PRELIMINARY INVESTIGATION

Rule 112
Section 1. Preliminary investigation defined;
when required. Preliminary investigation is 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.
Except as provided in Section 6 of this Rule, a
preliminary investigation is required to be
conducted before the filing of a compliant 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.
Preliminary Investigation (PI)
an inquiry or proceeding to determine whether
there is sufficient ground to engender a wellfounded
belief that a crime has been committed
and the respondent is probably guilty thereof and
should be held for trial.
is not part of the trial proper;
Three Fold Purpose:
1. 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 probable cause
for believing him guilty that the State may
take the necessary steps to bring him to trial
2. to preserve the evidence and keep
witnesses within the control of the State
3. to determine the amount of bail, if offense is
bailable
Purpose: (Hashim v. Boncan)
1. to determine if 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;
2. to protect the accused from the
inconvenience, expense, and burden of
defending himself in a formal trial unless
there is 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;
4. to protect the state from having to conduct
useless and expensive trials
Nature of right to PI
merely inquisitorial; often the only means of
discovering the persons who may be reasonably
charged with the crime
not a judicial proceeding; not a trial of the case
on the merits and has no purpose except in
determining whether a crime has been committed
and whether there is probable cause to believe
that the accused is guilty thereof
a STATUTORY RIGHT and not a creation of the
constitution but once granted by law, the
accused, unless he waives it, may not be brought
to trial without the compliance with PI;
UNDUE DELAY in conduct of PI cannot be
corrected and will result to dismissal of the case
(Tatad v. Sandiganbayan)
Absence of PI
DOES NOT affect the courts jurisdiction over the
case nor do they impair the validity of the
information or render it defective (Doromal v.
Sandiganbayan)
not a ground to quash the information or nullify
the order of arrest issued against him or justify
the release of the accused from detention
court cannot dismiss the complaint on this
ground
court should hold the trial in ABEYANCE and
conduct the investigation or order the fiscal to do
it
Waiver of PI
2S 2011-2012 with Anjo Davids notes Criminal Procedure 2
Q: Supposing a municipal mayor committed
the crime of rape. Which investigating agency
will have the authority to conduct a PI?
A: DOJ and Ombudsman have concurrent
jurisdiction.
PI may be waived expressly or by
implication/silence
accused should invoke the PI before plea, or
else deemed waived
if court denies invocation of the right to PI, the
remedy of the accused is to immediately
appeal the issue before the appellate court
since he cannot later raise the issue for the first
time on appeal
right may be renounced and if the accused
refuses to appear, he cannot be compelled to
do so
Implied waiver:
1. failure to claim for PI before the accused
pleaded in court
2. failure to request it within five days from time
he learns of filing of the complaint
3. absence of accused
4. by posting bail AND submitting to
arraignment (posting bail alone does not
constitute waiver)
PI when required
offenses where penalty prescribed is at least 4
years, 2 months and 1 day WITHOUT
REGARD to fine
a new PI required if there is substitution of the
complaint or information
PI when not required
offenses where penalty prescribed is below 4
years, 2 months and 1 day
offenses punishable by FINE only
lawful arrest under Section 6 of Rule 112
if the complaint or information has been merely
amended
Section 2. Officers authorized to conduct
preliminary investigations. The following may
conduct preliminary investigations:
(a) Provincial or City Prosecutors and their
assistants;
(b) National and Regional State Prosecutors; and
(c) Other officers as may be authorized by law.
Their authority to conduct preliminary
investigations shall include all crimes cognizable
by the proper court in their respective territorial
jurisdictions.
A.M. No. 05-8-26-SC (Effective October 3, 2005)
removed the authority of first level judges to conduct