Good Day Atty. Thank you for this video. In this video lecture I’ve learned about the PRELIMINARY INVESTIGATION RULE 112. -The main components of preliminary investigation, first it is an inquiry, it is to determine whether or not there is a sufficient reason to endanger a well-founded belief that a crime has been committed and second the respondent charge is probably guilty thereof, and should be held for trial. NOTE: preliminary investigation is not a formal trial in court, as a matter of fact when you say preliminary investigation this is conducted not by the court of law but by the department of justice through the National prosecution service be it office of the provincial prosecutor or the office of the City prosecutor as the case may be -Note the word probably which qualifies whether the respondent is guilty of the crime charge. Observe that the rules of court uses the word probably because when a resolution is issued by the prosecutor office finding probable cause that means that the respondent is not yet guilty of the crime charge. -During the preliminary investigation the quantum of evidence or the weight of evidence necessary for the prosecutor to find probable cause is only a very law standard of evidence. NATURE IN PRELIMINARY INVESTIGATION -it is a merely inquisitorial and a means of determining the persons who may be reasonably charge with a crime. When we say inquisitorial the purpose of preliminary investigation is to determine sufficiency of evidence for the purpose of filing an information in court it is not a trial of the case on merits, it means that the technical rules on evidence will not apply or do not apply in the preliminary investigation. PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED -Not all offenses, crimes and felonies require a preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation. NOTE: If the penalty imposable for the crime charge is at least 4 years, 2 months and 1 day then preliminary investigation is required then file the complaint in the prosecutor however, if the penalty is 4 years and 2 moths below then it does not require preliminary investigation and it can be filed in court directly. EXEMPTION: -When an information or complaint is filed directly in court. -That a person is lawfully arrested without a warrant provided that inquest was made in accordance with rule 112. Note: If the person arrested without the warrant of arrest inquest proceeding will be applied. DOCUMENTS ACCOMPANYING THE COMPLAINT -the complaint should attach the affidavits of the complainant, witness he may produce and another supporting documents that would establish probable cause. DUTY OF THE INVESTIGATING OFFICER -the investigating officer/prosecutor has 10 days within which to decide on which of the following option take such as to dismiss the complaint if he finds no ground to conduct the investigation or to issue a subpoena in case he finds the need to continue with investigation. FILING OF MOTION TO DISMISSDURING PRELIMINARY INVESTIGATION -a motion to dismiss is not accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complainant, Thus when it contains countervailing evidence or defenses. CLARIFICATORY HEARING NOT MANDATORY -a hearing may set by the investigating officer only when there are facts and issues to be clarified either from a party or a witness and shall be conducted within 10 days from the submission. DUTY OF THE PROSECUTOR AFTER THE TERMINATION OF INVESTIGATION -within 10 days the prosecutor shall determine whether or not there is a sufficient ground to hold respondents for trial. Afterwards, if the inestigating officer finds cause to hold respondents the he shall prepare the resolution and information or otherwise he shall recommend the dismissal of the complaint. PURPOSES OF PRELIMINARY INVESTIGATION -for the investigating prosecutor to determine if the crime has been committed, to protect the accused from inconvenience, expenses and burden of defensing himself in a formal trial., to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation, to protect the state from having to conduct useless and expensive trial and last is to determine the maount of bail, if the offense is bailable. WAIVER OF THE RIGHT TO PRELIMINARY INVESTIGATION -the preliminary investigation is deemed waive by the express waiver or silence, the failure to invoke it during arraignment and consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation. The waiver whether expressed or implied must be in a clear and unequivocal manner. RIGHT OF THE RESPODENT IN A PRELIMINARY INVESTIGATION -submit a counter affidavit, examine the evidence submitted by the complainant at his own expense and be present during the clarificatory hearing. ABSENCE OF A PRELIMINARY INVESTIGATION -the absence of the preliminary investigation does not become a ground for the motion to quash the complaint or information as it does not impair the validity of the information or affect the jurisdiction of the trial court, Affect the court jurisdiction but merely the regularity of the proceeding, impair the validity of information and justify the release of the respondent or nullify the warrant of arrest against him. PROBABLE CAUSE IN PRELIMINARY INVESTIGATION -Probable cause in the preliminary investigation is defined as the existence of such facts and circumstances as would excite belief in reasonable mind. PERSON AUTHORIZED TO CONDUCT INVESTIGATION -Provincial or City prosecutor and their assistant, National and Regional State prosecutor and other officers as may be authorized by law. COURT INTERFERE IN THE CONDDUCT OF PRELIMINARY INVESTIGATION -the court cannot interfere in the conduct of preliminary investigation, however when the acts of the officer are without or in excess of authority resulting a grave abuse of discretion. EXTENT OF AUTHORITY OF THE OMBUDSMAN IN THE CONDUCT OF PRELIMINARY INVESTIGTAION -it has the primary authority to investigate and exclusive authority to file and prosecute Sandiganbayan cases. Also it has the authority to take over at any stage, from any investigatory agency of the government. PARTY TO CONDUCT PRELIMINARY INVESTIGATION IN ELECTION CASES -the commission of election is vested the power to conduct preliminary investigation. However, comelec can deputize other prosecuting arms of government to conduct preliminary investigation and prosecute offenses. OSUNA, CHARLENE MAY M. 3C2 BS-CRIMINOLOGY LSPU SPCC
Thank you for this lecture, sir! In this video, I have learned that the nature of the right to a preliminary investigation is an inquiry or proceeding to determine if there is sufficient ground to engender a well-founded belief a crime has been committed. the investigation is conducted not by the courts of law but by the department of justice through the national prosecution service be it the office of the provincial prosecutor or the office of the city prosecutor it is the determination of whether there is a crime is committed. Not all offenses not all crimes not all felonies require preliminary investigation there are some crimes that do not require the conduct of the preliminary investigation. As a general rule a penalty imposable is at least 4 years, 2 months, and 1 day then the preliminary investigation is required. Exceptions from the general rule (1) where information or complaint is filed pursuant to section 7 rule 112 for example if the complaint or information is filed directly in court for cases requiring preliminary Investigation (2) that a person is lawfully arrested without a warrant provided that inquest was made in accordance with rule 112 section six these are the Exceptions where a preliminary investigation is not required. the complaint should attach the affidavit of the complainant of their witness together with other supporting documents. Investigating prosecutor, within 10 days from the investigating officer from filling the complaint there are two options (1) the prosecutor can dismiss the complaint If he finds no ground to conduct the Investigation (2) issue a subpoena in case he finds the need to continue with the investigation in which case the subpoena shall be accompanied by the complaint and its supporting affidavits and documents. Purpose of Preliminary Investigation 1 To determine if the crime has been committed 2 To protect the accused from inconvenience, expense, and burden of defending himself in a formal trial 3 To secure the innocent against hasty, malicious, and oppressive prosecution 4 To protect the State from having to conduct a useless and expensive trial 5 To determine the amount of bail if the offense is available. Violanda, Venus M. 3-c2
OLIQUINO, JOSHUA O. 3C4 Done watching Atty! Thankyou for another knowledge acquired. I have learned a lot in Rule 112 of Preliminary Investigation such as: Nature of Right to Preliminary investigation -There is an inquiry underway to determine whether there is sufficient evidence to support a well-founded belief that a crime has been committed and that the respondent is most probably guilty of it and should be held for trial. It is not a formal court proceeding.
Documents accompanying the complaint -The affidavits of the complainant. The affidavit of the witnesses. Another supporting documents that would establish probable investigating officer. Duty of the Investigating Officer -The investigating officer has 10 days to decide whether to dismiss the case outright. If the investigating prosecutor determines that there is no reason to conduct a preliminary investigation, he will dismiss your complaint outright or issue a subpoena if he believes that the investigation must be continued. Filing of motion to dismiss during preliminary investigation. -A motion to dismiss is not, in general, an accepted pleading. Exceptions include countervailing evidence or defenses, as well as evidence that rebuts or repudiates the charges, in which case it will be considered as a counter affidavit. - To determine if the crime has been committed. - To protect the accused from inconvenience, expense and burden of defending himself in a formal trial. - To secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation - To protect the state from having to conduct useless and expensive trial - To determine the amount of bail, if the offenses are bailable Absence of preliminary investigation - It does not become a ground for motion to quash the complaint or information as it does not impair the validity of the information or affect the jurisdiction of the trial court. It does not affect the court's jurisdiction but merely the regularity of the proceedings. It does not impair the validity of the information. It does not justify the release of the respondent or nullify the warrant against him. Rights of the respondent in a preliminary investigation - The respondent can submit a counter affidavit. Examine the evidence submitted by the complainant at his own expenses. Be present during the clarificatory hearing Probable cause in a preliminary investigation - the existence of such facts and circumstances as would excite belief in a reasonable mind acting on the acts within the knowledge of the prosecutor, that the person charge was prosecuted. It is not a pronouncement of the guilt. Person authorized to conduct investigation - The provincial or City Prosecutor and their assistant, the National and Regional State Prosecutors and the Officers as may be authorized by law
Good day Atty. Thank you for this lecture. Like what you said Atty. Preliminary Investigation is not a formal trial in court, as a matter of fact when you say preliminary investigation this is conducted not by the court of law but by the department of justice through the National prosecution service be it the office of the provincial prosecutor or the office of the City Prosecutor as the case may be. Nature of Right is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime. When we say inquisitorial the purpose of preliminary investigation is to determine the sufficiency of evidence for the purpose of filing information in court it is not a trial of the case on merits, it means that the technical rules on evidence will not apply or do not apply in the preliminary investigation. Duty of the Investigating Officer the investigating officer/prosecutor has 10 days within which to decide on which of the following option to take such as to dismiss the complaint if he finds no ground to conduct the investigation or to issue a subpoena in case he finds the need to continue with the investigation. Purposes of Preliminary Investigation or the investigating prosecutor to determine if the crime has been committed, to protect the accused from inconvenience, expenses, and burden of defending himself in a formal trial, to secure the innocent against hasty, malicious, and oppressive prosecution, and to protect him from an open and public accusation, to protect the state from having to conduct useless and expensive trial and last is to determine the amount of bail if the offense is bailable. Waiver of the right to preliminary investigation the preliminary investigation is deemed waive by the express waiver or silence, the failure to invoke it during arraignment and consenting to be arraigned and enter a plea of not guilty without invoking the right to a preliminary investigation. The waiver whether expressed or implied must be in a clear and unequivocal manner. Rights of the respondent in a preliminary investigation submit a counter-affidavit, examine the evidence submitted by the complainant at his own expense and be present during the clarificatory hearing. Absence of a preliminary investigation the absence of the preliminary investigation does not become a ground for the motion to quash the complaint or information as it does not impair the validity of the information or affect the jurisdiction of the trial court, Affect the court jurisdiction but merely the regularity of the proceeding, impair the validity of information and justify the release of the respondent or nullify the warrant of arrest against him. Probable cause in the preliminary investigation is defined as the existence of such facts and circumstances as would excite belief in a reasonable mind.
Thankyou sir After watching this video i have learned the following: A preliminary investigation is one that is conducted to determine whether or not there is enough evidence to support a well-founded belief that a crime has been committed and that the respondent is most likely guilty of it and should be held for trial. It is not a formal court proceeding. Instead of a court of law, this is handled by the Department of Justice (DOJ) through the National Prosecution Service. It decides whether there is enough evidence to prove that a crime was committed and that the respondent charged is most likely guilty of it. There are crimes that do not necessarily require an initial investigation. In general, an impossible penalty is at least four years, two months, and one day, after which a preliminary investigation is needed. When it comes to the complainant's documents, he should attach his affidavit, his inadequacy, and any other relevant documents that would develop probable cause. The investigating officer, who is also the investigating prosecutor, has two options within 10 days of filing the complaint. The first is to dismiss the complaint outright if he finds no grounds to conduct the investigation, and the second is to issue a subpoena if he believes the investigation must be continued. A motion to dismiss is not an established pleading when it comes to the filing of a motion to dismiss during the preliminary investigation. The only exception is when it contains countervailing evidence or defenses, as well as evidence that rebuts or disproves the charge, in which case it is treated as a counter affidavit. Preliminary investigation is conducted(a) determine whether the crime was committed, (b) protect the accused from the innocence, expense, and burden of defending himself in a formal trial, (c) protect the innocent from hasty, malicious, and oppressive prosecution, (d) protect the State from having to conduct a useless and expensive trial, and (e) determining the amount of bail, if the offense is bailable PONTIGA JHENNIE T 3C2
Thank you for the knowledge atty we learned that in preliminary investigation, it is the main components of the preliminary investigation it is an inquiry to determine a sufficient ground to engender a well founded belief that a crime is committed and the respondent is guilty. it is not a formal trial court, conducted not by the courts of law but the department of justice or the office of the prosecutor.
Done watching sir nuevo po from 3c4 thankyou po for the lecture! PART 5 PRELIMINARY INVESTIGATION RULE 112 NATURE OF RIGHT. - it is an inquisition to determine whether or not there is a sufficient reason to engender a well-founded belief that a crime has been committed and the respondent is probably guilty. -it is inquisitorial as opposed to antagonistic when you reach the court, there are two opposing parties the prosecution, and the defense. -a preliminary investigation is not a trial on merits, it means the technical rules on evidence will not apply. PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED. - if the penalty imposable for the crime charged is at least 4 years 2 months and 1 day then a preliminary investigation is required. EXCEPTIONS -a complain of information is filed directly in court -if the accused had been lawfully arrested without the benefit of a warrant of arrest "inflagrante delicto arrest" DUTY OF THE INVESTIGATING OFFICER -it the prosecutor finds no ground to conduct a preliminary investigation then he will dismiss outright the complaint - if there is a ground to continue for the investigation then the prosecutor will issue the subpoena and allow the respondent to file his or her counter-affidavit
Thank you Sir. In this video I learned that Preliminary Investigation is an investigation that is taking place to determine whether or not there is sufficient evidence to support a well-founded belief that a crime has been committed and that the respondent is most likely guilty of it and should be held for trial. It is not a formal court trial. This is conducted by the Department of Justice (DOJ) through the National Prosecution Service instead of a court of law. It determines whether there is sufficient evidence that a crime was committed and the respondent charged is most likely guilty of it. Some crimes do not require a preliminary investigation. As a general rule, a penalty impossible is at least four years, two months, and one day, after which a preliminary investigation is required. When it comes to the documents containing the complainant, the complainant should attach his affidavit, his inadequacy, and any other relevant documents that would develop probable cause. Within 10 days of filing the complaint, the investigating officer, who is the investigating prosecutor, has two options. First is to dismiss the complaint outright if he finds no grounds to conduct the investigation, and the second is to issue a subpoena if he finds the need to continue with the investigation. When it comes to the filing of a motion to dismiss during the preliminary investigation, as a general rule, a motion to dismiss is not an established pleading. The exception is when it contains countervailing evidence or defenses, as well as evidence that rebut or invalidates the charge, in which case it is considered as a counter affidavit. The purposes of the preliminary investigation is (a) to determine whether the crime was committed comma, (b) to protect the accused from innocence, expense, and burden of defending himself in a formal trial, (c) to protect the innocent from hasty, malicious, and oppressive prosecution, (d) to protect the State from having to conduct a useless and expensive trial, and (e) to determine the amount of bail, if the offense is bailable. ARBISO, ARVIE D. 3C4
Done watching po atty. COSICO, ANGELICA M. 3C1 I had learned that the Duty if the Investigator is (1) dismiss (2) issue of subpoena. The complaint can file by a complaint affidavity and the respondent file the counter affidavit. In preliminary investigation a motion to dismmis is not an accepted pleading as a rule it is not allowed the filing of motion to dismiss. Clarificatory hearing not mandatory a hearing may be set by the investigating officer only. the parties do not have the right to examine or cross examination each other because it is not trial on merits.thats was one of what i had learned. Thank you
Good day atty thank you for this video lecture I've learned in this lesson the Preliminary Investigation RULE 112 NATURE OF RIGHTS - There is an investigation underway to see if there is enough evidence to support a well-founded conviction that a crime has been committed and that the respondent is most likely guilty and should be held pending trial. It is not a structured court proceeding. This is handled by the Department of Justice's National Prosecution Service, not by a court of law. It is a choice that must be made. - Preliminary Investigation is not a formal trial in court. PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED -Not every crime or offense necessitates a pre-investigation. Some offences do not necessitate the conduct of a preliminary investigation. When a penalty of at least 4 years, 2 months, and 1 day is imposed, a preliminary investigation is required, But when a penalty is exact 4 years 2 months is imposed the complaint and Information may Directly file in court. DOCUMENTS ACCOMPANYING THE COMPLAINT - there are needs first is complaint must attached the affidavit of the complainant, second is affidavits of his witness and third is other supporting documents that would establish probable cause. DUTY OF INVESTIGATING OFFICER - Within 10 days of filing the complaint, the investigating officer has two options: (1) outright dismissal if he sees no need to continue the investigation, or (2) issue a subpoena if he finds the need to continue the investigation.(Sec3 parb of rule 112) FILING MOTION TO DISMISS DURING PRELIMINARY INVESTIGATION -in Preliminary Investigation a motion to dismiss os not accept pleading, for alleges the innocent to respond without rebutting the evidence of the compliant as the exception when it contains coutervailing evidence which rebuts the charges it will he treated as a counter affidavits. CLARIFICATORY HEARIBG NOT MANDATORY - When there are facts and issues to be classified either from party or witness, it shall be conducted within 10 days from the submission of counter affidavits and other document filed by the respondent. note that parties do kot have right to cross examine each other or witness and in Sec 3 par e of rule 112 if they have a question to ask they need to submit the question to the Investigation officer shall ask. PURPOSES OF PRELIMINARY INVESTIGATION -(1) To decide if a crime has been committed; (2) to protect the accused from the inconvenience, expense, and responsibility of defending himself in a formal trial; (3) to protect the innocent from hasty, malicious, and coercive prosecution; (4) to prevent the State from having to hold an unnecessary and costly trial; and (5) to determine the amount of bail, if the offense is bailable. WAIVER OF THE RIGHT TO PRELIMINARY INVESTIGATION -it shall deemed waived by express waiver or by silence, failure to invoke it during arraignment, consenting to be arranged and entering a plea of not guilty wothout invoking the right to preliminary. PERSON AUTHORIZED TO CONDUCT INVESTIGATION -first is provincial or city prosecutor and Thier assistant second national and regional state prosecutor and other officers as may be authorized by law. COURT INTERFERENCE IN THE CONDUCT OF PRELIMINARY INVESTIGATION -the court cannot interfere in the conduct of preliminary Investigation leaving the Investigatory officers sufficient to determine probable cause and exception when treats of the officer are without in excess of authority resulting from a grave abuse of direction. Thank you atty, Godbless po
Good Day, Attorney! In this VRL that you have uploaded, I learned a lot in terms of preliminary Investigation. That a person who committed a crime with an imposable penalty of either exact or more than 4years 2 months and 1 day, will undergo a preliminary investigation. on the other hand, if a person who committed a crime has an imposable penalty of 4 years and 2 months can file their case directly to the court even without the recommendation of the prosecution likewise those who have been arrested without the virtue of a warrant arrest. There are 3 instances that a person can be arrested without the virtue of a warrant arrest; a. when you saw a person is committing a crime, about to commit a crime, or had been committed a crime, b. an escapee from prison and lastly, c. personal knowledge.
