit of arrest, investigation report , statement of complainant and witnesses and supporting evidence. Affidavits shall be sworn before inquest officer. Inquest officer may require presence of complainant and witnesses. Inquest conducted must be for offense he was arrested.

Yes

Judge may require submission of additional evidence within ten days from notice. If still no probable cause, judge shall dismiss case within 10 days.

He must sign a waiver of Art 125 in the presence of counsel. Preliminary investigation must be terminated within 15 days. He may still ask for preliminary investigation within 5 days from the time he learns of filing of information. May apply for bail where person arrested is held even if no information has been filed. He must question the absence of preliminary investigation before he enters plea. Failure will amount to waiver. Motion to Quash is not a proper remedy. Absence of preliminary investigation does not affect courts jurisdiction over the case.

No
Prepare information and recommendation that it be filed in court

Is there probable cause?

Yes
Recommend the release of detained person.

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