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Module-2-Rule-112

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Module-2-Rule-112

Uploaded by

Carissa Infante
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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CRIMINAL PROCEDURE AND COURT TESTIMONY

SY 2022-2023
LECTURE NOTES NO. 2

PRELIMINARY INVESTIGATION
RULE 112

PRELIMINARY INVESTIGATION DEFINED; WHEN REQUIRED


Preliminary Investigation is an inquiry or proceeding to determine whether
there exists sufficient ground to engender a well-founded belief that a crime
has been committed and that the respondent is probably guilty thereof,
and should be held for trial.

NOTES: Preliminary investigation is merely inquisitorial. The presence of the


accused or the offended party is not mandatory in the investigation.

General Rule: 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 4 years, 2 months and 1 day (PC Med)
without regard to the fine.

Exception: There is NO right of preliminary investigation under Section 7, Rule


112 (now Sec 6 under the SC circular) when a person is LAWFULLY arrested
without a warrant except in cases provided under Section 6, Rule 112.

Instances when Preliminary Investigation may be asked by the Accused


1. If a person is arrested, he can ask for a preliminary investigation BEFORE
the filing of the complaint/information BUT he must sign a waiver in
Accordance with Article 125, RPC;
2. AFTER the filing of the information/complaint, the accused may,
within 5 days from the time he learns of its filing ask for preliminary
investigation.

Purposes of Preliminary Investigation:


1. For the investigating prosecutor to determine if a crime has been committed
(Mercado v. CA, G.R. No. 109036, July 5, 1995);
2. To protect the accused from the inconvenience, expense and burden of
defending himself in a formal trial unless the reasonable probability of his guilt
shall have been first ascertained in a fairly summary proceeding by a
Competent officer;
3. To secure the innocent against hasty, malicious and oppressive prosecution
and to protect him from an open and public accusation of a crime, from the
trouble, expenses and anxiety of a public trial (Rodis v. Sandiganbayan, G.R.
Nos. 71404-09, October 26, 1988);
4. To protect the state from having to conduct useless and expensive trials
(Tandoc v. Resultan, G.R. No. L-69210, July 5, 1989).

OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION


Persons authorized to conduct a Preliminary Investigation:
1. Provincial or city fiscal and their assistants;
2. National and regional state prosecutors; and
3. Such other officers as may be authorized by law such as: the COMELEC,
Ombudsman and PCGG.

PROCEDURE
Ten (10) Steps of the Preliminary Investigation.
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(Step 1 to 5 – Section 3; Step 6 to 9 – Section 4; Step 10 – Section 5)

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Rights of the respondent during Preliminary Investigation
1. Right to speedy trial
2. Right to be notified of the allegations against him
3. Right to examine the evidence presented in the investigation
4. Right to submit his own evidence
5. Right to file counter-affidavit to controvert the allegations against him
6. Opportunity to be present in the Clarificatory Hearing
7. Right to file a motion for reinvestigation
8. Right to file a Petition for Review
9. Right to file a Motion to Quash
10. Right to Post Bail

NOTE: The Rules do not require the presence of the respondent in the
Preliminary Investigation, what is required is that he be given the opportunity
to controvert the evidence of the complainant by submitting counter-affidavits.

SECTION 5. WHEN WARRANT OF ARREST MAY ISSUE


Probable Cause presupposes a reasonable ground for belief in the existence of
facts warranting the proceedings complained of.

Instances when a Warrant of Arrest is NOT necessary (Sec. 9(c), Rule 112):
1. If the complaint or information was filed after the accused was lawfully
arrested without warrant;
2. If the offense is punishable by fine only;

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3. If the complaint or information is filed with the MTC and it involves an
offense which does not require preliminary investigation, the judge may issue
summons instead of warrant of arrest if he is satisfied that there is no
necessity for placing the accused under custody

WHEN ACCUSED LAWFULLY ARRESTED WITHOUT WARRANT


Inquest is an informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested and detained without
the benefit of a warrant of arrest issued by the court for the purpose of
determining whether or not said persons should remain under custody and
correspondingly be charged in court

Procedure

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