Attorney, good day! In terms of preliminary investigation, I learned a lot from this VRL that you uploaded. A preliminary investigation will be conducted on someone who commits a crime with a maximum sentence of four years, two months, and one day. On the other hand, if an individual is charged with a crime that carries a maximum sentence of 4 years and 2 months, they can file their case directly with the court.
Thank you sir! For expanding pur knowledge or idea about preliminary investigation. Preliminary Investigation Rule 112 NATURE OF RIGHT - the preliminary is an inquiry in determination for suffecient ground of the respondent, if he or she is probably guilty thereof (sec. 1, rule 112). - It is an inquisitorial ( determining the persons who may be reasonably charged with a crime). - It is not a trial (Herrera, 2007) Note: it is not a formal trial, it is not conducted in the court of law. Probably - qualifies wheter the respondents are guilty of the crime charged. The quatum of evidence necessary is very law Standard of evidence. - Preliminary investigation is a prelod for a formal trial in a court of law. -In court the nature of the proceeding is adversarial. - it is not a fromal trial on merits. PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED: -not all offenses, crimes, or felonies required preliminary investigation. -if the penalty is imprisonment of atleast 4 years, 2 months and 1 day, it required preliminary investigation. EXEMPTION TO THE GENERAL RULE: 1.) Complaint or information is filed directly in court (Ibid). 2.) lawfully arrest without warrant (inflagrante de licto)(Sec. 6, Rule 112). -the investigating officer has a duty, it stated the following; Within 10 days from the termination of investigation, shall determine whether or not there is sufficient ground to hold the respondents for trial. - If the officer finds cause to hold respondents to trial, he shall prepare the resolution and information - Otherwise recommend for the dismissal of the complaint GENERAL RULE: A motion to dissmiss is not an accepted pleading. Except if it contains countervailing evidences which rebuts the charges; then it will be treated as counter affidavit. PURPOSE OF PRELIMINARY INVESTIGATION 1. To determine if the crime has been committed 2. To protect the accused from inconvenience, expense and burden of defending himself in a formal trial 3. To secure the innocent against hasty, malicious and oppressive prosecution 4. To protect the State from having to conduct useless and expensive trial and 5. To determine the amount of bail, if the offense is bailable. WAIVER of the RIGHT to PRELIMINARY INVESTIGATION: 1. Express wavier or by silence ( Herrera, 2007). 2. Failure to invoke it during arraignment 3. Consenting to be arraingned and entering a plea of guilty without invoking the right to preliminary investigation. Note: the wavier, wether express or emplied, must be in a clear and unequivocal manner (Herrera, 2007). CALAGO, RESSA A. (3C1)
Good day po Sir! Dela Cruz, Marie-An B. from 3C3. This is the topics that I learned from the discussion: PRELIMINARY INVESTIGATION RULE 112 Nature of Right It is an, inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Secs 1, Rule 112) . • It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime. • It is not a trial of the case on the merits (Herrera, 2007) Period when preliminary investigation is required to be conducted General Rule: Before the filing of a complaint or information for an offense where the penalty prescribed by taw is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine (Sec. 1, Rule 112) Period when preliminary investigation Is required to be conducted Exceptions: Where an information or complaint is filed pursuant to Sec 7, Rule 112, i.e. the complaint or information is filed directly in court (Ibid.); For cases requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule 112 (Ser. 6. Rule 112). Documents Accompanying the Complaint The affidavits of the complainant The affidavits of his witnesses; and Other supporting documents that would establish probable cause Duty of the Investigating Officer From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take: To dismiss the complaint if he finds no ground to conduct the investigation; or To issue a subpoena in case he finds the need to continue with the investigation, in which c--se the subpoena shall be accompanied with the complaint and its supporting affidavits and documents (Sec 3(b), Rule 112).
Done Watching sir OBRADOR JUVY 3C4 Thank you sir for another video recorded lecture. It will surely help us a lot❤️. These are the things I've learned the first thing is about the nature of preliminary investigation under the Rule 112. (a) it is an inquiry or proceeding to determine whether there is sufficient ground to engender a well founded belief a crime has been committed and the respondent is probably guilty. (b) it is merely inquisitorial and a means of determining the person's who may be reasonably charge with a crime (c) it is not a trial of the case on the merits. In preliminary investigation the quantum of evidence is very low the only question as a matter of fact is whether the accused is probably committed the offense. In addition it is a prelude for a formal trial in a court of law. Period when the preliminary investigation required to be conducted, I also learned that not all offenses, not all crimes not all felonies requires a preliminary investigation. As a General rule "Before the filling of a complaint or information for an offense where the penalty prescribed by law is imprisonment of atleast 4 years, 2 month and 1 day without regard to the imposable fine" -if the penalty imprisonment imposable for the offense charge is atleast 4 years, 2 months and 1 day without regard to the imposable fine then a preliminary investigation must required. However there is also an exceptions to the general rule (1) where an information or complaint is filed pursuant to Sec 7 Rule 112 the complaint or information is filed directly in court. (2) for cases requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule 112 Thank you po❤️
Mendoza ,Francis M. 3C3 Thank you sir sa lecture . I lerned that the Preliminary investigation is not a formal trial in court . Because the nature of this investigation is to determine the sufficient evidence in crime committed and charged the respondent as guilty. In the General rule of preliminary investigation the penalty imposable at least 4 years , 2months, and 1 day is preliminary investigation require .
John Erico A. Bautista 3C4 Thankyou sir. In this lesson here are the summary of what I've learned: The nature of the right of a preliminary investigation it is inquisition of proceedings of determination that inquiry is being determine whether or not there is a sufficient reason well found belief of crime has been committed and the respondent is guilty and probably is use if the respondent is not yet guilty of the charge crime. According to rule 112 section 1 guilty is qualify the word probably which is only a probable not means the respondent is guilty to the crime charge committed and the quantum of evidence in preliminary evidence is very low. Purpose of Preliminary Investigation 1. To determine if the crime has been committed 2. To protect the accused from inconvenience, expense and burden of defending himself in a formal trial 3. To secure the innocent against hasty, malicious and oppressive prosecution 4. To protect the State from having to conduct useless and expensive trial and 5. To determine the amount of bail, if the offense is bailable
good day atty. Done watching thank you for information. Orense, Gio R.- 3c1 based on the video lecture the purpose of preliminary Investigation is to determine if the crime has been committed with a probable cause, to protect the accused from inconvenience expense and burdens, to secure the innocent against hasty, malicious and oppressive prosecution, to protect the state from having to conduct a useless and expensive trial, and lastly to determine the amount of bail. But even this preliminary Investigation is absence it will not affect the motion to quash, affects the court's Jurisdiction, impair the validity of the information, and release of the respondents or nullify the warrant of arrest. A preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. And the person authorized to conduct investigation first is provincial or city prosecutor and their assistant second national and regional state prosecutor and other officers as may be authorized by law.
SUAYAN, NIKKI B. 3C2 Thank You Sir for the lesson. Summary of what I've learned: NATURE OF RIGHT 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. -there is an inquisition or proceeding of determination, that inquiry is to determine whether or not there is a sufficient reason to engender well-funded belief that crime has been committed and the respondent is probably guilty thereof and should be held for trial.
CAPONPON, ELLIEN H. 3C3 Thankyou sir! In this video lecture I've learned that: Preliminary Investigation is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and that respondent is probably guilty of a crime.-Is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and that respondent is probably guilty of a crime.-Is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and that respondent is probably guilty of a crime. The Main Components of Preliminary Investigation is determine whether is a sufficient reason to engender a well-funded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held in for trial. Probably is used to determine whether the respondent is guilty of the crime charge or not. Quantum of Evidence is used to determine whether the respondent is guilty of the crime charge or not. There are two opposing parties the Prosecution and Defense. Inquisitorial its purpose in the preliminary investigation is to determine sufficiency of evidence for the purpose of filing an information in court. Resolution vs. Information Resolution Conclusion or findings of investigating prosecutor. There are narration of facts such as allegations of complainant and or the defenses of the respondents. The investigating prosecutor will calibrate the evidence, soundness of the arguments, and the logic of consistency factual and legal
BIANZON, EDMON M 3C2 In this video lecture I've learned that the preliminary Investigation is an inquiry to determine whether or not there is sufficient evidence to support a well-founded belief that a crime has been committed and that the respondent is most likely guilty of it and should be held for trial.This is conducted not by the courts of law but by the Department of Justice through National Prosecution Service. NOTE: If the penalty imposable for the crime charge is at least 4 years, 2 months and 1 day then preliminary investigation is required. Purpose of preliminary investigation: (1)Determine of crime has been committed(2.) Preliminary investigation will protect the accused from inconvenience, expense and burden of trial.(3.) To secure innocent.(4.) Protect state.(5.) Determine amount of bail if bailable. Thank you sir
ENDONILLA, AVEGEL U. 3C1 Thank you Sir for this video lecture. A preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed. The investigator has 10 days within which to decide on the following options such as to dismiss the complaint if he finds no ground to conduct the investigation and issue a subpoena in case he finds the need to continue with the investigation. The investigating prosecutor has to determine if the crime has been committed. It is not a pronouncement of guilt. The respondent must submit a counter-affidavit; examine the evidence submitted by the complaint at his own expense; and be present during the clarificatory hearing. The absence of a prelimenary investigation does not become a ground for a motion to quash the complaint or information.
GOOD DAY SIR! I've learned in this lesson the Preliminary Investigation RULE 112 NATURE OF RIGHTS is an inquiry is undertaken to determine whether there is sufficient evidence to sustain a well-founded belief that a crime has been committed and that the respondent is most likely guilty and should be held until trial. It isn't a well-structured court case. This is handled by the National Prosecution Service of the Department of Justice, not a court of law. It's a decision that needs to be made. A preliminary investigation is not the same as a real court trial. DUTY OF INVESTIGATING OFFICER Within 10 days of filing the complaint, the investigating officer has two options: (1) outright dismissal if he sees no need to continue the investigation, or (2) issue a subpoena if he finds the need to continue the investigation.(Sec3 parb of rule 112) FILING MOTION TO DISMISS DURING PRELIMINARY INVESTIGATION in Preliminary Investigation a motion to dismiss os not accept pleading, for alleges the innocent to respond without rebutting the evidence of the compliant as the exception when it contains coutervailing evidence which rebuts the charges it will he treated as a counter affidavits. CLARIFICATORY HEARIBG NOT MANDATORY When there are facts and issues to be classified either from party or witness, it shall be conducted within 10 days from the submission of counter affidavits and other document filed by the respondent. note that parties do kot have right to cross examine each other or witness and in Sec 3 par e of rule 112 if they have a question to ask they need to submit the question to the Investigation officer shall ask. SAMSAMAN, PAULINE MAE O. 3C3 BS CRIMINOLOGY
Thank you sir. Carlos, Jayson P. 3c3 In this video lecture I learned that Preliminary investigation is to determine whether is sufficient evidence that a crime was committed and the respondent charge is probably guilty thereof preliminary investigation is not a formal trial in court as a matter of fact when you say a preliminary investigation this is not conducted not by the court of law but by the Department of Justice the national prosecutor service be it office of provincial prosecutor or the office city prosecutor. Nature of Right is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime, not a trial of the case on the merits and the nature of proceedings is adversarial for the prosecutor and for the accused. Require preliminary investigation as a general rule Before the filing of a complaint or information for an offense where the penalty prescribed by taw is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine. Exception where an information or complaint is filed pursuant to See 7, Rule 112, i.e. the complaint or information is filed directly in court, For cases requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule 112 (Ser. 6. Rule 112). Documents Accompanying the Complaint the affidavits of the complainant. The affidavits of his witnesses; and Other supporting documents that would establish probable cause. Duty of the Investigating Officer From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to takeTo dismiss the complaint if he finds no ground to conduct the investigation; or To issue a subpoena in case he finds the need to continue with the investigation, in which c-se the subpoena shall be accompanied with the complaint and its supporting affidavits and documents (Sec 3(b), Rule 112). Clarificatory Hearing NOT mandatory A hearing may be set by the investigating officer only when there are facts and issues to be clarified either from a party or a witness, which shall be conducted within ten days from the submission of the counter-affidavit, other affidavits and documents filed by the respondent. Purposes Of Preliminary Investigation For the investigating prosecutor to determine if the crime has been committed. To protect the accused from inconvenience, expense and burden of defending himself in a formal trial unless probability of his guilt is first ascertained by a competent officer, To secure the innocent against hasty, malicious, and oppressive prosecution and to protect him from an open and public accusation of a crime and anxiety of a public trial; To protect the State from having to conduct useless and expensive trial, and To determine the amount of bail, if the offense is bailable Rights of the respondent in a preliminary investigation 1. Submit a counter affidavit; 2. Examine the evidence submitted by the complainant at his own expense;. 3. Be present during the clarificatory hearing WHO MAY CONDUCT DETERMINATION OF EXISTENCE OF PROBABLE CAUSE Persons authorized to conduct investigation 1. Provincial or city prosecutors and their assistant 2. National and Regional State Prosecutors; and 3. Other officers as may be authorized by law (e.g Ombudsman authorized officer deputized by COMELEC for election offenses)
I’ve learned plenty of knowledge on how preliminary investigation was deliver and conduct. So, preliminary in a proceeding give evidence merits to determine if there is a sufficient ground to bring about a well-founded belief. Also, the preliminary investigation has an exception which are given to the offended party who is caught by the way of warrantless arrest.
Good day Sir! I am De Ocampo, Sara Angeluz T. from BS-Criminology 3C2. This is the knowledge that I learned from the previous discussion PRELIMINARY INVESTIGATION RULE 112 Nature of Right It is an, inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Secs 1, Rule 112) . • It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime. • It is not a trial of the case on the merits (Herrera, 2007)
Good Day Atty In this video lecture I’ve learned about the PRELIMINARY INVESTIGATION RULE 112. -The main components of preliminary investigation, first it is an inquiry, it is to determine whether or not there is a sufficient reason to endanger a well-founded belief that a crime has been committed and second the respondent charge is probably guilty thereof, and should be held for trial. NOTE: preliminary investigation is not a formal trial in court, as a matter of fact when you say preliminary investigation this is conducted not by the court of law but by the department of justice through the National prosecution service be it office of the provincial prosecutor or the office of the City prosecutor. PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED -Not all offenses, crimes and felonies require a preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation. NOTE: If the penalty imposable for the crime charge is at least 4 years, 2 months and 1 day then preliminary investigation is required then file the complaint in the prosecutor however, if the penalty is 4 years and 2 moths below then it does not require preliminary investigation and it can be filed in court directly. EXEMPTION: -When an information or complaint is filed directly in court. -That a person is lawfully arrested without a warrant provided that inquest was made in accordance with rule 112. Note: If the person arrested without the warrant of arrest inquest proceeding will be applied. Purpose of Preliminary Investigation 1. To determine if the crime has been committed 2 .To protect the accused from inconvenience, expense, and burden of defending himself in a formal trial 3 .To secure the innocent against hasty, malicious, and oppressive prosecution 4 .To protect the State from having to conduct a useless and expensive trial 5. To determine the amount of bail if the offense is available.
Done watching sir! AVERION, DIANNE D. 3C4 In this video recorded lecture, I've learned the Preliminary Investigation is an inquiry or proceedings to determine whether if there is sufficient ground to a well founded belief that a crime is committed and the respondent is guilty and should be held on trial. The inquiry is a inquisition determine sufficient reason and belief that the crime committed. Preliminary Investigation is not a formal trial in court. It is conducted not by the courts of the law but by the Department of Justice. The Probably which qualifies the respondent is guilty of the crime charge. The rules of the court use the word probably because when a resolution is issued by the prosecutors office finding the probable cause that means that the person is not guilty of the crime charge. Under rule 112 section 1 the word guilty is qualified by the word probably which means it is only a probable cause. In Preliminary Investigation the quantum of evidence is very low. In court the nature of proceedings is adversarial there are adversaries for the prosecution and for the accused. In preliminary investigation the nature is merely Inquisitorial it is not adversarial. Inquisitorial determine sufficiency of evidence for the purpose of filing an information, It is not a trial in a case on merits. Not all offenses not all crimes, felonies require preliminary investigation there are some crimes do not require preliminary investigation. If the penalty impossable for the offense charge is atleast 4 years 2 months and 1 day the preliminary investigation is required. The Duty if the Investigator is (1) dismiss (2) issue of subpoena. The complaint can file by a complaint affidavity and the respondent file the counter affidavit. In preliminary investigation a motion to dismmis is not an accepted pleading as a rule it is not allowed the filing of motion to dismiss. Clarificatory hearing not mandatory a hearing may be set by the investigating officer only. the parties do not have the right to examine or cross examination each other because it is not trial on merits. Thankyou sir!
