1) A preliminary investigation is required before filing a complaint or information for an offense with a penalty of at least 4 years, 2 months, and 1 day and determines if there is probable cause that a crime was committed.
2) Provincial or city prosecutors, judges, national/regional prosecutors, and other authorized officers may conduct preliminary investigations within their jurisdictions.
3) A preliminary investigation is inquisitorial in nature and meant to discover if a crime occurred and who is responsible; it does not place the accused in jeopardy or affect the court's jurisdiction.
1) A preliminary investigation is required before filing a complaint or information for an offense with a penalty of at least 4 years, 2 months, and 1 day and determines if there is probable cause that a crime was committed.
2) Provincial or city prosecutors, judges, national/regional prosecutors, and other authorized officers may conduct preliminary investigations within their jurisdictions.
3) A preliminary investigation is inquisitorial in nature and meant to discover if a crime occurred and who is responsible; it does not place the accused in jeopardy or affect the court's jurisdiction.
1) A preliminary investigation is required before filing a complaint or information for an offense with a penalty of at least 4 years, 2 months, and 1 day and determines if there is probable cause that a crime was committed.
2) Provincial or city prosecutors, judges, national/regional prosecutors, and other authorized officers may conduct preliminary investigations within their jurisdictions.
3) A preliminary investigation is inquisitorial in nature and meant to discover if a crime occurred and who is responsible; it does not place the accused in jeopardy or affect the court's jurisdiction.
1) A preliminary investigation is required before filing a complaint or information for an offense with a penalty of at least 4 years, 2 months, and 1 day and determines if there is probable cause that a crime was committed.
2) Provincial or city prosecutors, judges, national/regional prosecutors, and other authorized officers may conduct preliminary investigations within their jurisdictions.
3) A preliminary investigation is inquisitorial in nature and meant to discover if a crime occurred and who is responsible; it does not place the accused in jeopardy or affect the court's jurisdiction.
Download as PPTX, PDF, TXT or read online from Scribd
Download as pptx, pdf, or txt
You are on page 1/ 21
PRELIMINARY INVESTIGATION
REPORTER: Glenda May Pereira
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 compliant or information for an offense where the penalty prescribed by law is at least (4)yrs, (2)mo and (1)d without regard to the fine. OFFICERS AUTHORIZED TO 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. NATURE AND EFFECTS OF A PRELIMINARY INVESTIGATION
• 1. It is merely inquisitorial
2. Only means of discovering whether the offense has been committed and the persons responsible for it 3. To enable the fiscal to prepare his complaint and information
4. Not a trial on the merits • 5. Determine whether there is probable cause to believe that an offense has been committed and the accused is probably guilty of it 6. Doesn't place the accused in jeopardy NATURE AND EFFECTS OF A PRELIMINARY INVESTIGATION 7. Doesn't affect the jurisdiction of the court—only the regularity of the proceedings 8. Accused cannot assert lack of preliminary investigation. Court cannot dismiss the case based on this ground—it should conduct the investigation or order the fiscal or lower court to do it 9. Preliminary investigation may be waived 10. Accused should invoke right to PI before plea, otherwise it is deemed waived 11. Accused doesn't have full gamut of rights yet. He doesn't have right to counsel unless a confession is being obtained from him. 12. There is also no right to confront witnesses against him. PENALTY AT LEAST 4Y,2M,1D
PRELIMINARY INVESTIGATION PROBABLE CAUSE
NO PROBABLE RESPONDENT: CAUSE ISSUE COUNTER- AFFIDAVIT SUBPOENA
DISMISSAL
RESOLUTION
PROCEDURE FILING OF AN INFORMATION EVALUATION BY THE JUDGE
NO PROBABLE PROBABLE CAUSE CAUSE
DISMISSAL COMMITMENT WARRANT OF ORDER IF ARREST ALREADY DETAINED COMPLAINT AFFIDAVIT AFFIDAVIT Evidence RESOLUTION RESOLUTION INFORMATION INFORMATION SUBPOENA SUBPOENA SUMMONS MOTION FOR P.I
