RULE 112

PRELIMINARY INVESTIGATION
1 NATURE OF RIGHT
 NATURE OF RIGHT

“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 7 of this Rule, 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. (1a)”
 NATURE OF RIGHT

● Statutory
● A component of due process in criminal justice
● To deprive an accused of PI is to deny him due process
● Waived in the following instances:
○ Express waiver or by silence
○ May be express or implied, must be in a clear and unequivocal manner
○ Failure to invoke it during arraignment or before plea
○ Consenting to be arraigned and entering a plea of not guilty without invoking the right
to it
2 PURPOSES OF
PRELIMINARY INVESTIGATION
 PURPOSES OF PRELIMINARY INVESTIGATION

● Determine whether a crime has been committed and whether there is

probable cause to believe that the accused is guilty thereof
● Not to determine the innocence or guilt of the accused
● Does not involve an adjudication similar to quasi-judicial bodies
3 WHO MAY CONDUCT DETERMINATION OF
EXISTENCE OF PROBABLE CAUSE
WHO MAY CONDUCT DETERMINATION OF EXISTENCE OF PROBABLE
CAUSE

“Section 2. Officers authorized to conduct preliminary investigations.

—

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.
Their authority to conduct preliminary investigations shall include all crimes
cognizable by the proper court in their respective territorial jurisdictions.”
WHO MAY CONDUCT DETERMINATION OF EXISTENCE OF PROBABLE
CAUSE

(d): Other officers as may be authorized by law

○ The Commission on Election
○ The Office of the Ombudsman
○ The Presidential Commission on Good
Governance
PROCEDURE
 Filing of the affidavit complaint
with the Office of the Prosecutor Non-submission of
affidavit
DISMISS

Submit Counter-
Raffling Issue Subpoena
within within
Affidavit
10 days 10 days

Investigating Prosecutor within

10 days

MR
MR addressed
addressed to to the
the ARRAIGNMENT & TRIAL
Provincial/City/Chief
Provincial/City/Chief State
State pending the resolution MAY DENIAL
Prosecutor
Prosecutor w/in
w/in 10
10 days
days NOT PROCEED
from
from receipt
receipt of
of the
the resolution
resolution

Resolution
recommending NO
the dismissal
Determination WON there
Clarificatory
is sufficient ground to hold
Hearing
the respondent for trial within
Resolution
10 days max 5 days
& YES
Information

(Petition for Review)

 Determination WON there
Clarificatory
is sufficient ground to hold
Hearing
the respondent for trial within
Resolution
10 days max 5 days
& YES
Information

(Petition for Review)

Secretary of Justice
w/ appropriate Court
Forward to Filing of
within 15 days from receipt of
Provincial/City/Chief Resolution &
Resolution
State Prosecutor Information
within w/ Sandiganbayan
5 days

Ombudsman/Deputy Dismiss

MR filed with the Office of the Ombudsman, or the SC

proper Deputy Ombudsman w/in 5 days from notice (under Granting
thereof Rule 65) Petition

CA Disposa
verified comment by (Sec. 12
under Rule 65 adverse party w/in 15
Secretary of days from receipt of Dismiss
CTA Supreme Court
Justice under Rule 65 (under Rule 45) copy of the petition
Withdraw
Office of the
President
(Subject to conditions)
 Issuance of warrant of arrest
WON there
Clarificatory
und to hold RTC Issuance of commitment order
Hearing
nt for trial within
10 days max 5 days Issuance of summons

Ask prosecutor to present additional

evidence
(Petition for Review)
Dismissal
Secretary of Justice
w/ appropriate Court
within 15 days from receipt of Issuance of warrant of arrest
Resolution
w/ Sandiganbayan MTC Issuance of commitment order

Issuance of summons

Ask prosecutor to present additional

n, or the SC Reinvestigation
evidence
m notice (under Granting of
Rule 65) Petition
Filing of Resolution Dismissal