thank you sir . i learned in this video lecture is about preliminary investigation Rule 112 that preliminary investigation is not a formal trial in court but is conducted not by the court but by the Department of Justice through National police and preliminary investigation is determining if there is a sufficient evidence that there is a crime committed and the person is might probably committed of crime charge. the nature of the right of a preliminary investigation it is inquisition of proceedings of determination that inquiry is being determine whether or not there is a sufficient reason well found belief of crime has been committed and the respondent is guilty and probably is use if the respondent is not yet guilty of the charge crime, according to rule 112 section 1 guilty is qualify the word probably which is only a probable not means the respondent is guilty to the crime charge committed and the quantum of evidence in preliminary evidence is very low. in addition the nature of preliminary investigation it is a merely inquisitorial and means determining the person who may reasonably charge with a crime and it is not a adversarial. the period when preliminary investigation is required to be conducted if the penalty is prescribed by the law is imprisonment at least 4 years, 2 months and 1 day without a impossible fine however not all crime, offenses and felony is required a preliminary investigation and less than 4 years, 2 months and 1 day is not being required to conduct a preliminary investigation. hence, that preliminary investigation is not required in the exception if the complaint or information can be filed directly in court. without arrest warrant is not required a preliminary investigation but a inquest and arrest without warrant in flagrante delicto is person arrest caught in the act and police officer cannot detained a person within 18hrs if the penalty is imposable of correctional penalty next is 12 hrs it the penalty is light penalty and last is 36hrs if it is a punishable by capital punishment. the complaint should be accompany by affidavit of complaint, affidavit of witness and supporting document that will establish a probable cause and filling of complaint the prosecutor has a option within 10days whether it is going to dismiss if did not filed a ground in investigation or issue a subpoena and motion to dismissal is not allowed during preliminary investigation. the subpoena is being issue and the respondent file a counter affidavit within 10 days the investigating prosecutor will determine whether or not sufficient ground to hold respondent to trial and the distinction between resolution and information, resolution it is a conclusion or findings , narration of facts while information it is a “demanda” contain act or omission constituting of elements of crime it is being filed in court. The purpose of preliminary investigation first is to determine if the crime has been committed, protect the accuse from inconvenience and protect the state from the use less trial and determining the amount of bail and you cannot post bail if the offense is punishable of reclusion perpetua but even if the offense is reclusion perpetua if the evidence is not strong you can still post bail and you will know the amount of bail in the back of resolution and the preliminary investigation is deemed waived by the express waive or silence in addition probable cause in preliminary investigation it is a facts and circumstances would excite belief in reasonable mind and the authorize to conduct investigation is a provincial, national and regional state prosecutor and other authorized offices. CORONADO-3C4
Good day sir, In this video lecture I have learned the following: PART 5 PRELIMINARY INVESTIGATION RULE 112 NATURE OF RIGHT. - it is an inquisition to determine whether or not there is a sufficient reason to engender a well-founded belief that a crime has been committed and the respondent is probably guilty. -it is inquisitorial as opposed to antagonistic when you reach the court, there are two opposing parties the prosecution, and the defense. -a preliminary investigation is not a trial on merits, it means the technical rules on evidence will not apply. PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED. - if the penalty imposable for the crime charged is at least 4 years 2 months and 1 day then a preliminary investigation is required. EXCEPTIONS -a complain of information is filed directly in court -if the accused had been lawfully arrested without the benefit of a warrant of arrest "inflagrante delicto arrest" DUTY OF THE INVESTIGATING OFFICER -it the prosecutor finds no ground to conduct a preliminary investigation then he will dismiss outright the complaint - if there is a ground to continue for the investigation then the prosecutor will issue the subpoena and allow the respondent to file his or her counter-affidavit. PURPOSES OF PRELIMINARY INVESTIGATION -determine if there is a crime committed - preliminary investigation will protect the accused from inconvenience, expense, and burden of a public trial -Protecting the innocent against hasty, malicious, and oppressive prosecution. -Protect the state to conduct useless and expensive trials. -Determine the amount of bail. WAIVER OF THE RIGHT TO PRELIMINARY INVESTIGATION -Express waiver by silence -Failure to invoke it during arraignment -It must be in a clear and unequivocal manner ABSENCE OF A PRELIMINARY INVESTIGATION - Does not become a ground for a motion to quasi -Does not affect the court's jurisdiction -Does not impair the validity of the information -And justify the release of the respondent or nullify the warrant of arrest. RIGHTS OF THE RESPONDENT IN A PRELIMINARY INVESTIGATION -Can submit a counter affidavit -Can examine the evidence embedded by the complainant at his own expense -And being present during the clarificatory hearing PROBABLE CAUSE IN PRELIMINARY INVESTIGATION - it is the existence of such facts and circumstances as would excite belief in a reasonable mind.
LATAG, EROL JAY D. 3C2-BS CRIMINOLOGY Thank you sir. For this lesson I learned the following: Nature of Right ·It is an, inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Secs 1, Rule 112). ·It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime. From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take: 1.To dismiss the complaint if he finds no ground to conduct the investigation or 2. To issue a subpoena in case he finds the need to continue with the investigation, in which c- Clarificatory Hearing NOT mandatory ·A hearing may be set by the investigating officer only when there are facts and issues to be clarified either from a party or a witness, which shall be conducted within ten days from the submission of the counter-affidavit, other affidavits and documents filed by the respondent. Duty of the prosecutor after the termination of Investigation ·Within 10 days from the termination of the investigation, the investigating prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial (Sec.3(f),Rule 112). Absence of a preliminary investigation does NOT: 1. Become a ground for a motion to quash the complaint or information as it does not impair the validity of the information or affect the jurisdiction of the trial court (Sec. 3, Rule 117;People v.Buluran,G.R.No.113940,February 15,2000); 2.Affect the court's jurisdiction but merely the regularity of the proceedings (People v. De Asis,G.R.No.105581,December Z 1993); 3. Impair the validity of the information or render it defective and 4.Justify the release of the respondent or nullify the warrant of arrest against him Rights of the respondent in a preliminary investigation 1.Submit a counter affidavit; 2. Examine the evidence submitted by the complainant at his own expense; 3.Be present during the clarificatory hearing Probable cause in preliminary investigation It is the existence of such facts and circumstances as would excite belief in a reasonable mind, acting on the acts within the knowledge of the prosecutor, that the person charged was prosecuted. It is not a pronouncement of guilt. Persons authorized to conduct investigation 1. Provincial or city prosecutors and their assistant 2.National and Regional State Prosecutors 3. Other officers as may be authorized by law (e.g. Ombudsman authorized officer deputized by COMELEC for election offenses)
PRIOL, DARWIN J. 3C2 Good Day Sir. Thank you for video lecture. And this is the summary that I've learned from this topic. Preliminary investigation is not a formal trial in court. It is a determination whether there is sufficient evidence that a crime is committed and the respondent charged is probably guilty thereof. Not all crimes or offenses require preliminary investigation. As a general rule a penalty imposable is at least 4 years, 2 months and 1 day then preliminary investigation is required. The investigating officer has two option (1) outright dismissal, if he finds no ground to conduct the investigation (2) issue a subpoena in case he finds the need to continue with the investigation. The exception is when it contains countervailing evidence or defenses and evidence which rebuts or repudiated the charges, in which case it will be treated as counter affidavit. And the investigation must continue.
FAJANILAN, KRISTEL ANNE C. 3C1 Thank you Sir for the lesson. This is the summary of what I've learned: Preliminary Investigation Rule 112 Nature of Right - Preliminary Investigation investigation is an inquiry to determine whether there is sufficient reason to engender a well-founded belief that a crime has been committed and that the respondent is probably thereof and shod be held for trial. It is not a formal trial in court. This is conducted not by the courts of law but by the Department of Justice through National Prosecution Service be it Office of the Provincial Prosecutor or the Office of the City Prosecutor as the case may be. The word probably which qualifies whether the respondent is guilty of the crime charge. The rules of Court uses the probably because when a resolution is issued by the Prosecutors Office finding probable cause that means the respondent is not yet guilty of the crime charged. During the preliminary investigation, the quantum of evidence or the weight of evidence necessary for the prosecutor to find probable cause is only a very low standard. Only question to determine during preliminary investigation is whether the accused might have probably committed the crime or not. In preliminary, it is merely inquisitorial, it is not adversarial. The technical rules on evidence will not apply in a preliminary investigation. Period when preliminary investigation is required to be conducted Not all offenses, not all crimes, not all felonies require preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation. As a general rule, if the penalty impossable for the crime charge is atleast 4 years, 2 months and 1 day then preliminary investigation is required. As exceptions (1) a complaint or information is filed directly in Court. Can no longer file affidavir before the prosecutors office (2) if the accused have lawfuly arrested without the benefit of a warrant of arrest (Inflagrante delicto arrest) Offenses which are punishable by imprisonment of less than the treshold period (4 years, 2 months and 1 day) then it does not require preliminary investigation The documents accompanying the complaint shall attach the affidavits of the complain, the affidavits of his witness and ofther supporting documents that would establish probable cause. Duty of the Investigating Officer Within 10 days the investigating officer has two option whether to dismiss outright. If the investigating prosecutor finds no ground to conduct preliminary investigation, then he will dismiss outright your complaint or to issue subpoena in case he finds the need to continue with the investigation Filling of Motion to dismiss during preliminary investigation As a general rule, a motion to dismiss is not an accepted pleading. However as exceptions, countervailing evidence or defenses and evidence which rebuts or repudiates the charges in which case it will ve treated as a counter affidavit. In preliminary investigation there is no cross examination Duty of the Prosecutor after the termination of investigation Within 10 days, the prosecutor should determing whether or not there is sufficient ground to hold the respondent for trial. Afterwards, if the investigating offucer find cause to hold the respondent for trial, shall prepare resolution and information. Resolution, conclusion/findings by investigating prosecutor while information contain the acts or omission complaint of constituting the crime. Otherwise, recommend the dismiss of the complaint. Purpose of Preliminary Investigation To determine if the crime has been committed. To protect the accused from inconvenience, expense and burden of defending himself in a formal trial. To secure the innocent against hasty, malicious annd oppressive prosecution. To protect the state from having to conduct useless and expensive trial and to determine the amount of bail, if the offenses is bailable If the offense is impossable by Reclusion Perpetua or death and the evidencw of guilt is strong, you cannot post bail. You can only post bail if the offense is not punishable by reclusion perpetua or death but if the offense is punishable by reclusion perpetua or death and the evidence of guilt is not strong you can post bail.
Thank you sir. For the Video Record Lecture. -The components of preliminary investigation is an inquiry, it is to determine whether or not there is a sufficient reason to endanger a well-founded belief that a crime has been committed and second the respondent charge is probably guilty thereof, and should be held for trial. *preliminary investigation is not a formal trial in court. *preliminary investigation this is conducted not by the court of law but by the department of justice. *the word probably which qualifies whether the respondent is guilty of the crime charge. *probable means that the respondent is not yet guilty of the crime charge. NATURE IN PRELIMINARY INVESTIGATION -it is a merely inquisitorial and a means of determining the persons who may be reasonably charge with a crime. WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED -Not all offenses, crimes and felonies require a preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation. NOTE: If the penalty imposable for the crime charge is at least 4 years, 2 months and 1 day then preliminary investigation is required. EXEMPTION: -When an information or complaint is filed directly in court. -That a person is lawfully arrested without a warrant provided that inquest was made in accordance with rule 112. DUTY OF THE INVESTIGATING OFFICER -the investigating officer/prosecutor has 10 days within which to decide on which of the following option take such as to dismiss the complaint. CLARIFICATORY HEARING NOT MANDATORY -a hearing may set by the investigating officer only when there are facts and issues to be clarified either from a party or a witness and shall be conducted within 10 days from the submission. DUTY OF THE PROSECUTOR AFTER THE TERMINATION OF INVESTIGATION -within 10 days the prosecutor shall determine whether or not there is a sufficient ground to hold respondents for trial. PURPOSES OF PRELIMINARY INVESTIGATION -for the investigating prosecutor to determine if the crime has been committed, to protect the accused from inconvenience, expenses and burden of defensing himself in a formal trial., to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation, to protect the state from having to conduct useless and expensive trial and last is to determine the maount of bail, if the offense is bailable. RIGHT OF THE RESPODENT IN A PRELIMINARY INVESTIGATION -submit a counter affidavit, examine the evidence submitted by the complainant at his ownexpense and be present during the clarificatory hearing. ABSENCE OF A PRELIMINARY INVESTIGATION -the absence of the preliminary investigation does not become a ground for the motion to quash the complaint or information. PROBABLE CAUSE IN PRELIMINARY INVESTIGATION -Probable cause in the preliminary investigation is defined as the existence of such facts. EXTENT OF AUTHORITY OF THE OMBUDSMAN IN THE CONDUCT OF PRELIMINARY INVESTIGTAION -it has the primary authority to investigate and exclusive authority to file and prosecute Sandiganbayan cases. Also it has the authority to take over at any stage, from any investigatory agency of the government. PARTY TO CONDUCT PRELIMINARY INVESTIGATION IN ELECTION CASES -the commission of election who is vested the power to conduct preliminary investigation. However, comelec can deputize other prosecuting arms of government to conduct preliminary investigation and prosecute offenses. COMIA JOHN ANGEL A. 3C4 THANK YOU PO SIR.
VELASQUEZ, FATIMA MAE C. 3-C1 Thank you Sir. Nature of Right * it is an inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. * It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime. * It is not a trial of the case on the merits.
MARVIN V. CABANGON 3C1 PRELIMINARY INVESTIGATION RULE 112 Good Day Atty. Based on this video lecture I knew all about the Preliminary Investigation, it's purpose, and difference amongst the inquest proceeding and trial. First of all I learned that Preliminary Investigation is only conducted as general rule for those offenses that are more than and at least Four(4) year, two(2) months and one(1) day , amd those less than this will no need to conduct preliminary Investigation. It is merely Inquisitorial rather than Adversarial because it only focuses to the accused and there is no cross examination here. Likewise Preliminary Investigation is accompanied with complaints and information. The purpose of preliminary Investigation is to determine if the crime has been committed with a probable cause, to protect the accused from inconvenience expense and burdens, to secure the innocent against hastly, malicious and oppressive prosecution, to protect the state from having to conduct a useless and expensive trial, and lastly to determine the amount of bail. But even this preliminary Investigation is absence it will not affect the motion to quash, affects the court's Jurisdiction, impair the validity of the information, and release of the respondents or nullify the warrant of arrest. This lecture also state the authority who may be able to conduct preliminary Investigation amd those are the provincial or city prosecutor, national and regional state prosecutor and other officers who may be prescribe by law, but during election the COMELEC will be the one who are responsible in conducting preliminary Investigation but they can deputize any officer in authority. Likewise, The Ombudsman has the primary authority to investigate and exclusive authority to file and prosecute Sandiganbayan cases. Lastly I also learned that when arresting without warrant of arrest which falls under inflagranti delicto the inquest proceeding will be the proceedings instead of preliminary Investigation. And the court cannot interfere in the conduct kf preliminary Investigation as a general rule but the exemption is when the act of the officer is bias and will result to grave abuse of discretion the court will interfere.
Matibag, Jhon Marvin M. 3c3 Bs criminology Thank you atty for this video lecture this is my summary I've learned Preliminary Investigation (rule 112) Nature of right, it is an inquiry or proceeding to determne whether there is sufficient ground to engender a well founded belieg a crime has been committed and the respondent is probability guilt thereof and should be held trial, it is inquistorial and means of determining the persons who may be reasonably charged with a crime, it is not a trial of the case. Period when filing preliminary investigation is required to be conducted General Rule,Before complaint or information for an offense when the penalty described by law of imprisonment of atleast 4 years, 2 months and1 day without regard to the imposible fine Exceptions, complaint or information is filed directly in court, for cases requiring preliminary investigation that a person is lawfully arrested without a warrant Documents Accompanying the Complaint, the affidavit of the complaint, the affidavits of his witness and other supposing document tha would be establish probable cause Duty of the Investigating Officer From the filing of the complaint the investigating officer has 10 days within which to decide on which of the following option to take, to dismiss the complaint if he finds no grounds so conduct the investigation, to issue subpoena in case he finds the needs to continue which the investigation in which the subpoena shall be accompanied with the complaint and its supporting affidavits and documents.
Thank you Sir! GARING, DOLORES E. 3C4 The following are the summary of what I've learned in your discussion regarding Rule 112 Preliminary Investigation: The Nature of Right, it's an inquiry. An inquisition or proceeding of determination to determine whether or not there's a sufficient ground or reason to the well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. *the court use the word PROBABLY for it qualifies whether the respondent is not yet guilty of the crime charge, it just a probable cause, that the respondent could be committed the crime and not that he/she is guilty beyond reasonable doubt. Preliminary investigation is not a formal trial in court, and not conducted in court of law but by the department of justice through the national prosecution service. -Period when preliminary investigation is required to be conducted *complaint/information is filed directly in court(you do not have to file complaint affidavit before the prosecutors office) DIRECT FILING *If the accused has been lawfully arrested without warrant *Once the person is arrested, the police officer need to submit that letson to the prosecutor for an inquest, if not he will be charge of illegal detention / delay in the delivery of the detained person. - Documents accompanying the complaint *affidavits of the complaint ; *affidavits of his witnesses; and *other supporting documents that would establish the probable cause -Duties of the Investigating officer From the filing of the complaint the investigating officer has ten (10) days which to decide on which of the following option to take: 1. Dismiss the complaint if he finds no grounds to conduct the investigation; or 2. Issue a subpoena, in case he finds the need to continue with the investigation, in which case the subpoena shall be accompanied with the complaint and it's supporting affidavit and documents. -Filing motion to dismiss during preliminary investigation *in general rule, motion to dismiss is not acceptable pleading in preliminary investigation _exception : when it contain countervailing evidence or defenses and evidence which rebuts or repudiates the charges which case it will be treated as a counter affidavit. -Duty of the prosecutor after the termination of investigation *within ten(10) days from the termination of the investigation, the investigating prosecutor shall determine whether or not there is sufficient ground to hole the respondents for trial(sec 3(f), rule 112) * afterwards, if the investigating officer finds cause to hold the respondent for trial, he shall prepare the resolution and information. •resolution means the conclusion of the findings •information it contains the act or omission constituting the element of the crime. *otherwise, if the prosecutor didn't find the ground for trial, he shall recommend the dismissal of the (Sec 4, Rule 112) Here are the purposes of preliminary investigation : it is to determine if the crime has been committed; to protect the accuse from inconvenience, expense, and burden of defending himself in a formal trial unless probability of his guilt is first ascertained by a competent officer; to insure innocent against the hasty, malicious and oppressive prosecution and to protect him from an open and public accusation of a crime and anxiety of public trial; to protect the State from having to conduct unless and expensive trial; and to determine the amount of bail, if the offense is bailable. Theres a waiver of the right to preliminary investigation, it can be deemed waive by the express of waiver OR the silence and waive whether expressed OR implied must be in clear and unequivocal manner. Absence of preliminary investigation is not a ground for motion to quash the complaint or information, impair the validity of information or affect the jurisdiction of the trial court. -Rights of the respondents in preliminary investigation: •submit a counter affidavit; •examine the evidence submitted by the complainant at his own expense; •be present during the clarificatory hearing. Who are those persons that authorized to conduct investigation? These are the: •provincial or city prosecutor and their assistant •the national and regional state prosecutor; and •other officers as may be authorized by law
CENTENO, JOSEPH RYAN ACE G. 3C1-BS CRIMINOLOGY Criminal procedure Part 5 Done watching po sir thank you po. In this video lecture I have learned a lot specially on what is priliminary investigation, how it is conducted, why it is conducted, when it is required to be conducted and what is the purposes of preliminary investigation. Preliminary investigation is an inquisition or proceeding to determine the sufficiency of evidence whether the respondent is probably guilty thereof, and should be held for trial. Preliminary investigation is required to be conducted if the penalty or imprisonment is 4 years 2 months and 1 day or above, and if the penalty or imprisonment is 4 years and 2 months or below then preliminary investigation is not required. I had also learned about what are considered as valid warrantless arrest. And I had also learned how many hours should the person under arrest must be turned over already according to their penalties. I had also learned about what is the duty of investigating officer or investigating prosecutor. The Investigating prosecutor shall recommend the dismissal of the complaint and the provincial prosecutor/city prosecutor or the approving authority may either approved or disapproved it. I had also learned about what is clarificatory hearing. It is the clarificatory questioning maybe set by prosecutor/investigating officer only when there are facts and issues to be clarified either from a party or a witness, which shall be conducted within ten days from the submission of the counter - affidavit, other affidavits and documents filed by the respondent. And if they have questions to ask, they shall submit the questions to the investigating officer who shall ask the questions. I had also learned something about waiver of the right to preliminary investigation, absence of a preliminary investigation, rights of the respondent in a preliminary investigation, who may conduct determination of existence of probable cause, court interference in the conduct of preliminary investigation its General Rule and its Exemption, Party to conduct preliminary investigation in election cases.
