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!

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!
!
!
!
!
! BEFOR PLEA, question the absence of
! preliminary investigation, or else waiver

!
!
!
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! (
! )"*)+"(!*-"4(
!
! Filed by the
offended party
! ! officer!
or peace w/in 5d from
Inquest prosecutor NOT AVAILABLE

! on the basis of learning of filing


their affidavit !
! !
! $>A6>@(A>(?>@<;?A(
! )"+'#$#%&"0(#%O+.4#/&4#*%( before filing of complaint, may request
! for Preliminary Investigation
Must sign WAIVER of Art. 125, RPC in
! the presence of counsel
!
! May still apply for BAIL regardless
PI terminated w/in 15d
!
! !
!

! ! ! ! Inquest prosecutor finds that there is


! #%P-+.4( LAWFUL ARREST PROBABLE CAUSE
#%P-+.4( !
! )"*.+!-4*"( ! Summary investigation:
W/N the person detained should remain under
! custody and then charged in court
! !
! *8<98(>=("9E9F79(
OFE6<(GF88F@AE977( Inquest Officer receives complaint and referral docu:
UNLAWFUL ARREST

! F8897A( a. Affidavit of arrest ! "9?>CC9@<(


b. Investigation report
! c. Statements/ affidavits of the complainant & witnesses 89E9F79(
! at leastPI4y, 2mo, 1d but d. Other supporting documents
is not required *affidavits are sworn to before the Inquest Officer
*detained person must be PRESENT during the proceedings! "9E9F79<(=>8(=;8AH98(
!
EXCEPTION

! 6@L97A6BFA6>@(

! filed with
)#(67(89:;689<( )"*)+"(*11#!+"(
!
! =>8(?>@<;?A6@B()#(
Imprisonment: %>(D8>JFJE9(?F;79( ,#.$#..(
!! ! at least 4y,2mo,1d
! %>(D8>JFJE9(?F;79(
!>CDEF6@A(>8( "9:;689(7;JC6776>@(>=(
! 6@=>8CFA6>@(G6AH( w/in 10d %99<(A>(=;8AH98(<9A98C6@9(9K67A9@?9(>=()!( F<<6A6>@FE(9L6<9@?9(GM6@(5N<(
*11+%.+( $;4!I($!4!( !
! 16@<7(D8>JFJE9(?F;79(
16@<7(D8>JFJE9(?F;79(
! 2F88F@A(>=(F8897A(
a. address of the respondent indicated
Not required when:
! b. to establish probable cause, must be accompanied by:
! Valid warrantless arrest
affidavits of the complainant & his witnesses, as well
! punishable only by fine
)#(67(%*4(89:;689<( as other supporting documents
! falls under rules
! Must comply with !c. appropriate no. of copies as there are respondents, ! on summary procedure
Rule 112, Sec. plus 2 copies for the official file DISCRETION of the judge
3(a) d. affidavits shall be subscribed and sworn to:
! - prosecutor; !
- government official authorized;
!>CC6AC9@A(>8<98(
- in their absence or unavailability, notary public
! Accused has already been arrested
!>CDEF6@A(G6AH( ! !
! AH9(*11#!+(*1(43+(
w/in 10d
&?A(>@(AH9(
)"*.+!-4*"( ! ?>CDEF6@A(
!
.;CC>@7(
Manila & other chartered cities
UNLESS otherwise provided in !
Judge finds no necessity for
their charters placing accused under custody
! !
!
!

!"#$#%&'()"*!+,-"+(
!

a) Punishable by Reclusion Perpetua to !


death
b) New and material issues are raised not
!
.++$#%/'0(+%,'+..(1'*2!3&"4(Q(
previously presented before the DOJ
c) Prescription will not lapse w/in 6 mo
! )+4#4#*%(1*"( from notice of the questioned resolution DISMISS OUTRIGHT: if patently w/o merit or intended for delay
!+"4#*"&"#( d) Appeal or petition for review is filed w/in NO DUE COURSE: info has already been filed, accused already arraigned prior to the filing of petition
30d from notice ORDER FOR REINVESTIGATION: made by investigating prosecutor unless for compelling reasons (
! another prosecutor is designated
REVERSE, AFFIRM, MODIFY, DISMISS:
- Filed beyond period
! )+4#4#*%(1*"( &))+&'(4*(43+(*11#!+(*1( - Procedure in Dept. Circ. 70 not complied with When recommendation for dismissal is DISAPPROVED:
"+O#+2(#%(!&( 43+()"+.#,+%4( - No reversible error
- Interlocutory in nature EXCEPT on alleged existence of prejudicial question Provincial/city prosecutor or Chief state prosecutor, or
! - Offense prescribed the Ombudsman or his deputy may by themselves
- Other legal and factual grounds FILE the information, or
Direct another assistant/state prosecutor to do so w/o
Only one motion for reconsideration is allowed