Disposal
verified comment by (Sec. 12)
adverse party w/in 15 Motion for
days from receipt of Reconsideration
ourt Dismissal
45)
copy of the petition
last possible recourse
Withdrawal
 Person arrested may at
WARRANTLESS ARREST Prosecutor files
Subjected to Inquest thus period, ask for PI, but
(For offenses that don’t Complaint/Information
Proceedings must sign a waiver of the
require PI) with the Court
provisions of Art. 125 RPC

PI
(max 15 days)
w/in 5 days from the time he
learns of its filing, he may
ask for a PI
Offended party/Peace Officer files
Complaint with the proper Court
MEET OUR INVESTIGATING PROSECUTOR

- Nicasio Rosales, Senior

Prosecutor at the Quezon
City Hall of Justice
PROCEDURE

1
FILING OF
AFFIDAVIT
COMPLAINT
 「GANITO KASI GUYS」
What kinds of “complaints” did the prosecutor
often get?

● Qualified theft
● Estafa
● BP 22
● Robbery
● Carnapping
 「GANITO KASI GUYS」
What kinds of “complaints” did the prosecutor
often get?

● Syndicated estafa
● Violation of RA 7610 (Special Protection of Children
Against Abuse, Exploitation and Discrimination)
● Violation of RA 9262 (Anti-VAWC)
Affidavit-
complaint
Affidavit-
complaint

「GANITO KASI GUYS」

PROCEDURE

RAFFLING
PROCEDURE

INVESTIGATING
PROSECUTOR
10 DAYS TO DECIDE
INVESTIGATING PROSECUTOR

DISMISSAL ISSUANCE OF
SUBPOENA
INVESTIGATING PROSECUTOR
FILING OF
COUNTER-AFFIDAVIT
WITHIN 10 DAYS
FROM RECEIPT

ISSUANCE OF
SUBPOENA
FILING OF
REPLY AND
REJOINDER
WITHIN 10 DAYS
INVESTIGATING PROSECUTOR
Kamusta experience namin?

According to the law...

“...Only a counter-affidavit subscribed and sworn to by the respondent before the
Public Prosecutor can dispute or put at issue the allegations in the complaint. A
memorandum, manifestation or motion to dismiss signed by the counsel cannot take
the place of a counter-affidavit. Thus, a respondent relying on the manifestation,
memorandum or motion to dismiss of his counsel is deemed to have not controverted
complainant's evidence.

However, if such memorandum, manifestation or motion to dismiss is verified by the

respondent himself, the same may be considered a counter-affidavit.”
INVESTIGATING PROSECUTOR
Kamusta experience namin?

According to the prosecutor...

A respondent is allowed to file a counter-affidavit corresponding to the affidavit of the
petitioner. Then, a petitioner is also allowed to reply to that in a form of a reply affidavit.
After that, the respondent is allowed to file a rejoinder affidavit. Does it end at the
rejoinder affidavit or are they allowed to file more affidavits?

Affidavit - Counter - Reply - Rejoinder (End)

● Once lang pwede magfile ng reply affidavit and rejoinder affidavit.
● But if the case is complicated they can file a memorandum.
INVESTIGATING PROSECUTOR

CLARIFICATORY
HEARING
WITHIN 10 DAYS FROM
SUBMISSION
TERMINATED WITHIN
5 DAYS
INVESTIGATING PROSECUTOR
Kamusta experience namin?

● “Madalang lang.”

● “Halimbawa, sa case ko ngayon, robbery. [Imbis na

mag-clarificatory hearing,] amended statement [na
lang] kasi the value of property was not included in
the complaint.”
INVESTIGATING PROSECUTOR

RESOLUTION
4 RESOLUTION OF
INVESTIGATION PROSECUTOR
 RESOLUTION OF INVESTIGATION PROSECUTOR

● Must be written in official language

● Is personally and directly prepared by the Investigating
Prosecutor
● It must contain a brief summary of the facts of the case, a
concise statement of the issues, and the findings and
recommendations of the Investigating Prosecutor
● It has a statement of the bail that is recommended
 RESOLUTION OF INVESTIGATION PROSECUTOR