ESCONDO, REBECCA C. 3C4 Thank you po sir Summary of what I've learned about the Preliminary Investigation Rule 112: ✓Nature of Rights Preliminary Investigation - there is an inquiry to determine whether or not there is sufficient reason to engender a well founded belief that a crime has been committed and the respondent is probably guilty and should be held for trial. - is not a formal trial in court and it was conducted by the Department of Justice through National Prosecution Service. - determines whether there is a sufficient evidence that a crime was committed and the respondent charge is probably guilty. - the quantum of evidence is very low - is merely inquisitorial, its purpose is to determine sufficiency of evidence for the purpose of filing an information in court - technical rules does not apply in preliminary investigation (is not a formal trial on merits) ✓Period when preliminary investigation is required to be conducted - there are some crimes which do not require the conduct of preliminary investigation, if the penalty is at least 4 years, 2 months and 1 day the it is required. Exceptions: (a.) The complaint and information is filed directly in court (b.) that the person is lawfully arrested without warrant. - If the imprisonment is less than in 4 years, 2 months and 1 day does not require preliminary investigation. ✓ Documents Accompanying the Complaint - The affidavits of complainants, affidavits of his witnesses and other supporting documents that would establish probable cause. ✓Duty of Investigating Officer - within 10 days the investigating officer will decide on which options to take: (a.) To dismiss the complaint if he finds no ground to conduct investigation (b.) To issue a subpoena in case he finds the need to continue with the investigation. ✓ Filing of motion to dismiss during Preliminary Investigation -motion to dismiss is not an accepted pleading as to general rule, except when contains countervailing evidence or defenses and evidence which rebuts the charges. ✓ Purpose of Preliminary Investigation - (a.) To determine if the crime has been committed; (b.) To protect the accused from inconvenience, expense and burden of defending himself in formal trial; (c.) To secure the innocent against hasty, malicious and oppressive prosecution; (d.) To protect the State from having to conduct useless and expensive trial and (e.) To determine the amount of bail, if the offense is bailable. ✓ Person authorized to conduct investigation - (a.) Provincial or City prosecutors and their assistant (b.) National and Regional State Prosecutors and (c.) Other officers as may be authorized by law.
MANTO, KYLA M. 3C2 Thank you sir, The summary of what I've learned during the video recorded lecture: PRELIMINARY INVESTIGATION RULE 112 1. It is an inquiry whether or not sufficient reason. *Preliminary investigation is not formal trial not conducted by the court of law but the DOJ through the National prosecution service. 2. Respondent is probably guilty thereof. *Probably- when a resolution issue filing probable case is not yet guilty (probable cause). *The preliminary investigation only whether the accused might have probably committed a crime or not. *In preliminary investigation quantum of evidence is very low. *After the conduct of preliminary investigation the trial will proceed in court. *The nature of preliminary investigation merley inquisitorial (determine sufficiency of evidence and not a trial of a case on merits or not formal trial on merits). *Court proceeding adversarial. Period when preliminary investigation is required to be conducted: -not all crimes required preliminary investigation Gen rule. - if penalty imposable at least 4 years, 2months and 1 day then preliminary investigation is required. Exceptions 1. Imprisonment less than 4 years, 2months and 1 day. 2. Lawfully arrest without benefit of warrant (inflagrante delicto arrest- if the accused caught commiting a crime). *Illegal detention- turn over already on the prosecutor on duty for inquest. *delay in delivery of the detained person under Art.125 12 hours- light penalties 18 hours- correctional penalties 36 hours- afflictive penalties Document accompanying te complaint: -all evidence that will prove the probable cause then file it in complaint during preliminary investigation. Duty of investigation officer: -investigating prosecutor within 10 days have option; 1. Dismiss- out right dismissal finds no ground. 2. Issue a subpoena- the copy of complaint, supporting affidavit and evidence. Complaint- file complaint affidavit Respondent- file counter affidavit Filling of motion to dismiss during preliminary investigation: Gen rule. - not allowed filling motion to dismiss. Exception -in complaint self admitted countervailing evidence for defense. Clarificatory hearing not mandatory: - investigating prosecutor ask to clarify. - no cross examination in preliminary investigation. Duty of the prosecutor after the termination of investigation: -within 10 days determine whether or not there is sufficient ground. -resolution, resolve the complaint. Resolution- conclusion, findings of the investigating prosecutor to the nature of facts and evaluate the facts. Information- contain the act or omission and constitution of the crime. *Under the prosecutorial system, two incharge during preliminary investigation. *investigating prosecutor issue subpoena, review the facts and resolve but the provincial or city prosecutor will have approving authority and the investigating prosecutor is for recommendation of dismissal or not. Purpose of preliminary investigation: 1. Determine of crime has been committed. 2. Preliminary investigation will protect the accused from inconvenience, expense and burden of trial. 3. To secure innocent. 4. Protect state. 5. Determine amount of bail if bailable.
Forteo, Leah M. 3C1 Good day Sir. In this video I've learned all about RULE 112 - PRELIMINARY INVESTIGATION • NATURE OF RIGHT - an inquisition to determine whether or not there is a sufficient reason to engender a well-founded belief that a crime has been committed and the respondent is probably guilty. • PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED. If the penalty imposable for the crime charged is at least 4 years 2 months and 1 day then a preliminary investigation is required. • EXCEPTIONS: -- A complain of information is filed directly in court. -- If the accused had been lawfully arrested without the benefit of a warrant of arrest "inflagrante delicto arrest" • PURPOSES OF PRELIMINARY INVESTIGATION 1. Determine if there is a crime committed. 2. Preliminary investigation will protect the accused from inconvenience, expense, and burden of a public trial 3. Protecting the innocent against hasty, malicious, and oppressive prosecution. 4. Protect the state to conduct useless and expensive trials. 5. Determine the amount of bail.
TUBOG, MARIEL ANNE O. 3C2 I have learned the Preliminary Investigation Rule 112 in this particular lesson such as the main components of it; first it is an inquiry which needs to determine whether or not there is a sufficient reason to endanger a well-founded belief that a crime has been committed and second the respondent charge is probably guilty thereof, and should be held for trial. Thus, we should always keep in mind the important note of preliminary investigation which states that it is not a formal trial in court, as a matter of fact when you say preliminary investigation this is conducted not by the court of law but by the department of justice through the National prosecution service be it office of the provincial prosecutor or the office of the City prosecutor as the case may be In addition, in the preliminary investigation, the quantum of evidence or the weight of evidence necessary for the prosecutor to find probable cause is only a very law standard of evidence. I also learned the nature in preliminary investigation wherein it states that it is a merely inquisitorial and a means of determining the persons who may be reasonably charge with a crime. Thus, when we say inquisitorial, the purpose of preliminary investigation is only to determine the sufficiency of evidence for the purpose of filing an information in court and it is not a trial of the case on merits, it means that the technical rules on evidence will not apply or do not apply in the preliminary investigation. Moreover, this lesson taught me about the period when preliminary investigation is required to be conducted. It states that there are only some offenses, crimes and felonies require preliminary investigation. Thus, if the penalty imposable for the crime charge is at least 4 years, 2 months and 1 day, then the preliminary investigation is required and can file the complaint in the prosecutor, however, if the penalty is 4 years, 2 months and below, then it doesn't require preliminary investigation anymore, but it can be filed in court directly. These are all the summary of what I have learned in this particular lesson. Thank you, sir!
Delantar,Kyla Mae M. 3C2 I've learned on this lesson about Preliminary Investigation Rule 112 that a preliminary investigation is an inquiry or proceeding to determine wether is a suffiecient ground. The nature of right has a 3 components of prelimanary investigation, it is an inquiry,or proceeding to determine whether there is a sufficient ground to engender a well founded belief a crime has been committed and the respondent is probably guilty thereof,and should be held for trial (Sec. 1,Rule 112),It is merely inquisitorial and a menas of determining the persons who may be reasonably charged with a crime, And last It is not a trial of the case on the merits (Herrera,2007). And also preliminary investigation is not a formal trial in court and also this is not conducted by the court of law but by the department of justice. And also in the preliminary investigation the quantum of evidence is very low. Also i learned that not all of the offenses, crimes, felonies requires a preliminary investigation but there are some crime which do not conduct a preliminary investigation. If the penalty of the imprisonment is imposable of the offense charge atleast 4 years, 2 months and 1 day and it need a preliminary investigation.
Oblena, Clezl Beth R. 3C2 Good Evening sir, I already watched your Video Presentation and this is what I have learned in your lesson. PRELIMINARY INVESTIGATION RULE 112 Nature of Right It is an, inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Secs 1, Rule 112) . • It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime. • It is not a trial of the case on the merits (Herrera, 2007) Period when preliminary investigation is required to be conducted General Rule: Before the filing of a complaint or information for an offense where the penalty prescribed by taw is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine (Sec. 1, Rule 112) Period when preliminary investigation Is required to be conducted Exceptions: Where an information or complaint is filed pursuant to Sec 7, Rule 112, i.e. the complaint or information is filed directly in court (Ibid.); For cases requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule 112 (Ser. 6. Rule 112). Documents Accompanying the Complaint The affidavits of the complainant The affidavits of his witnesses; and Other supporting documents that would establish probable cause Duty of the Investigating Officer From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take: To dismiss the complaint if he finds no ground to conduct the investigation; or To issue a subpoena in case he finds the need to continue with the investigation, in which c--se the subpoena shall be accompanied with the complaint and its supporting affidavits and documents (Sec 3(b), Rule 112). Filing of motion to dismiss during preliminary Investigation General Rule: a “In preliminary investigation, a motion to dismiss is not an accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complainant. Exception: When it contains countervailing evidence or defenses and evidence which rebuts or repudiates the charges; in which case it will be treated as a counter-affidavit. I have learned and understand alot, thank you for this knowledgeable lesson sir.
Solis, Jhesyl L. 3C4 I've learned in this video lecture the preliminary investigation is a process in which the public prosecutor is granted broad discretion to decide if there is probable cause to file a criminal information in court. This is a probable cause decision made by the executive branch. Preliminary Investigation may be conducted by any of the following: 1. Ombudsman Investigators 2.Special Prosecuting Officers 3. Deputized Prosecutors 4. Investigating Officials authorized by law to conduct preliminary investigations 5. Lawyers in the government service, so designated by the Ombudsman. A summons is a written notice that normally comes with the complaint and informs the defendant and the court that the complaint has been served to all interested parties and lists the date of the lawsuit's first court appearance.
TAÑO, AIRA JOY M. 3C3 Thank You Sir for the lesson. Summary of what I've learned: NATURE OF RIGHT 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. -there is an inquisition or proceeding of determination, that inquiry is to determine whether or not there is a sufficient reason to engender well-funded belief that crime has been committed and the respondent is probably guilty thereof and should be held for trial. NOTE: Preliminary investigation is not formal trial in court, as a matter of fact when you say preliminary investigation this is conducted not by the courts of law but by the DOJ through the National Prosecution Service be it Office of the Provincial prosecutor or the office of City prosecutor as the case may be. The word PROBABLY which qualities whether the respondent is guilty of the crime charge. Court used the word Probably because when a resolution is issued by the prosecutor's office finding probable cause that means the respondent is not yet guilty of the crime charge. The only question to be determined during preliminary investigation is not whether the accused is guilty of the crime charge beyond reasonable doubt, the only question to be determined during preliminary investigation is whether the accused might probably committed the crime or not. The quantum of evidence in preliminary investigation is very low. In court, the nature of the proceedings is adversarial. There are adversaries for the prosecution and of the accused. While in preliminary investigation the nature is merely inquisitorial and it is not adversarial. When we say inquisitorial, it is to determine sufficiency of evidence for the purpose of filing an information in court and it is not a trial of the case on merits. Period when preliminary investigation is required to be conducted General Rule: 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. Not all crimes and felonies require preliminaries investigation, there are some crimes which do not require the conduct of preliminary investigation. Exceptions : (1) The complaint or information is filed directly in court. (2) The person is lawfully arrested without a warrant. DOCUMENTS ACCOMPANYING THE COMPLAINT 1. The affidavits of the complaint 2. The affidavits of his witnesses ; 3. Other supporting documents that would establish probable cause. DUTY OF THE INVESTIGATING OFFICER From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following option to take : (1) to dismiss the complaint if he finds no grounds to conduct investigation. (2) to issue a subpoena in case he finds the need to continue with the investigation. FILING OF MOTION TO DISMISS DURING PRELIMINARY INVESTIGATION In preliminary investigation, a motion to dismiss is not an accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complaint except when it contains countervailing evidence or defense and evidence which rebuts or repudiates the charge. Clarificatory hearing NOT mandatory. There is no cross examination in preliminary investigation. DUTY OF THE PROSECUTOR AFTER THE TERMINATION OF INVESTIGATION Resolution is the conclusion and the findings of the investigating officer, while the Information is the recital of the facts file in court. PURPOSE OF PRELIMINARIES INVESTIGATION To determine if the crimes has been committed, to protect the accused from inconvenience, expense and burden of defending himself im a formal trial. To secure the innocent against hasty malicious and oppressive prosecution, and to protect the State from having to conduct useless and expensive trial; and to protect the amount of bail, if the offense is bailable.
DE CASTRO, WENDEL R. 3C1 Good Day, Attorney! In this Video, I learned a lot about the nature of the right preliminary investigation is an inquiry to determine if there is sufficient ground to engender a well founded belief a crime has been committed and the respondent is probably guilty and it should be held for trial. Investigation is conducted by the Department of justice through national prosecution service to determines whether there is a sufficient evidence that the crime was committed. As a general rule before filing of a compliant or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years and 2 months and 1 day without regard to the impossable fine (SEC. 1 RULE 112). Therefore those 4 years below is not required to undergo preliminary investigation. Purpose of Preliminary Investigation * To determine the crime was committed * To protect the accused from inconvenience, expense and burden of defending himself in formal trial * To secure the innocent against hasty, malicious, and oppressive prosecution * To protect the state from having to conduct useless and expensive trial and; * To determine the amount of bail,If the offense is bailable
Mea, Katherine Joy (3c2) Good day Po Sir! here the summary regarding in preliminary investigation I’ve learned those what nature of right in preliminary investigation, it explained it is inquiry tat may determine whether there is sufficient ground of evidence that the respondent may probably guilt that held for trial, additionally, it explained that this preliminary investigation is not formal trial in court and the technical rules will not apply in preliminary investigation. In the preliminary , there were required to be conducted it must be at least at least 4 years, 2 months and 1 day that can preliminary conduct but it not require when the case is less than imprisonment in 4 years , 2 months and 1 day and those warrantless arrest situation. For the accompanying the complaint it should be attached the affidavit of complaint, witness and other supporting documents that establish a probable cause it explained it is within 10 days to decide of this complaint to dismiss the complaint with no ground conduct investigation and those issue a subpoena. For the filing of motion to dismiss the preliminary investigation, a motion to dismiss is not an accepted pleading for it’s merely alleges the innocence of the respondent without rebutting or repudiating evidence of the complaint but there as an exception which contains a counter affidavit. In the purpose of this preliminary investigation it shall deemed of waiver is to express the waiver, for the failure to invoke during the arraignment, and lastly, consenting to be arraigned the plead guilty without invoking the right of preliminary investigation, whether express or implied must be in a clear and unequivocal manner-there is no doubt. For the absence of preliminary is the ground for motion to quash the complaint, the Affect the court’s jurisdiction, and last the impair the validity of those information. It also explained who may conduct on these probable cause and authorized to conduct investigation, it the provincial or city prosecutor , the national and regional state and lastly , the officer authorized the law like ombudsman. Thank You! Atty.
BICOMONG,RYAN GIMEL M. 3C4 Good day sir ,thanks for the wonderful explanation . This is what i comprehend from the video lecture Sök Preliminary investigation Once a crime has come to the attention of the police, a preliminary investigation is initiated. The object is to find out who can be suspected of the crime and whether or not there is sufficient evidence to initiate an action. The prosecutor leads the preliminary investigation from the point when a certain individual can be reasonably suspected of having committed the offence. In the case of less serious offences, the police conduct the preliminary investigations from beginning to end. As the person in charge of leading the investigation, the prosecutor is responsible for ensuring that the crime is investigated in the best way possible. The investigations are conducted by the police on the instructions of the prosecutor. The prosecutor follows the investigations on a continuous basis and constantly determines which investigation measures and decisions are necessary. If the investigation concerns a serious and complicated crime, the prosecutor will often take part directly in the investigation in connection, for instance, with reconstructions of the crime or with important interrogations. Precisely how a preliminary investigation is conducted in detail depends, of course, on the type of crime being investigated. Following a crime of violence, the police may conduct a crime scene investigation and question victims, witnesses and suspects. The leader of the preliminary investigation may decide to introduce coercive measures such as cordoning off the crime scene, searching premises or confiscating evidence.