! conducting another PI
,689?A(D8>79?;A>8(
! ?>@?98@9<(A>(1#'+(
,#.$#..(
"+!*%.#,+"&4#*%(

6@=>(2#43*-4( )8>L6@?6FEM?6AT(D8>79?;A>8(>8(
$*4#*%(1*"(

F@>AH98()#( w/in 15d


! w/in 10d )+4#4#*%(1*"( w/in 15d from $*4#*%(1*"( from !H69=(7AFA9(D8>79?;A>8I(>8(A>(AH9(
DENIAL of Immediately inform w/in 10d
from "+O#+2(4*(43+( "+!*%.#,+"&4#*%( receipt of parties of action *CJ;<7CF@(>8(H67(<9D;AT(
motion for !
! receipt of .+!"+4&"0(*1( reconsideration
assailed
! W?F797(=>8(.R(6@(6A7(>86BX(Y;867XZ(
resolution ,689?A(D8>79?;A>8( resolution
[-.4#!+( ! 1#'+(#%1*"$&4#*%(#%(!*-"4\(
on appeal
?>@?98@9<(A>( ! For approval of resolution or dismissal
! ! ,#.$#..(>8(C>L9( !
=>8(,#$#..&'( Motion for suspension of the
! 2#43(%*4#!+(A>( arraignment may be filed
DF8A697( Appeal does not prevent the filing of info in the court
! UNLESS the Sec. of Justice directs otherwise
Absence of certification will
w/in 5d NOT vitiate information
!

! The appellant and prosecutor shall see to it that ! ! under oath: P.R.I.CE
Certifies
pending resolution of the appeal, proceedings in court a. Personally examined the
are held in abeyance complainant and witnesses;
)+4#4#*%(1*"(!+"4#*"&"#( By filing a petition for review with the Office of the Secretary, DOJ
! - Verified & copies given to adverse party and Prosecution Office issuing b. Reasonable ground to
For grave abuse of discretion assailed resolution "+.*'-4#*%(V( believe that a crime has been
! amounting to lack or excess of - Must contain matters in Sec. 5, Dept. Circ. 70 #%1*"$&4#*%(GM( committed and the accused is
probably guilty;
jurisdiction
w/in 15d, adverse party may file verified comment
!+"4#1#!&4#*%( c. Accused was informed of
! prosecutor need not submit comment except when directed by the Sec. of Justice complaint and evidence
! against him; and
No comment filed, appeal is resolved on the basis of petition d. Given opportunity to submit
! controverting evidence

YES
!

!
!
No ground
)"*R&R'+( NO "9?>CC9@<(=>8(
,#.$#..( !&-.+U( ! ,#.$#..&'(
! !
*==6?9(>=(AH9( !F@@>A(J9( An executive function
! !*$)'&#%4(( Filed with
)8>79?;A>8((
w/in 10d 7;JD>9@F9<( exclusive of the prosecutor
! ! #@L97A6BFA6@B(>==6?98(7HFEE( !
897>EL9(JF79<(9L6<9@?9(
! #77;9(F( w/in 10d ,6<(@>A(7;JC6A( D8979@A9<(JT(?>CDEF6@F@A(
.-R)*+%&( ! ?>;@A98SF==6<FL6A( !'&"#1#!&4*"0(
! w/in 10d
Attached to the copy of ! 3+&"#%/(
complaint and supporting
!Contains the ff: A.A.A.SS affidavits and documents !*-%4+"S Not indispensable,
e. address of the respondent indicated ! &11#,&O#4( Discretion of the
f. to establish probable cause, must be accompanied by: investigating officer
! affidavits of the complainant & his witnesses, as well !
as other supporting documents
Also, affidavits of !
Right to examine the evidence submitted by the witnesses & other
g. appropriate no. of copies as there are respondents, supporting
! plus 2 copies for the official file complainant which may not have been furnished and
to copy at his expense. documents If there are facts and issues
h. affidavits shall be subscribed and sworn to:
- (any) prosecutor; If voluminous evidence, complainant may be ! to be clarified
- government official authorized; required to specify those to be presented, which Parties can be present but
- in their absence or unavailability, notary public shall be made available for examination and copying Subscribed and sworn to in NO RIGHT TO EXAMINE
of respondent the same manner OR CROSS-EXAMINE
*must certify that s/he personally examined the affiants and that Object as evidence need not be furnished but Copies by him to the Questions may be submitted
s/he is satisfied that they voluntarily executed and understood made available for examination, copying, or complainant to the investigating officer
their affidavits photographing at the expense of requesting party NO MOTION TO DISMISS who will ask the same
! ! Terminated w/in 5d