● The Provincial or City Prosecutor or Chief State Prosecutor shall

act on all resolutions within 10 days from receipt
● They can either approve or disapprove the resolution or return
the same for further appropriate action
● If the Provincial/City/Chief State Prosecutor reverses the
recommendation in the resolution, the former may file the
corresponding information or direct any other assistant/state
prosecutor to do so w/o need for a new P.I.
PROCEDURE

3-1 3-2
INVESTIGATING REVIEWING
PROSECUTOR OFFICER
INVESTIGATING PROSECUTOR

FORWARDING OF FORWARDING OF
CASE TO THE
CASE TO THE
PROVINCIAL/CITY OR OMBUDSMAN OR HIS
CHIEF STATE DEPUTY
PROSECUTOR WITHIN 5 DAYS
WITHIN 5 DAYS
PROCESS

4
APPROVING &
FILING
5 REVIEW
 REVIEW

● Resolutions of Chief State/City/Provincial/Regional State

Prosecutors dismissing a criminal complaint may be subject of a
petition for review to the SOJ
○ EXCEPTIONS: no petition for review from a resolution
finding probable cause except upon a showing of grave
abuse or manifest error
○ No petition for review when the accused had already been
arraigned - SOJ may motu proprio dismiss
 REVIEW

● Petition must be filed within 15 days from receipt of the

questioned resolution by party or his counsel
● Period shall be interrupted only by the filing of a motion for
recon. within 10 days from receipt of resolution and shall
continue to run from the time the resolution denying the motion
shall have been received by the movant or counsel
6 WHEN WARRANT OF ARREST MAY ISSUE
7 CASES NOT REQUIRING A
PRELIMINARY INVESTIGATION
 CASES NOT REQUIRING A PRELIMINARY INVESTIGATION

● If a person is arrested lawfully without a warrant involving an

offense which requires a P.I. (Sec. 6) Instead, the person
arrested shall be required to undergo an inquest.
 CASES NOT REQUIRING A PRELIMINARY INVESTIGATION

● If he has been arrested in a place where an inquest prosecutor

is available, an inquest will be conducted instead of a P.I. In the
absence or unavailability of an inquest prosecutor, an inquest
may be dispensed with, thus allowing for the filing of the
complaint directly with the proper court.
8 REMEDIES
 REMEDIES OF ACCUSED IF THERE WAS NO PI

● 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.
○ An application for or admission of the accused to bail does not bar him from raising
such question (Sec 26, Rule 114), but failure to invoke the right before entering at
arraignment plea will amount to a waiver.
○ Note that it was held in Socrates v. Sandiganbayan that the absence of a preliminary
investigation is not a ground for the quashal of a complaint or information. Such ground
is not provided for in Sec 3 of Rule 117, the provision which enumerates the grounds
for a motion to quash a complaint or information.
 REMEDIES OF PARTIES

Motion for Reconsideration

(Within 15 days Appeal to the Office of
from receipt the President
of resolution)

Appeal to the Secretary Review of the Rulings

of Justice of the Ombudsman
 is sufficient ground to Clarificatory
hold the respondent for Hearing
Resolution trial within
10 days max 5 days
& YES
Information

(Petition for Review)

Secretary of Justice
w/ appropriate Court
Forward to Filing of
within 15 days from receipt
Provincial/City/Chie Resolution &
of Resolution
f State Prosecutor Information
within w/ Sandiganbayan
5 days

Ombudsman/Deputy Dismiss

MR filed with the Office of the Ombudsman, or the SC

proper Deputy Ombudsman w/in 5 days from notice (under Granting
thereof Rule 65) Petition

CA verified comment Disposa

by adverse party (Sec. 12
under Rule 65
w/in 15 days from
CTA receipt of copy of Dismiss
Secretary of under Rule 65 Supreme Court
the petition
Justice *legal basis: RA 9282 as established by (under Rule 45)
jurisprudence; law itself is silent* Withdraw

Office of the
President
(Subject to