Good day sir, I've like to share my summary in Preliminary Investigation Rule 112. Preliminary investigation consists of the following key components: (1) it is an examination or proceeding of determination that decides whether there is sufficient evidence to support a well-founded conviction that a crime has occurred. Furthermore, since a preliminary investigation is not the same as a formal prosecution, it was handled by the Department of Justice. It's a determination of whether there's enough proof to prove a crime was committed and that the person charged is PROBABLY guilty. During the preliminary investigation, the only question is whether the perpetrator is likely to have committed the crime. Furthermore, the preliminary investigation is not a structured, merits-based tribunal. It was noted there that not all offenses or crimes need preliminary investigation during the time when preliminary investigation is needed. As a general rule, before filing a lawsuit or evidence for an offense for which the statute prescribes a sentence of at least 4 years, 2 months, and 1 day in jail without regard to the imposable fine. If an information or complaint is filed pursuant to Sec 7, Rule 112, and the person is lawfully arrested without a warrant, there are some exceptions. Furthermore, the complaint must be accompanied by (1) the complainant's affidavit; (2) the affidavit of his witness; and (3) any other supporting documentation that may create probable cause. Duty of the Investigating officer That the investigating officer has 10 days to determine whether to dismiss the complaint if he sees no reason to pursue the investigation or to issue a subpoena if he believes the investigation should be pursued further. As a general rule, a motion to dismiss filed during preliminary examination is not considered an appropriate pleading. However, when a lawsuit includes countervailing facts or defenses, as well as evidence that refutes or refutes the allegations, it is regarded as a counter affidavit. The clarificatory hearing is also not needed during a preliminary investigation. Duty of prosecutor after the termination of investigation The prosecutor must decide if there is adequate basis to hold the respondent for trial within 10 days; if the investigating officer considers reason to hold the respondent for trial, the resolution and information must be prepared within 10 days. Otherwise, he would demand that the case be dismissed. (1) to decide whether a crime has been committed; (2) to protect the accused from the inconvenience, cost, and responsibility of defending himself in a formal trial; (3) to protect the innocent from hasty, malicious, and coercive prosecution and to protect him from an open and public accusation; (4) to avoid a pointless and costly trial for the state; and (5) to assess the amount of bail, whether the crime is bailable. When there is an express waiver or silence, failure to invoke it during arraignment, consenting to be arraigned, and entering a plea of not guilty without invoking the right to preliminary examination, the preliminary investigation is considered waived.
In this video lecture i learned about the preliminary investigation,preliminary investigation is not a formal trial in court ,also it is conducted not by the court of law but by the department of justice through the national Prosecution service, office of the provision prosecutor ,or the office of city prosecutor. The purpose of preliminary investigation is to determine if there is sufficient evidence that a crime committed or the respondent is probably charged. In the period when preliminary investigation is requires to be conducted, not all crimes or offenses required preliminary investigation. I am being knowledgeable about the purpose of preliminary investigation a.To determine if the crime has been committed b.To protect the accused from inconvenience, expense and burden of defending himself in a formal trial c. To secure the innocent against hasty, malicious and oppressive prosecution d.To protect the State from having to conduct useless and expensive trial and e. To determine the amount of bail, if the offense is bailable. BS CRIMINOLOGY 3C2
SUBIJANO, ARLENE V. 3C3 In this lesson, I've learned that: Under Preliminary Investigation Rule 112 is an inquiry or proceeding to determine whether it is sufficient ground. Preliminary Investigation - is merely inquisitorial and it is not a trial. - it is not conducted by the courts of law but by the Department of Justice through the national prosecution service. Probably qualifies whether the respondent is guilty of the crime charge. It is use when a resolution is issued by the prosecutors office finding probable cause. Guilty is qualified by the word probably, meaning it is only a probable cause. During preliminary investigation Quantum of Evidence or the Weight of Evidence - it is only a very low standard of evidence. Adversarial are the adversaries for the prosecution and for the accused. Nature of Preliminary Investigation is merely inquisitorial and it is not adversarial. Inquisitorial is to determine sufficiency of evidence for the purpose of filling an information in court. Exceptions for preliminary investigation * First is if the offense is punishable by imprisonment of at least 4 years, 2 months and 1 day the preliminary investigation is required. * Second is the inflagrante delicto or inflagrante delicto arrest if it is when the accused has been caught committing a crime. When a person is lawfully arrested without warrant an inquest was made in accordance with rule 112. Hours that an accused must be transferred under Article 125 of the Revised Penal Code * 12 hours for the crimes or offenses punishable by light penalties * 18 hours for the crimes or offenses punishable by correctional penalties * 36 hours for the crimes or offenses punishable by afflictive or capital penalties Duty of Investigating Officer or the Investigating Prosecutor * to dismiss or outright dismissal * to issue subpoena Can be filed a motion to dismiss? As general rule a motion to dismiss is not an accepted pleading for it merely alleged the innocence of the respondent without rebutting the evidence of the complaint. Duty of the prosecutor after the termination of investigation - within 10 days RESOLUTION -it is a conclusion, findings of the investigating prosecutor. - it is a narration of facts INFORMATION - contain the act or omission complained of constituting the crime Preliminary Investigation is an statutory right and not a constitutional right. Provincial or city prosecutor and assistant, national and regional state prosecutor and other officers may be authorized by law who may conduct determination of existence of probable cause. Ombudsman - primary authority to investigate and exclusive authority to file and prosecute Sandiganbayan cases. - an authorized to take over at any stage Commission on Election - deputized other prosecuting arms of the government. Thank you po sir
Good day sir in this video this the summary of what I've learned Preliminary investigation -Nature of right is an inquiry or proceeding to determine whether is sufficient ground to engage a well founded belief a crime has been committed the respondent is probably guilty. It is also an inquisitorial and it is not a trial .Period when preliminary investigation is required to be conducted. General Rule when filling a complaint or info for an offense where the penalty prescribed by term is imprisonment of at least 4 years, 2months and 1 day .As well the exemptions which is the complaint or information is filed directly in court, and second is when lawfully arrested without a warrant.The in flagrante delicto (Caught in the act) also the issuance of warrant of arrest is only for judge and last inquest which is the person arrest without warrant.
SEMPIO JOSE MARI C 3C3 DONE WATCHING I've learned The different qualifications of a witness First a witness can perceive and perceiving, next may be a witness can disclose their perception to others,and lastly a witness he must not possess the disqualifications imposed by law or the foundations. And also I've learned the potential of a witness And he or she must show the subsequent abilities: to watch,to remember,to relate,to recognize a requirement to inform the reality. Furthermore the witness cannot testify on matters which occurred within the presence and within the hearing of the descendent to which he might testify on his personal knowledge if he were alive Facts favorable to the deceased or insane person or their representatives don't seem to be prohibited.
ROQUE, ALEXANDRA 3C2 In this lesson, I learned Preliminary Investigation under Rule 112 The Nature of the Right to Preliminary Investigation It is an inquiry, there is an inquisition or proceeding of determination now that inquiry is to determine whether or not now there is a sufficient reason to engender a well-founded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held in for trial. preliminary investigation is not a formal trial in court as a matter of fact when you say preliminary investigation, this is conducted not by the courts of law by the Department of Justice through the National Prosecution Service be it Office of the Provincial Prosecutor or the Office of the City Prosecutor as the case may be. A preliminary investigation is determination whether there is a sufficient evidence that a crime was committed and that the respondent charge is probably guilty thereof. The word probably which qualifies whether the respondent is guilty of the crime charge. When a resolution is issued by the Prosecutor's Office finding probable cause that means that the respondent is not yet guilty of the crime charge. Which is why the word guilty under rule 112 section 1, there is probable cause the respondent could have committed. It does not mean that the respondent is actually guilty beyond reasonable doubt of the crime charge. During preliminary investigation the quantum of evidence or the weight of evidence necessary for the prosecutor to find probable cause now is only a very low standard of evidence. The only question to be determined during preliminary investigation is not whether the accused is guilty of the crime charge beyond reasonable doubt. The only question in a preliminary investigation is whether the accused might have probably committed the crime or not. Which is why after the conduct of preliminary investigation and information is filed in court and that the trial will proceed in court. Preliminary investigation is a prelude for a formal trial in a court of law. The nature of a preliminary investigation is it is merely inquisitorial and a means of determining the who may be reasonably persons charge with a crime. So it is an inquisitoria as opposed no as opposed to antagonistic. Because when you reach the courts, there are two opposing parties, the prosecution and the defense. The prosecution represent the People of the Philippines. and then the accused might be represented by the public attorney or if he has a private counsel by a defense counsel or counsel for the accused. In court, the nature of the proceedings is adversarial. For the prosecution and for the accused. There are two parties in a preliminary investigation. The nature is merely inquisitorial, it is not adversarial. In inquisitorial the purpose of preliminary investigation is to determine sufficiency of evidence for the purpose of filing an information in court. It is not a trial of the case on merits. Technically the rules on evidence will not apply or do not apply in a preliminary investigation. PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED Not all offenses, crimes and felonies require preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation. When the penalty prescribed by law is imprisonment of at least 4 years 2 months and 1 day without regard to the imposable fine. If the penalty of imprisonment imposable for the offense charge is at least 4 years, 2 months and 1 day without regard to the impossible fine then a preliminary investigation is required. Exception to the general rule. Where an information or complaint is filed pursuant to Section 7 Rule 112. If the complaint or information is filed directly in court. - You will no longer have to file a complaint affidavit before the Prosecutor's Office. You can file your complaint directly in court For cases requiring preliminary investigation that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Section 6 of Rule 112. This includes the warrantless arrest. It doesn’t need preliminary investigation instead you will conduct inquests proceeding. The affidavits of the complainant, affidavit of the witnesses and another supporting documents that would establish probable investigating officer are the documents accompanying the complaint. To dismiss the complaint if he finds no ground to conduct the investigation and to issue subpoena in case that he find the need to continue with the investigation are the duties of an investigating officer. Filing A Motion To Dismiss During The Preliminary Investigation The general rule is that in preliminary investigation, a motion to dismiss is not an accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complainant. The exception to the rules is that when it contains countervailing evidence or defenses and evidence which rebuts or repudiates the charges; in which case it would be treated as a counter affidavit. Clarificatory hearing is not mandatory. A hearing may be set by the investigating officer only when there are facts and issues to be clarified either from a party or a witness which shall be conducted within 10 days from the submission of the counter-affidavit and other affidavits and documents filed by the respondent. The parties do not have the right to examine or cross-examine each other or the witnesses. The nature of preliminary investigation is inquisitorial it is not adversarial examination. If they have questions to ask they shall submit the questions to the investigating officer who shall ask the questions. The duty of the prosecutor after the termination of the investigation is that within 10 days from the termination of the investigation the investigating prosecutor shall determine whether or not there is a sufficient ground to hold the respondent for trial. The prosecutor will determine whether or not there is a sufficient ground to hold the respondent for trial. Afterwards if the investigating officer finds cause to hold the respondent for trial then shall he shall prepare the resolution and information. Resolution is the conclusion or findings of investigating prosecutor. There is narration of facts such as allegations of complainant and or the defenses of the respondents. The investigating prosecutor will calibrate the evidence, soundness of the arguments, and the logic of consistency factual and legal. Merely recommendatory of the provincial prosecutor as the case may be. While information is a demand that will contain the act or omissions complained of constituting the crime. The purpose of preliminary investigation are: for the investigating prosecutor to determine if the crime has been committed, to protect the accused from inconvenience expense and the burden of defending himself in a formal trial unless probability of his guilt is first asserted by a competent officer, to secure the innocent against hasty malicious and oppressive prosecution and to protect him from an open and public accusation of a crime and the anxiety of a public trial, to protect the state from having to conduct useless and expensive trial and to determine the amount of bail if the offense is bailable.
MITRA, ANDREA MAE E. 3C4 Good Day Atty. Thankyou for this video lecture. In this video lecture I've learned about: * A preliminary investigation will be required in warrant less arrests cases. A person who is lawfully arrested without a warrant involving an offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules. * Nature of Crime is a process of determining whether there is sufficient evidence to support a well-founded conviction that a crime has been committed and that the respondent is likely guilty and should be held trial. * 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. * The duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay. * The purpose of determining whether there is probable cause to believe that a crime has been committed, and that the respondent is probably guilty, and should be held for trial. * WAIVER OF RIGHT-WHEN IS THERE NO WAIVER The right of an accused to a Preliminary Investigation is a PERSONAL RIGHT and can be waived expressly or by implications. * The absence of a Preliminary Investigation doesn't affect the jurisdiction of the court but merely the regularity of the proceedings. * The respondent shall have the right to examine the evidence submitted by the complainant. * Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense. * Preliminary investigation may be conduct by: 1) Ombudsman Investigators; 2) Special Prosecuting Officers; 3) Deputized Prosecutors; 4) Investigating Officials authorized by law to conduct preliminary investigations or 5) Lawyers in the government service, so designated by the Ombudsman. * Once preliminary investigation has been conducted, the prosecutor will determine if there is indeed a probable cause, which refers to the existence of circumstances and facts as would excite the belief.
ENDONILLA, AVEGEL U. 3C2 - BS CRIM Good Day Atty. Thank you for this video lecture. The summary of this lesson include: PRELIMINARY INVESTIGATION Nature of Right It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty, therefore, should be held for trial. It is merely inquisitorial. And it is not a trial of the case on the merits. Period when a preliminary investigation is required to be conducted General rule: before filing a complaint or information for an offense, it has a penalty of at least 4 years, 2 months, and 1 day of imprisonment prescribed by the law without regard to the impossible fine. Exception: the complaint or information is filed directly in court pursuant to Sec.7, Rule 112. And for cases requiring a preliminary investigation, that a person is lawfully arrested without a warrant. In accordance with Rule 112. Documents Accompanying the Complaint It includes the affidavits of the complainant; the affidavits of his witness; and other supporting documents that would establish probable cause. Duty of the Investigating Officer From the filing of the complaint, the investigator has 10 days within which to decide on the following options such as to dismiss the complaint if he finds no ground to conduct the investigation and issue a subpoena in case he finds the need to continue with the investigation. Filing of motion to dismiss during a preliminary investigation General rule: In a preliminary investigation, a motion to dismiss is not an accepted pleading because it merely asserts the respondent's innocence without rebutting or repudiating the evidence of the complaint. Exception: when it contains countervailing evidence or defenses and evidence which rebuts or repudiates the charges, where the case will be treated as a counter-affidavit. Clarificatory Hearing NOT mandatory When there are facts and issues to be clarified either from a party or a witness, a hearing may be set by the investigating officer, which can be conducted within ten(10) days from the submission of the counter-affidavit. Note: parties do not have the right to examine or cross-examine each other or the witnesses. And they shall submit the questions to the investigating officer if they have questions to ask. Duty of the prosecutor after the termination of an investigation The investigating prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial within 10 days from the termination of the investigation. After that, if the officer finds cause to hold, he shall prepare the resolution and information. Otherwise, he shall recommend the dismissal of the complaint. Purposes of Preliminary Investigation The investigating prosecutor has to determine if the crime has been committed; to protect the accused from inconvenience, expense, and burden of defending himself in a formal trial unless the probability of his guilt is first ascertained by a competent officer; to secure the innocent against hasty, malicious, and oppressive prosecution and from open and public accusation; to protect the State from having to conduct useless and expensive trial; and to determine the amount of bail, if the offense is available. Waiver of the right to preliminary investigation It shall be deemed waived by express waiver of by silence; failure to invoke it during arraignment; and consenting to be assigned and entering a plea of not guilty without invoking the right to a preliminary investigation. Absence of a preliminary investigation The absence of a preliminary investigation does not become a ground for a motion to quash the complaint or information; does not affect the court’s jurisdiction; does not impair the validity of the information, and does not justify the release of the respondent to nullify the warrant of arrest against him. Rights of the respondent in a preliminary investigation Must submit a counter-affidavit; examine the evidence submitted by the complaint at his own expense; and be present during the clarificatory hearing. Who may conduct a preliminary investigation Provincial or city prosecutors and their assistant; national and Regional State Prosecutors; and other officers as may be authorized by law are .the persons authorized to conduct an investigation Probable cause in a preliminary investigation It is the existence of such facts and circumstances that would excite belief in a reasonable mind, acting on the acts within the knowledge of the prosecutor, that the person charged was prosecuted. It is not a pronouncement of guilt.
Noted: Preliminary investigation It is an inquiry bir proceeding to determine whether there is sufficient ground to engender a well founded belief a crimw has been commited and the respondents is probably guilty thereof and should be held for trial. It is merely inquisitorial and a means of determining the persona who may be reasonably charged with a crime. It is not a trial or the case onthe merits Before the filling of the complaint or information for an offense where tge penalty prescribed by law is imprisonment of at least 4 years 2 months and 1 day without regard to the imposable fine. Exception: Where an information or complaint is filled pursuant to sec 7 rule 112 i.e. the complaint or information is filled directly in court. For case requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with rule 112. From the filling of the complaint, the investigating officer has 10 days within which to decide an which of the following option yo take. To dismiss the complaint of he finds no ground to conduct the investigation; or To issue a subpoena in case he finds the needs to continue with the investigationbin in which the subpoena shall be accompanied with the complaint and its supporting affidavits and document. General Rule: In preliminary Investigation, q motion to dismiss is not an accepted pleading for it merely alleges tge innocence of the respondents without rebutting or repudiating the evidence of the complaint. Exception: When it contains countervailing evidence or defense and evidence which rebuts or repudiates the charges in the which case it will be treated as a counter affidavit. A hearing may be set by the investigating Officer only when there arw facts and issues to be clarified either from a party or a witness which ahall be conducted within 10 days from the submission of the counter affidavit other affidavits and documents filed by tge respondents. The parties do not have the right to examine or cross examine each other of the witness. If they question to ask they shall submit the question to the investigating Officer who shall ask the questions. Without 10 days from the termination of the investigation the investigating prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial. Afterwards if tge investigating Officer finds cause to hold the respondents for trial he shall prepare the resolution and information. Otherwise he shall recommend the dismissal of the complaint. Purposes of Preliminary Investigation -For the investigating prosecutor to determine if the crime has been commited. -To protect the accused from inconvenience, expenses and burden of defending himself in a formal trial unless probability of gus guilt is first ascertained by a competent Officer. -To secure tge innocent against hasty, malicious, and oppressive prosecution and to protect him form a open and public accusation of a crime and anxiety a public trial. -To protect the state from having to conduct useless and expensive trial - To determine the amount of bail if the offense is bailable. Waiver of the right to preliminary investigation It shall declared waived by; - express waiver or by silence - failure to invoke it during arraignment - consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation. The waiver whether express or implied, must be a clear and unequivocal manner. Absence of preliminary Investigation does not -Become a ground for a motion to quash the complaint or information as it is does not impair the validity of tge information or affects the jurisdiction of the trial court. - Affects the Court's jurisdiction but merely the regularity of the proceedings - Impair tge validity of the information or render it defective - Justify the release of tge respondents or nullify tge warrant of arrest against him. Right of tge respondents in a Preliminary Investigation - submit a counter affidavit - examine the evidence submitted by the complainat at his own expense. - be present during tge clarificatory hearing. Probable cause in preliminary investigation It is the existence of such facts and circumstances as would excite belief in a reasonable mind acting on the acts within the knowledge of the prosecutor that the person charged was prosecuted it is not a pronouncemnt of guilt. Persons authorized to conduct investigation - Provincial or city prosecutor and their assistant - National and Regional State prosecutor - Other officer as may be authorized by law General Rule: The court connot interfere in tge conduct of preliminary investigation leaving the investigatory Officer sufficient discretion to determine probable cause. Exception: When the acts of the officer are without or in excess of authority resulting from a grove abuse of the discretion. Party to conduct preliminary investigation in election cases. The commission on election is vested the power to conduct preliminary investigation. It may deputized vother prosecuting arms of the government bto conduct preliminary investigation and prosecute offenses.
CABALFIN, JOHN EDWIN C. 3C3 In this lesson, I've learned that preliminary investigation was a determination if the crime was well founded belief and respondent was has the probability of guilty. Also it is stated that the preliminary investigation was not a trial and not use the formal rules in determining evidence. Another that I learned that not all crime was not required a preliminary investigation. Also the exception of the general rule, like direct filing and the arrest of in flagrante delicto. When the person was arrested in warrantless arrest there is no preliminary investigation, perhaps it has a inquest. In the topic of documents accompanying the complaint its discuess here the included details that must haved. The investigating officer has duty to dismiss the complaint and to issue a subpoena in case. Another that I've learned that in the preliminary investigation may conduct a clarificatory hearing but do not have right to cross examine both parties. Another that I learned was what are the purposes of the preliminary investigation. Preliminary investigation also is can be waived according to the discussion. It also discussed the person authorized to conduct investigation.
ANDA, MARIFER H. 3C3 Done watching po sir It is an investigation or action to establish if there is sufficient evidence to support a well-founded belief that a crime has been committed and the responder is likely guilty of it and should be detained for trial. • It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime. • It is not a trial of the case on the merits (Herrera, 2007) Period when preliminary investigation is required to be conducted General Rule: Before the filing of a complaint or information for an offense where the penalty prescribed by taw is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine (Sec. 1, Rule 112) Period when preliminary investigation Is required to be conducted Exceptions: Where an information or complaint is filed pursuant to Sec 7, Rule 112, i.e. the complaint or information is filed directly in court (Ibid.); For cases requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule 112 (Ser. 6. Rule 112). Documents Accompanying the Complaint The affidavits of the complainant The affidavits of his witnesses; and Other supporting documents that would establish probable cause Duty of the Investigating Officer From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take: To dismiss the complaint if he finds no ground to conduct the investigation; or To issue a subpoena in case he finds the need to continue with the investigation, in which c--se the subpoena shall be accompanied with the complaint and its supporting affidavits and documents (Sec 3(b), Rule 112). Filing of motion to dismiss during preliminary Investigation General Rule: a “In preliminary investigation, a motion to dismiss is not an accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complainant. Exception: When it contains countervailing evidence or defenses and evidence which rebuts or repudiates the charges; in which case it will be treated as a counter-affidavit.
VILLASORDA, ISRAEL JIRE R. 3C4 Thank you po atty. Here are the highlights and summarize topic that was discussed: Nature of Right to Preliminary investigation -There is an inquiry underway to determine whether there is sufficient evidence to support a well-founded belief that a crime has been committed and that the respondent is most probably guilty of it and should be held for trial. It is not a formal court proceeding. This is conducted by the Department of Justice through National Prosecution Service rather than a court of law. It determines whether there is sufficient evidence that a crime was committed and the respondent charged is most likely guilty of it. Period when preliminary investigation is required to be conducted -Not every crime or offense necessitates a preliminary investigation. Some crimes do not necessitate the conduct of a preliminary investigation. In general, if the penalty imposed is at least four years, two months, and one day, a preliminary investigation is required. A complaint or information is filed directly in Court as an exception and Can no longer file an affidavit with the prosecutor's office and if the accused was lawfully detained without the benefit of a warrant of arrest Documents accompanying the complaint -The affidavits of the complainant. The affidavit of the witnesses. Another supporting documents that would establish probable investigating officer. Duty of the Investigating Officer -The investigating officer has 10 days to decide whether to dismiss the case outright. If the investigating prosecutor determines that there is no reason to conduct a preliminary investigation, he will dismiss your complaint outright or issue a subpoena if he believes that the investigation must be continued. Filing of motion to dismiss during preliminary investigation. -A motion to dismiss is not, in general, an accepted pleading. Exceptions include countervailing evidence or defenses, as well as evidence that rebuts or repudiates the charges, in which case it will be considered as a counter affidavit. - To determine if the crime has been committed. - To protect the accused from inconvenience, expense and burden of defending himself in a formal trial. - To secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation - To protect the state from having to conduct useless and expensive trial - To determine the amount of bail, if the offenses is bailable Waiver of the right to preliminary investigation -Express waiver of by silence. Failure to invoke during arraignment. Consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation. The waiver whether expressed or implied must be in a clear and unequivocal manner. Unequivocal means that there is no doubt or it is not susceptible of different interpretations and preliminary investigation is only a statutory right and not unconstitutional right. Absence of preliminary investigation - It does not become a ground for motion to quash the complaint or information as it does not impair the validity of the information or affect the jurisdiction of the trial court. It does not affect the court's jurisdiction but merely the regularity of the proceedings. It does not impair the validity of the information. It does not justify the release of the respondent or nullify the warrant against him. Rights of the respondent in a preliminary investigation - The respondent can submit a counter affidavit. Examine the evidence submitted by the complainant at his own expenses. Be present during the clarificatory hearing Probable cause in a preliminary investigation - the existence of such facts and circumstances as would excite belief in a reasonable mind acting on the acts within the knowledge of the prosecutor, that the person charge was prosecuted. It is not a pronouncement of the guilt. Person authorized to conduct investigation - The provincial or City Prosecutor and their assistant, the National and Regional State Prosecutors and the Officers as may be authorized by law
RIVERA, MARY ROSE H. 3C4 Good day sir! This is the summary of what I have learned in lesson Preliminary investigation Rule 112 Preliminary investigation -it is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief a crime has been committed and the respondents is probably guilty thereof, and should be held for trial. Take note, preliminary investigation is not a formal trial in court. Preliminary investigation is not conducted by the court of law but by department of justice through the national prosecution service, the office of the prosecutor or the city prosecutor as the case may be. It is also a determination whether there is a sufficient evidence that a crime was committed and respondents charge is probably guilty thereof. "Probably" qualifies whether the respondent is guilty of the crime charged, meaning it is only probable cause no respondents could have probably committed, the respondent is not guilty beyond reasonable doubt, during preliminary investigation the quantum of evidence is used to determine the probable cause. The only question during preliminary investigation is whether the accused might have probably committed the crime or not. Preliminary investigation is a prelude for a formal trial in a court of law. The nature of preliminary investigation: it is inquisitorial as oppose to antagonistic, because in court there are opposing party the prosecution and the defense. The prosecution which presented by a public prosecutor andpublic attorney for the accused. On the other hand in court the nature of the proceeding is adversarial, there are adversaries for the prosecutor and the accused party. In preliminary investigation the nature is merely inquisitorial not adversarial because the purpose of preliminary investigation is to determine sufficiency of evidence for the purpose of filing an information in court and not a trial of the case on merits meaning that the technical rules on Evidence will not apply. A preliminary investigation is not a formal trial on merits. Period when preliminary investigation is required to be conducted. Take note: not all offenses, not all crimes, not all felonies require preliminary investigation. As a general rule, before the filling of a complaint or information for an offense when penalty prescribed by law is imprisonment of atleast 4 years, 2 months and 1 day without regard with the imposable fine. If the crime charged is punishable with the mentioned penalty then preliminary investigation is required. Exceptions are: 1) where complaint or information is filed pursuant to section 7 of Rule 112 and 2) for cases requiring preliminary investigation, that a person is lawfully arrest without a warrant provided that a inquest was made in accordance with Rule 112 Section 6. In exception 1 no need to file a complaint affidavit in prosecutor's office you can file a complaint directly in court. Those offenses are those stated in general rule which is those offenses which is punishable by imprisonment of atleast four years, 2 months and 1 day of imprisonment it required preliminary investigation. While offenses which is punishable with less than the threshold period of imprisonment doesn't require preliminary investigation. Second exception if the accused is lawfully arrest without the benefits of warrant of arrest, which is the inflagrante delicto arrest or if the accused has been caught commiting crime. Documents accompanying complaint, shall attach the affidavit of complaint, affidavit of his witness and other supporting documents that should established probable cause. Duties of investigating prosecutor, within the duration of 10 days the prosecutor shall decide if he 1) dismissed the complaint if he finds no ground to conduct the investigation, 2) if the investigator found the need to continue with the investigation he issue a subpoena and allow the respondent to file his or her counter affidavit. Meanwhile, filling of motion to dismiss during preliminary investigation, as a general rule, a motion to dismiss is not accepted pleading, exception when it contains countervailing evidence or defense and evidence which rebuts or repudiated the charge, in which case it will be treated as counter affidavit. During preliminary investigation, clarificatory hearing is not mandatory. Duty of the prosecutor after the termination of investigation Within 10 days the prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial, afterwards, if the investigating officers find cause to hold the respondent for trial, he shall prepare the resolution and information. Otherwise, he shall recommend the dismissal of the complaint. Purposes of preliminary investigation, to determine if the crime has been committed, to protect the accused from inconvenience, expense and burden of defending himself in a formal trial, to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open or public accusations, to protect the State from having to conduct useless and expensive trial, and if the offense is bailable, to determine the amount of bail. Waiver of the right to preliminary investigation, is deemed waived by the express waiver or silence, the failure to invoke it during arraignment and consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation.
REYES, ARJAY B. 3C4 Good morning sir, I learned in Criminal Procedure is the process of the criminal law. Nature of Right. what I have learned here is that it is merely inquisitorial and it is inherent rights as associated with ecosystems and species, similar to the concept of fundamental human rights. In addition the Preliminary Investigation is not a formal trial. What is the nature of Preliminary Investigation. - It is often the only means of discovering the persons who may be reasonably charged with a crime, to enable the prosecutor to prepare his complaint or information. It is a function that belongs to the prosecutor. Period when Preliminary Investigation is required to be conducted. -General Rule: 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. In addition the preliminary investigation shall be conducted in the following manner. The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainant and his witnesses. -I also learned here that no one is arrested without a warrant, unless it is Inflagrante Delicto or Caught in the act. And when there is no warrant and when arrested it is called Inquest or expedited process and it is not called Preliminary Investigation. If what happened was that you caught a person who committed an offense under the law and you did not immediately bring him to the prosecutor in charge and you delayed, you can be charged with delay in the delivery of the detained person to the proper judicial authority or illegal detention. Document Accompanying Complaint. -What I learned in this topic is that here you put all the evidence you can get so that your evidence against him will be strong. And must also specify what remedy the plaintiff wants. After receiving the complaint, the defendant must respond with an answer. Duty of the Investigating Officer. -I learned here that you need to file a motion to dismiss during Preliminary Investigation. In addition a duty of investigating officer collects evidence, search, interview, interrogate and apply various investigation methods. Clarification Hearing NOT Mandatory. - I learned here that each party has no right to examine or cross investigation each other or the witnesses. In addtion to the Preliminary Investigation there is no cross -examination. Purposes of Preliminary Investigation. -I learned here that the administrative inquiry conducted by a public prosecutor, for the purpose of determining whether there is probable cause to believe that a crime has been committed. Waiver of the Right to Preliminary Investigation. - I learned here when there is no waiver the right of an accused to a Preliminary Investigation is a PERSONAL RIGHT and can be waived expressly or by implications.
CALONGCALONG, CRISTIANTIE MARIE L. 3C3 Good day po! I have learned in this topic is about the significance of preliminary investigation. A preliminary investigation is an investigation conducted by an officer upon the arrest of an offender. It is not a legal proceeding that takes place in a court of law. And the respondents were not punished because, in our adversarial legal system, a person is presumed innocent unless proven guilty. For the responder to be found guilty of any charges leveled against him, there must be reasonable grounds to believe he is guilty. Another thing I've learnt is that early investigation requires a small amount of proof. And the offender's trial will only begin after the preliminary inquiry is completed. A preliminary investigation is usually required for a crime that has been committed for at least 4 years, 2 months, and 1 day. The only exceptions are if the offence carries a sentence of four years, two months, and one day of imprisonment and if the person is arrested without a warrant of arrest (inflagrante delicto). Additionally, not all crime are need for preliminary investigation, there such crime that don`t need this process in due process of our criminal justice system. Therefore, The aim of preliminary investigation, I've learnt, is to determine the crime that has been committed (if there is any) -to shield the accused from the inconvenient, costly, and burdensome nature of a trial (if they where not the ones liable for the commission of a crime) -to establish or secure a person's identity -to safeguard the state (against misdemeanor and similar acts). The Investigating Officer's Responsibilities The Prosecutor has 10 days from the time the complaint is filed to decide which of the following alternatives to pursue. If he sees no reason to conduct a preliminary investigation, he can dismiss the case outright. If he believes it is necessary to continue an inquiry, he can issue a subpoena along with the necessary documents. These are the complaints and various forms of assistance. However, There is a basic rule in filing a move to dismiss during the preliminary investigation: A move to dismiss is not an appropriate pleading since it simply states the respondent's innocence without rebutting the complainant's evidence. THANKYOU PO ATTY. :)
MIRANDA, RHEA MAE A. 3C4 Good Day sir! In this lesson, I acquired knowledge about the following: Nature of Right - It is an, inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Secs 1, Rule 112). - It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime. Period when preliminary investigation is required to be conducted General Rule: Before the filing of a complaint or information for an offense where the penalty prescribed by taw is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine (Sec. 1, Rule 112). Exceptions: 1. Where an information or complaint is filed pursuant to Sec 7, Rule 112, i.e. the complaint or information is filed directly in court (Ibid.); 2. For cases requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule 112 Duty of the Investigating Officer From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take: 1. To dismiss the complaint if he finds no ground to conduct the investigation; or 2. To issue a subpoena in case he finds the need to continue with the investigation, in which c-se the subpoena shall be accompanied with the complaint and its supporting affidavits and documents Purposes of Preliminary Investigation 1. For the investigating prosecutor to determine if the crime has been committed; 2. To protect the accused from inconvenience, expense and burden of defending himself in a formal trial unless probability of his guilt is first ascertained 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 and anxiety of a public trial; 4. To protect the State from having to conduct useless and expensive trial; and 5. To determine the amount of bail, if the offense is bailable (Herrera, 2007). Waiver of the right to preliminary investigation It shall be deemed waived by: 1. Express waiver or by silence (Herrera, 2007); 2. Failure to invoke it during arraignment (People v. De Asis, G.R. No. 105581, December 7,1993); and 3. Consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation (People v, Bulosan, GR. No, 58404, April 15,1988). NOTE: The waiver, whether express or implied, must be in a clear and unequivocal manner (Herrera, 2007). Probable cause in preliminary investigation It is the existence of such facts and circumstances as would excite belief in a reasonable mind, acting on the acts within the knowledge of the prosecutor, that the person charged was prosecuted. It is not a pronouncement of guilt. Persons authorized to conduct investigation 1. Provincial or city prosecutors and their assistant 2. National and Regional State Prosecutors; and 3. Other officers as may be authorized by law (e.g. Ombudsman authorized officer deputized by COMELEC for election offenses)
TULAWE, RICO O. BSCRIM-3C1 LSPU-SPCC PRELIMINARY INVESTIGATION RULE 112 Good Day Atty. Based on this video lecture I knew all about the Preliminary Investigation, it's purpose, and difference amongst the inquest proceeding and trial. First of all I learned that Preliminary Investigation under section 1 rule 112 is conducted to determine sufficient ground to engender a will-founded belief that the respondent is probably guilty of the crime. And also conducted as general rule for those offenses is at least Four(4) year, two(2) months and one(1) day , and those less than this will no need to conduct preliminary Investigation under section 1 rule 112. It is merely Inquisitorial rather than Adversarial because it only focuses to the accused and there is no cross examination here. Likewise Preliminary Investigation is accompanied with complaints and information. The purpose of preliminary Investigation is to determine if the crime has been committed with a probable cause, to protect the accused from inconvenience expense and burdens, to secure the innocent against hastly, malicious and oppressive prosecution, to protect the state from having to conduct a useless and expensive trial, and lastly to determine the amount of bail. But even this preliminary Investigation is absence it will not affect the motion to quash, affects the court's Jurisdiction, impair the validity of the information, and release of the respondents or nullify the warrant of arrest. This lecture also state the authority who may be able to conduct preliminary Investigation amd those are the provincial or city prosecutor, national and regional state prosecutor and other officers who may be prescribe by law, but during election the COMELEC will be the one who are responsible in conducting preliminary Investigation but they can deputize any officer in authority. Likewise, The Ombudsman has the primary authority to investigate and exclusive authority to file and prosecute Sandiganbayan cases. Lastly I also learned that when arresting without warrant of arrest which falls under inflagranti delicto the inquest proceeding will be the proceedings instead of preliminary Investigation. And the court cannot interfere in the conduct of preliminary Investigation as a general rule but the exemption is when the act of the officer is bias and will result to grave abuse of discretion the court will interfere. THANK YOU PO…
MONSERRAT, MARIA CECILIA C. 3C1 Thank you Sir. This is the Summary that I've learned about Preliminary Investigation Rule 112 PRELIMINARY INVESTIGATION - is an inquiry proceeding that determine whether there is sufficient ground that to endanger a well founded belief that a crime has been committed and the respondent is probably guilty. - And it is not a formal proceeding that conducted by the court, instead the Department Of Justice conducted through the National Prosecution Service. - The nature of preliminary investigation is merely inquisitorial and it is not a trial of the case on merits. - And during preliminary Investigation the quantum of evidence is very low and the weight of evidence necessary for prosecutor to filed is very low standard of evidence. Note: That the word “ probably” is only used for not guilty person.; PERIOD WHEN THE PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED - Preliminary Investigation is required to be conducted according to the GENERAL RULE is when the prescribed imprisonment is at least 4years 2months and 1 day, But their have EXEMPTION if the complaint or information is filed directly in court and the person is lawful arrested without a warrant that provided inquest. Note: That not all offences or crimes are required preliminary investigation . *Illegal Detention is a turn over of the person to the prosecutor in to inquest. And in illegal detention according to Revised Penal Court the turn over of person are; * 12 hours - for light penalties * 18 hours- for correctional penalties * 36 hours - for afflictive or capital penalties “Hot Pursuit it is the crime that has been committed DOCUMENTS ACCOMPANYING THE COMPLAINT - Affidavits of the complaint, his witness and the other supporting documents that would establish probable cause. DUTY OF INVESTIGATING OFFICER - The investigating officer has 10 days for filling a complaint but their have an option: · To dismiss the complaint · To issue a subpoena Note: Complainant- filed is complaint affidavit and Counter Affidavit is for respondent When filing of motion to dismiss during investigation - Motion to dismiss is not accepted pleading for merely alleged innocence of respondent without rebutting of evidence of complaint, but their have exception when the countervailing evidences which case will be treated as a counter affidavit. *HEARING is a set by the investigator officer when the fact and issues is to be clarified either from party or a witness was conducted within 10 days from the submission of counter affidavit that filed by the respondent. But Parties do not have right to examine cross examinee to each witness but the only way to ask question is to submit the questions to the Investigating officer to ask a question. DUTY OF THE PROSECUTOR AFTER TERMINATION OF INVESTIGATION - That within 10 days of the termination the investigating prosecutor shall be determine whether or not the sufficient ground to hold the respondent for trial and the he shall prepare the resolution and information so he can recommend the dismissal of the complaint. Note: That their have 2 person in charge during Preliminary Investigation · INVESTIGATING PROSECUTOR the one who issued subpoena, and study to resolve the case. · APPROVING AUTHORITY like provincial and city prosecutor under prosecutorial system. PURPOSE OF PRELIMINARY INVESTIGATION a. Determine crime has been committed b. Protect accused from inconvenience c. To secure the innocent against hasty malicious d. Protect the state from having to conduct useless and expensive trial e. Determine the amount of bail if it is bail able. RIGHT OF THE RESPONDENT IN PRELIMINARY INVESTIGATION · Submit a counter Affidavits · Examine the evidence submitted by the complaint · Be present during clarificatory hearing *And according to the general rule the courts cannot interface in conduct of preliminary investigations but their have exception that acts of the officer is to excess the authority resulting to abuse discretion. OMBUDSMAN- has a primary authority to investigate and exclusive authority to file and prosecute Sandigan Bayan
Greetings Atty.! Here are my taken-down notes for this lecture. Rule 112 Preliminary Investigation A preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED Note: Not all offenses, crimes, or felonies require the conduct of a preliminary investigation. As stated on its general rule, if the penalty imposable for the crime charged is at least 4 years, 2 months, and 1 day, then a preliminary investigation is required. Furthermore, the complaint must be accompanied by the following documents: 1. The affidavits of the complainant 2. The affidavits of his witness; and 3. Other supporting documents that would establish the probable cause (e.g evidence) DUTIES OF AN INVESTIGATION OFFICER/PROSECUTOR The investigating officer has 10 days to decide whether: 1. To dismiss the complaints if he finds NO GROUND to conduct the investigation; or 2. To issue a SUBPOENA in case he finds the need to continue with the investigation. Thanks for sharing your knowledge with us, Atty.! SABONG, ROVILYN M. BS. CRIMINOLOGY 3C4
JAVIER, KAYCE R. 3C1 Thank you Sir for the lesson today. Here is my summary notes regarding PRELIMINARY INVESTIGATION RULE 112. Nature of Right to Preliminary investigation It is an inquiry, there is proceeding on determining whether or not there is sufficient reason 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. It is not a formal trial in court. This is conducted not by the court of law but by the DOJ through National Prosecution Service. It is a determination whether there is a sufficient evidence that a crime is committed and the respondent charged is probably guilty thereof. PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED Not all crimes or offenses requires preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation. As a general rule a penalty imposable is at least 4 years, 2 months and 1 day then preliminary investigation is required. DOCUMENTS ACCOMPANYING THE COMPLAINT The complaint should attached the affidavit of the complainant, of his witness and other supporting documents that would establish probable cause. DUTY OF INVESTIGATING OFFICER (Investigating Prosecutor) Within 10 days the investigating officer from the start of filing the complaint he has two option (1) outright dismissal, if he finds no ground to conduct the investigation (2) issue a subpoena in case he finds the need to continue with the investigation FILING OF MOTION TO DISMISS DURING PRELIMINARY INVESTIGATION As a general rule a motion to dismiss is not an accepted pleading. The exception is when it contains countervailing evidence or defenses and evidence which rebuts or repudiated the charges; in which case it will be treated as counter affidavit. PURPOSE OF PRELIMINARY INVESTIGATION (1) To determine if the crime has been committed (2) To protect the accused from inconvenience, expense and burden of defending himself in a formal trial (3) To secure the innocent against hasty, malicious and oppressive prosecution (4) To protect the State from having to conduct useless and expensive trial and (5) To determine the amount of bail, if the offense is bailable.
TORIO, SERJOE G. BS CRIMINOLOGY - 3C3 These are some points i have learned: PRELIMINARY INVESTIGATION (RULE 112) Its Purpose, Period when preliminary investigation is required to be conducted Duty of the Investigating Officer and Duty of the prosecutor after the termination of Investigation Rights of the respondent in a preliminary investigation Persons authorized to conduct investigation Court interference in the conduct of preliminary investigation Party to conduct preliminary investigation in election cases
TEJADA, CHUSTYN L. 3C1 This is the summary of my understanding with regards to the Preliminary Investigation Rule 112 The main components of the preliminary investigation includes (1) it is an inquiry or proceeding of determination which determines whether there is a sufficient ground to engender a well-founded belief that a crime has been occurred. Moreover, a preliminary investigation is not a formal trial, hence, it was conducted by the Department of Justice. It is a determination whether there is a sufficient evidence that a crime is committed and the respondent charged is PROBABLY guilty. The only question during the preliminary investigation is whether the accused might have probably committed the crime. Also, the preliminary investigation is not a formal trial on merits. On the period when preliminary investigation is required to be conducted, it was stated there that not all offenses or crimes require preliminary investigation. As a general rule, before filing of a complaint or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine. As exceptions, where an information or complaint is filed pursuant to Sec 7, Rule 112 and the person is lawfully arrested without a warrant. Moreover, the documents accompanying the complaint shall attach the (1) affidavit of the complainant; (2) affidavit of his witness; and (3) other supporting documents that would establish probable cause. Duty of the Investigating Officer That the investigating officer has 10 days to decide on the options they should take, whether to dismiss the complaint if he finds no ground to conduct the investigation or to issue a subpoena in a case he finds the need to continue with the investigation. On the filing of motion to dismiss during preliminary investigation, as a general rule, a motion to dismiss is not an accepted pleading. However as an exception, when a complaint contains countervailing evidence or defenses and evidence which rebuts or repudiated the charges; in which case it will be treated as counter affidavit. Also, during a preliminary investigation, the clarificatory hearing is not mandatory. Duty of prosecutor after the termination of Investigation Within 10 days, the prosecutor shall determine whether or not there is sufficient ground to hold respondent for trial; afterwards, if the investigating officer finds cause to hold the respondent for trial, he shall prepare the resolution and information. Otherwise, he shall recommend the dismissal of the complaint. Purpose of preliminary investigation includes the following: (1) to determine if the crime has been committed; (2) to protect the accused from inconvenience, expense and burden of defending himself in a formal trial; (3) to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation; (4) to protect the State from having to conduct useless and expensive trial; and (5) to determine the amount of bail, if the offense is bailable. The preliminary investigation is deemed waived when it express waiver or by silence, failure to invoke it during arraignment and consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation.
In this video recorded lecture, I have learned about the preliminary investigation which was defined as an inquiry, or proceeding to determine whether there is a sufficient ground to engender a well founded belief a crime has been committed and the respondent is probably guilty thereof and should be held for trial. Preliminary investigation is not a formal trial in court. The rules of court uses the word " probably" since the respondent is not yet guilty since when the resolution of the prosecution is issued they were still finding for the probable cause. The quantum of evidence to find probable cause is a very low standard of evidence. The question here is that whether the accused might have probably committed a crime. The nature of preliminary investigation is mere inquisitorial and a means of determining a person s who may be reasonably charged with a crime. While in court, the nature of the proceedings is adversarial. Period when preliminary investigation is required to be conducted - not all offenses, not all crimes, not all felonies require preliminary investigation.As a general rule, before filing a complaint or information, when the penalty prescribed by law is imprisonment for at least 4 years 2 months and 1 day, then preliminary investigation is required. If the offense is punishable by imprisonment is less than the threshold period of imprisonment, then it does not require preliminary investigation.If the accused is caught acms actually committing a crime, it is considered in flagarante delicto. If a person is arrested without warrant of arrest, preliminary investigation is not applicable instead conduct an inquest. A valid warrantless arrest can be done in in flagrante delict crimes, in hot pursuit, on escapee in detention facility. Documents accompanying the complaint - the affidavit of the complainant - the affidavit of his witnesses ; and - other supporting documents that would establish probable cause Duty of the Investigating Officer 1. From the filing of complaint, the Prosecutor has 10 days to decide on which of the following options to take. He can dismiss outright if he finds no ground to to conduct preliminary investigation. He can issue a subpoena in case he finds the need to continue with an investigation together with the documents required. These are the complaints and other supporting affidavits. Filing a motion to dismiss during preliminary investigation - As a general rule, a motion to dismiss is not an acceptable pleading for it merely alleges the innocence of the respondent without rebutting their evidence on the complainant.
BILOG,JOHNDANWILL J. BSCRIMINOLOGY 3C3 in this video series ilearned about PRELIMINARY INVESTIGATION it is an inquiry,which means there is an inquisition or proceeding to determine whether or not there is sufficient reason to believe a crime has been committed.and also it is not a formal court trial it is conducted by the department of justice through the national prosecution service,whethet it is the provincial prosecutor it is the office of provincial prosecutor or the office of city prosecutor,as the case may be.The purpose of preliminary investigation is to determine the sufficienct of evidence for the purpose of filing an information in court;it is not a trial on the merits,which means that the technical rules of evidence will not apply or donot apply in Preliminary Investigation.
Landicho, Kenneth N. 3C2 Preliminary investigation rule 112 nature of the right of a preliminary investigation is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and that respondent is probably guilty through us and should be held for trial this are the main components of a preliminary investigation there is an inquisition or proceeding of determination now that inquiry is to determine whether or not is a sufficient reason to engender a well-funded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held in preliminary investigation Preliminary investigation Is not a formal trial in court as a matter of fact Quantum of evidence or the weight of evidence necessary for the prosecutor to find probable cause low standard of evidence to be determined during preliminary investigation Preliminary investigation and information is filed in court, the nature of a preliminary investigation it is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime so it is There are two opposing parties: 1. The prosecution and the defense 2. The prosecution the people of the Philippines is represented by the public prosecutor and then the accused might be represented by the public attorney or if he has a private counsel by a defense counsel Not all crimes not all felonies require preliminary investigation there are some crimes which do not require the conduct of preliminary investigation Person is lawfully arrested without a warrant provided that inquest was made in accordance with rule 112 Section six okay these are the exceptions where preliminary investigation is not required a complaint or information can be filed directly in court you do not know Offenses which do not require preliminary investigation under the general rule if the offense is punishable by imprisonment of at least four years two months and one day then offenses which are punishable by imprisonment of less than period of imprisonment it does not require preliminary investigation, if the imprisonment is less than four years two months and one day and by an imprisonment of less than four years two months and one day Offense is punishable by imprisonment four years two months and below that it does not require preliminary investigation In Flagrante Delicto valid warrantless arrests under the rules of court the first warrant this arrest is arrested in flagrante delicto If the accused has been caught as committing a while the accused is committing the crime no so that is when a person is lawfully arrested without a warrant not provided that an inquest was made in accordance with rule 112. The right of the people to be secured in their persons houses papers and effects shall be invaluable and no search warrant or warrant of arrest shall issue except upon probable costs to be determined personally by the judge after the examination and the oath of According to the constitution no person may be arrested without a warrant of arrest but then again the rules of court Provide for the exceptions: Person may be arrested even without the benefit of a warrant of arrest in accordance with the constitution If a person is arrested even without a warrant of arrest then cannot conduct a preliminary investigation instead conduct inquests Illegal detention article 125 of the revised penal code during a preliminary investigation Preliminary investigation a motion to dismiss is not an accepted for it merely alleges the innocence o the respondent without rebutting or repudiating the evidence of the complainant non-motion to dismiss exception when it contains countervailing evidence or defences and evidence which rebuts the charges in which case it would be treated as a counter affidavit the complaint affidavit was poorly written and on the basis of those evidence contained in the complaint motion to dismiss because the complaint in itself have admitted some countervailing Preliminary investigation as a general rule the court cannot interfere in the conduct of preliminary investigations leaving investigation or the investigatory officers a sufficient discretion to determine probable cause exception to this rule is when the acts of the officer are without or in excess of authority resulting to a grave abuse of discretion The ombudsman has the primary authority to investigate and it has the exclusive authority to file and prosecute sandigang bayan , This is a special court ombudsman is authorized to take over at any stage from any investigatory agency of the government the investigation of such party cases conduct preliminary Investigation in election cases commission on elections or the comelec who is vested with the power to conduct preliminary investigations comelec can deputize other prosecuting arms of the government to conduct preliminary investigation and prosecute offenses.
ISLETA, NOELL BRIAN G. 3C3 The summary of what I've learned during the video recorded lecture on Preliminary investigation is as follows: Preliminary Investigation is an inquiry made by the officer upon the apprehension of such offender. It is not a formal trial which is conducted at a court of law. And respondents where not subject for punishment because in our law system which is an adversarial one, a person is innocent until proven guilty. There must be a probable cause for the respondent to be guilty of any cases charged against him. Another thing that I've learned is that in preliminary investigation, a quantum of evidence is low. And a trial on the offender will only proceed once the preliminary investigation has been conducted. Period when preliminary investigation is required to be conducted: As a general rule, a crime which is imposable for atleast 4years, 2months and 1 day is required for a preliminary investigation. The exceptions is that if the crime has an imprisonment of 4years 2 months and 1day and if the person is arrested without a warrant of arrest (inflagrante delicto). Moreover, the delay in the delivery of a detained person under Article 125 of the RPC has been discussed namely; 12hours - light penalties 18hours - correctional penalties 36hours - afflictive penalties Anothe thing is that all evidence that will prove the probable cause and be filed on the complaint during the preliminary investigation. The duty of the investigation officer was also discussed namely; - to dismiss the case charged if the duty investigator found out that there isn't sufficient evidence to charge on the person arrested. - issue a subpoena or the copy of the complaint which is supported by the affidavit and evidences obtained. A complainant must file a complaint affidavit. While a respondent must file a counter affidavit. In filling of motion to dismiss during preliminary investigation: As a general rule, a respondent is not allowed to file a motion to dismiss. But the exception is that: -in complaint, self admitted countervailing evidence for the defense of the respondent. While the duty of the prosecutor after preliminary investigation has been rendered is that: -he must determine if there is a sufficient ground to file a case against the respondent within 10days upon receipt of complaint -he must have taken a resolution base on the evidence presented. Resolution is a conclusion or findings of an investigating prosecutor to the nature of facts presented. Information, on the other hand, contains the act or ommission of crime of the respondent. The prosecutor's duty is to issue a subpoena and review the facts and must have recommended for the dismissal of the case or not. The last thing that I've learned is that the purpose of preliminary investigation which is; -to determine the crime that has been committed (if there is any) -to protect the accused from inconvenience, expense and burden of trial (if they where not the ones liable for the commission of a crime) -to prove or secure innonce of a person -to protect the state (against misdemeanor and similar acts) -to determine the amount of bail if bailable (to avoid improper charging of offense to a person arrested) Thank you sir.
Good Day! Summary of Preliminary Investigation - engender a well founded belief that the crime has been committed and the respondent is probably guilty thereof. - it is merely iquisitional - not a formal trial on merits. Period when Preliminary Investigation is Required to conducted. - not all crime are required to conduct preliminary investigation. - penalty prescribed by law is imprisonment of at least 4 years, 2 months and 1 day withoud regard to the imposable fine. Exception. - complaint or information is filed directly in court - for cases requiring preliminary investigation that a peraob is lawfully arrested without warrant that is the time that inquest proceding was made. Document Accompanying the Complaint 1. The affidavit of the complainant 2. The affidavit of hus witnesses and 3. Other supporting document that would establish probable cause. -all the evidence and statement will attached prove the the probable cause during preliminary investigation. Duty of Investigating Officer 1. To dissmiss the complaint 2. To issue a subpoena Filing in Motion to Dismiss During Preliminary Investigation - a motion to dismiss is not an accepted pleading Exception - when it contains countervailing evidence or defense. Clarificatory Hearinf Not Mandatory - hearing may be set when there are facts and issues to be clarified either from a party or witness. Remember: - the parties do not have the right to examine or cross-examine each other or the witnesses. - if they have question, they shall submit the question to investigating officer. Duty of Prosecutor after the termination of Investigation. - within 10 days from the termination of the investigation, the investigating prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial. - afterwards, if the investigating officer finds cause to hold the respondent for trial he shall prelare the resolution and information. - otherwise, he shall recommend the dismissal of the complaint Purpose of Preliminary Investigation - to determine if the crime has been committed - to protect the accused from inconvinience - to secure the innocent against hasty -to protect the state from having to conduct useless and expensive trial - to determine the amount of bail, if the offense is bailable. Waiver of the right to preliminary investigation -express waiver or silence -failure to invoke it during arraignment - consenting to be arraigned and entering a plea of not guilty without invokinh the right to preliminary investigation. Absence of Preliminary Investigation - become a ground for a motion to quash - affect the court's jurisdiction - impair the validity of the information - release the respondent or nullify the warrant of arrest against him. Rights o the Respondent in a Preliminary Investigation 1. Submit a counter affidavit 2. Examine the evidence submitted by the complainant at his own expense 3. Be present during the clarificatory hearing. Who Conduct Determination of Existemce of Probable Cause? 1. Provincial or city Prosecutor 2. National and Regional State Prosecutor 3. Other officers as may be authorized by law. Ombudsman has primary authority to investigate and exclusive authority to file and prosecute Sandigan Bayan Cases Party to Conduct Preliminary Investigation in Election Cases COMMELEC is vested the power to conduct preliminary investigation. It may deputized other prosecuting arms of the government to conduct preliminary investigation and prosecute offenses. THANK YOU SIR. ALVAREZ, JONEL L. 3C2- BS CRIM
UMALI, ANGELICA JANE M. 3C2 I've learned a lot in Rule 112 Preliminary Investigation. Nature of the Right The main components of a preliminary investigation is an inquiry no there is an inquisition or proceeding of determination now that inquiry is to determine whether or not now there is a sufficient reason to engender a well-funded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held for trial. Preliminary investigation is not a formal trial in court as a matter of fact when you say preliminary investigation this is conducted not by the courts of law but by the department of justice through the national prosecution service be it office of the provincial prosecutor or the office of the city prosecutor as the case may be now a preliminary investigation is determination whether there is a sufficient evidence that a crime was committed and that number two the respondent charge is probably guilty thereof The word probably the word probably which qualifies whether the respondent is guilty of the crime. The rules of court uses the word probably because when a resolution is issued by the prosecutor's office finding probable cause that means that the respondent is not yet guilty of the crime charge which is why the word guilty under Rule 112 Section 1 is qualified by the word probably meaning it is only a probable cause, respondent could have probably committed it does not mean that the respondent is actually guilty beyond reasonable doubt of the crime charge during preliminary investigation the quantum of evidence or the weight of evidence necessary for the prosecutor to find probable cause now is only a very low standard of evidence the only question to be determined during preliminary investigation is not whether the accused is guilty of the crime charge beyond reasonable doubt the only question in a preliminary investigation is whether the accused might have probably committed the crime or not. In a preliminary investigation the quantum of evidence is very low, the only question as a matter of fact is whether the accused is probably which is why after the conduct of preliminary investigation information is filed in court and that the trial will proceed in court. Preliminary investigation is a prelude for a formal trial in a court of law. -It is inquisitorial, as opposed to antagonistic, no because when you reach the courts. There are two opposing parties the prosecution and the defense. The prosecution is represent the people of the Philippines; represented by the public prosecutor and then the accused might be represented by the public attorney or if he has a private counsel by a defense counsel or counsel for the accused. In court the nature of the proceedings is adversarial no adversarial there are adversaries for the prosecution and for the accused there are two parties. In a preliminary investigation the nature is merely inquisitorial, it is not adversarial. When you saying inquisitorial the purpose of preliminary investigation is to determine sufficiency of evidence for the purpose of filing information in court it is not a trial of the case on merits. A preliminary investigation is not a trial of the case on merits. When you say that a preliminary investigation is not a trial on merits that means that the technical rules on evidence will not apply in preliminary investigation. It is not a formal trial on merits Period when preliminary investigation is required to be conducted Not all offenses, not all crimes, not all felonies require preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation. A complaint or information can be filed directly in court, yyou do no longer have to file a complaint affidavit before the prosecutor's office. You can file your complaint directly in court now. Direct filing, you no longer have to undergo preliminary investigation before the office of the prosecutor. If the offense is punishable by imprisonment of at least four years two months and one day then preliminary investigation is required then you go file your complaint before the prosecutor's office. If the accused had been lawfully arrested without the benefit of a warrant of arrests, called in flagrante de licto arrest; valid warrantless arrests under the rules of court, the accused has been caught as committing a crime while the accused is committing the crime. When a person is lawfully arrested without a warrant not provided that an inquest was made in accordance with rule 112. The instances of warrantless arrest Constitutional provision, under section 2 of article 3 of the constitution class, The right of the people to be secured in their persons houses papers and effects shall be invaluable and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after the examination and the oath of the complainant and the witnesses he may produce particularly describing the place to be searched and the persons or things to be seized. No person may be arrested without a warrant of arrest. The rules of court provide for the exceptions under these instances a person may be arrested even without the benefit of a warrant of arrest in accordance with the constitution. If a person is arrested even without a warrant of arrest then you do not conduct a preliminary investigation instead you conduct inquests, valid warrantless arrests, inquest proceedings prosecutor conducted it. Illegal detention, Article 125 of the Revised Penal Code Penalty Duty of the Investigating Officer In practice Investigating Prosecutor Outright dismissal- if the investigating prosecutor finds no ground to conduct investigation then he will dismiss outright your complaint. If there is a ground to continue for the investigation then the investigating prosecutor will issue the subpoena and allow the respondent to file his or her counter and then the responded counter affidavit now the investigating prosecutor will have to attach to the subpoena the copy of the complaint and the supporting affidavits and evidence. We began a period of time within which to file his or her counter affidavit. Duty of the prosecutor after the termination of the investigation Resolution and conclusion findings not investigating prosecutor the only narration of facts allegations whose arguments is more weighty than the other the investigating prosecutor will calibrate the evidence the soundness of the arguments and the logic the consistency factual and legal resolution facts okay that is resolution under your information, you demand it will contain the act or omissions complained of constituting the crime information, otherwise if the investigating prosecutor does not find a ground to hold responded for trial. He shall recommend the dismissal of the complaint, recommend investigating prosecutor. Under our prosecutorial system thre are two, in charge in during preliminary investigation investigating prosecutor meaning subpoena affidavits but the resolution is merely recommendatory in nature that the findings of the investigating prosecutor is merely recommendatory provincial prosecutor or city prosecutor as the case may be. Investigating prosecutor and approving authority and that is the provincial prosecutor or the city prosecutor under our prosecutorial system. it guards the conduct of the preliminary investigation from what corruption. Investigating prosecutor for example there is a bias.
DE LUNA JR., DOMINADOR A. 3C4 Regarding in this Video recorded lecture that has been uploaded, In terms of the importance of preliminary investigation and also the purpose of preliminary investigation wherein the preliminary investigation it is conducted for the cases by the Virtue of Warrant. In defining Preliminary Investigation it refers to an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime cognizable by the Regional Trial Court has been committed and that the respondent is probably guilty thereof and should be held for trial. The term “RESPONDENT” additional information, it used by the prosecution pillar since the individual who called respondent was considered as innocent without executory or final judgement. In addition, probably guilty thereof and should undergo for trial while the term “PROBABLY” on the definition of preliminary investigation it means when a resolution issue filing probable case is not yet guilty on the said criminal liabilities. Thus preliminary investigation it is not formal trial for merits.With regards to the Period when Preliminary Investigation is required to be conducted, but first it is important to know those cases where preliminary investigation is not required. As a general rule before filing of a compliant or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years and 2 months and 1 day without regard to the impossable fine (SEC. 1 RULE 112) Therefore those 4 years below is not required to undergo preliminary investigation. Meanwhile, the Exceptions of preliminary investigation (A). Imprisonment less than 4 years, 2months and 1 day. ( B) Lawfully arrest without benefit of warrant such as in flagrante delicto arrest- if the police officer caught in the act that the suspect was actually committing a crime. Hence warrant arrest the only person was responsible to issue is the judges further the person responsible the conduct inquest proceedings is the prosecutor. Moreover there are documents that should be provide and file in specific or required time such as the affidavits of the complaint, affidavits of his witness and last other supporting documents that would establish probable cause. With regards to the duty of the investigating officer or the so called investigating prosecutor that within 10 days the investigating officer from the start of filing the complaint he has two option. First, outright dismissal, if he finds no ground to undergo or conduct investigation. Second, to issue a subpoena in case he finds the need to continue with the investigation. When it comes to filing of motion to dismiss during preliminary investigation, general rule: the motion to dismiss is not an accepted pleading for merely alleges the innocence of the respondent without rebutting or reprudiating the evidence of the complaint. Exceptions: when it contains countervailing evidence or defences and evidence which rebuts or repudiates the charges; in which cases it will be treated as a counter affidavit. Lastly, the things that must have been take into consideration was the purpose of preliminary investigation and its application firstly in determining if the crime has been committed and the probable cause can be accompanied. Second, in protecting the accused from inconvenience, expense and burden of defending himself in a formal trial. Third, is to secure the innocent against hasty, malicious and oppressive prosecution. Last is to protect the state from useless and expensive trial when the case actually is waste of time and to determine the amount of bail, if the offense that has been filed is bailable.
PRELIMINARY INVESTIGATION RULE 112 In this video lecture i learned that the preliminary investigation purpose is to know whether the accused might have "PROBABLY" committed a crime or not. It is also said that the nature of preliminary investigation is merley inquisitorial. Or to (determine sufficiency of evidence and not a trial of a case on merits or not formal trial on merits). Also, in here the Court proceeding is adversarial. -NOT ALL CRIMES REQUIRED PRELIMINARY INVESTIGATION. If penalty imposable is atleast 4 years, 2months and 1 day then preliminary investigation is required. But when imprisonment is less than 4 years, 2months and 1 day, it is required to have preliminary investigation. Illegal detention- turn over already on the prosecutor on duty for inquest. -Delay in delivery of the detained person under Art.125 12 hours- light penalties 18 hours- correctional penalties 36 hours- afflictive penalties Complaint- file complaint affidavit Respondent- file counter affidavit Duty of the prosecutor after the termination of investigation. Within 10 days they have to determine whether or not there is sufficient ground. Resolution, resolve the complaint. Resolution- conclusion, findings of the investigating prosecutor to the nature of facts and evaluate the facts. Information- contain the act or omission and constitution of the crime. *Under the prosecutorial system, two incharge during preliminary investigation. *Investigating prosecutor issue subpoena, review the facts and resolve but the provincial or city prosecutor will have approving authority and the investigating prosecutor is for recommendation of dismissal or not. Purpose of preliminary investigation: Determine of crime has been committed, Protect the accused from inconvenience, expense and burden of trial, To secure innocent, Protect state, Determine amount of bail if bailable. Balasbas Julius L. 3c1
PASTRANA, KATRINE L. 3C2 PRELIMINARY INVESTIGATION RULE 112 PRELIMINARY INVESTIGATION (DEFINITION) - Is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and that respondent is probably guilty of a crime. - Preliminary Investigation is determination whether there is a sufficient evidence that- (1) a crime was committed; (2) the respondent charge is probably guilty thereof. - Prelude for a formal trial in a court of law. MAIN COMPONENTS OF A PRELIMINARY INVESTIGATION 1. To determine whether is a sufficient reason to engender a well-funded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held in for trial. NOTE: - Preliminary investigation IS NOT A FORMAL TRIAL in court. This is just conducted not by the courts of law but by the Department of Justice through the National Prosecution Service be it office of the Provincial Prosecutor or the office of the City Prosecutor as the case may be. - Preliminary investigation is not a trial on merits that means that the technical rules on evidence will not applicable in a preliminary investigation. PROBABLY- is used to determine whether the respondent is guilty of the crime charge or not. QUANTUM OF EVIDENCE (weight of evidence) - it is used in the preliminary investigation so that the prosecutor find a probable cause in a crime that was committed by a perpetrator. Preliminary Investigation is a prelude for a formal trial in a court of law. NATURE OF A PRELIMINARY INVESTIGATION- it is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime. ADVERSARIAL - There are two opposing parties (1) PROSECUTION - People of the Philippines is represented by the public prosecutor (2) DEFENSE - Represented by a public attorney, and or private counsel or by a defense counsel INQUISITORIAL- its purpose in the preliminary investigation is to determine sufficiency of evidence for the purpose of filing an information in court. “NOT ALL OFFENSES, CRIMES OR FELONIES REQUIRE PRELIMINARY INVESTIGATION”. GENERAL RULE - Before the filing of a complaint or information for an offense when the penalty prescribed by law is imprisonment of at least four years two months and one day without regard to the impossible fine. If the penalty imposable for the crime charged is at least four years, two month and one day if the crime then preliminary investigation is required. EXCEPTIONS 1. Where an information or complaint is filed pursuant to Section 7 Rule 112. If the complaint or information is filed directly in court. - You will no longer have to file a complaint affidavit before the Prosecutor's Office. You can file your complaint directly in court 2. For cases requiring preliminary investigation that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Section 6 of Rule 112. - This includes the WARRANTLESS ARREST. - Doesn’t need preliminary investigation instead you will conduct inquests proceeding. DOCUMENTS ACCOMPANYING THE COMPLAINT 1. The affidavits of the complainant; 2. The affidavit of the witnesses; and 3. Another supporting documents that would establish probable investigating officer. DUTIES OF THE INVESTIGATING OFFICER - From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take. 1. To dismiss the complaint if he finds no ground to conduct the investigation; or 2. To issue subpoena in case that he find the need to continue with the investigation. FILING A MOTION TO DISMISS DURING THE PRELIMINARY INVESTIGATION GENERAL RULE “In preliminary investigation, a motion to dismiss is not an accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complainant”. EXCEPTION - When it contains countervailing evidence or defenses and evidence which rebuts or repudiates the charges; in which case it would be treated as a counter affidavit. EXAMPLE: The complaint affidavit was poorly written and on the basis of those evidence contained in the complaint is motion to dismiss. CLARIFICATORY HEARING NOT MANDATORY “A hearing may be set by the investigating officer only when there are facts and issues to be clarified either from a party or a witness which shall be conducted within 10 days from the submission of the counter-affidavit and other affidavits and documents filed by the respondent”. NOTE: 1. The parties do not have the right to examine or cross-examine each other or the witnesses. - The nature of preliminary investigation is inquisitorial it is not adversarial examination. 2. If they have questions to ask they shall submit the questions to the investigating officer who shall ask the questions. DUTY OF THE PROSECUTOR AFTER THE TERMINATION OF THE INVESTIGATION - Within 10 days from the termination of the investigation the investigating prosecutor shall determine whether or not there is a sufficient ground to hold the respondent for trial. The prosecutor will determine whether or not there is a sufficient ground to hold the respondent for trial. - Afterwards if the investigating officer finds cause to hold the respondent for trial,he shall he shall prepare the resolution and information. RESOLUTION VS. INFORMATION RESOLUTION - Conclusion or findings of investigating prosecutor. - There are narration of facts such as allegations of complainant and or the defenses of the respondents. - The investigating prosecutor will calibrate the evidence, soundness of the arguments, and the logic of consistency factual and legal - Merely recommendatory of the provincial prosecutor as the case may be. INFORMATION - It is a demand that will contain the act or omissions complained of constituting the crime. PURPOSE OF PRELIMINARY INVESTIGATION 1. For the investigating prosecutor to determine if the crime has been committed; 2. To protect the accused from inconvenience expense and the burden of defending himself in a formal trial unless probability of his guilt is first asserted 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 and the anxiety of a public trial; 4. To protect the state from having to conduct useless and expensive trial 5. To determine the amount of bail if the offense is bailable. WAIVER OF THE RIGHT TO PRELIMINARY INVESTIGATION It shall be deemed waive by: 1. Express waiver of by silence; 2. Failure to invoke during arraignment; and 3. Consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation. NOTE: The waiver whether expressed or implied must be in a clear and unequivocal manner (there is no doubt or it is not susceptible of different interpretations and preliminary investigation is only a statutory right and not unconstitutional right). ABSENCE OF PRELIMINARY INVESTIGATION Absence of preliminary investigation does not: 1. Become a ground for motion to quash the complaint or information as it does not impair the validity of the information or affect the jurisdiction of the trial court; 2. Affect the court's jurisdiction but merely the regularity of the proceedings; 3. It impairs the validity of the information and justify the release of the respondent or nullify the warrant against him. RIGHTS OF THE RESPONDENT IN A PRELIMINARY INVESTIGATION 1. The respondent can submit a counter affidavit; 2. Examine the evidence submitted by the complainant at his own expenses; and 3. Be present during the clarificatory hearing. now who may conduct PROBABLE CAUSE IN A PRELIMINARY INVESTIGATION - Defined as the existence of such facts and circumstances as would excite belief in a reasonable mind acting on the acts within the knowledge of the prosecutor, that the person charge was prosecuted. It is not a pronouncement of the guilt. PERSONS AUTHORIZED TO CONDUCT INVESTIGATION a preliminary 1. Provincial or City Prosecutor and their assistant; 2. The National and Regional State Prosecutors; 3. Officers as may be authorized by law (for example the ombudsman authorized officer deputized by COMELEC for election). COURT INTERFERENCE IN THE CONDUCT OF PRELIMINARY INVESTIGATION GENERAL RULE “The court cannot interfere in the conduct of preliminary investigations, leaving investigatory officers sufficient discretion to determine probable cause”. EXCEPTION - When the acts of the officer are without or in excess of authority resulting to a grave abuse of discretion. EXTENT OF AUTHORITY OF THE OMBUDSMAN IN THE CONDUCT OF PRELIMINARY INVESTIGATION - The ombudsman has the primary authority to investigate and it has the exclusive authority to file and prosecute Sandiganbayan Cases. - The ombudsman is authorized to take over at any stage from any investigatory agency of the government, the investigation of such cases. PARTY TO CONDUCT PRELIMINARY INVESTIGATION - The commission on elections is vested with the power to conduct preliminary investigations. - It may deputize other prosecuting arms of the government to conduct preliminary investigation and prosecute offenses.
3C4 B.S CRIMINOLOGY AREVALO, NIKKA BABES B. Thank you, Sir. In this topic, I’ve learned about Preliminary Investigation NATURE OF RIGHT 1. it is an inquiry, a preceding of determination whether there’s a sufficient ground to engender a well-founded belief that crime has been committed and the respondents is probably guilty 2. it is merely inquisitorial (to determine the sufficiency of evidence for the purpose of filing information to court) 3. it is not a trial PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED - Not all crimes/felonies require preliminary investigation. - If the penalty is at least 4 years 2 months and 1 day without regard the imposable fine preliminary investigation is required otherwise not. - Exemption: 1.) Complaint or information is filed directly in court. 2.) lawfully arrest without warrant DUTY OF THE INVESTIGATING OFFICER - Within 10 days from the termination of investigation, shall determine whether or not there is sufficient ground to hold the respondents for trial. - If the officer finds cause to hold respondents to trial, he shall prepare the resolution and information - Otherwise recommend for the dismissal of the complaint PURPOSES OF PRELIMINARY INVESTIGATION 1. For the investigation prosecutor to determine if the crime is committed 2. To protect the accused from inconvenience, expense, and burden defending himself 3. to secure innocent from hasty, malicious, and oppressive prosecution 4. to protect the state from having useless and expensive trial 5. to determined the amount of bail. WAIVER OF THE RIGHT TO PRELIMINARY INVESTIGATION - Preliminary Investigation is statutory It shall be deemed waived by 1. express waiver or by silence 2. failure to invoke during arraignment 3. concerning to be arraigned and entering a plea of not guilty ABSENCE OF A PRELIMINARY INVESTIGATION - Does not: 1. become the ground of motion to quash 2. affects the court jurisdiction 3. Impair the validity of information 4. justify the release of respondents or nullify the warrant of arrest against him RIGHTS OF THE RESPONDENT IN A PRELIMINARY INVESTIGATION 1. submit counter affidavit 2. examine the evidence by the complainant at his own expense Be present during the clarificatory hearing WHO MAY CONDUCT PRELIMINARY INVESTIGATION? 1. Provincial or city prosecutor and their assistance 2. National and Regional State prosecutor 3. other officer authorized by law PROBABLE CAUSE IN PRELIMINARY INVESTIGATION -the existence of such facts and circumstances that excite belief in a reasonable mind
PERIA, GAPCIE ROSE O. 3C4 In this lesson, I've learned that: ✓Nature of Rights Preliminary Investigation - there is an inquiry to determine whether or not there is sufficient reason to engender a well founded belief that a crime has been committed and the respondent is probably guilty and should be held for trial. - is not a formal trial in court and it was conducted by the Department of Justice through National Prosecution Service. - determines whether there is a sufficient evidence that a crime was committed and the respondent charge is probably guilty. - the quantum of evidence is very low - is merely inquisitorial, its purpose is to determine sufficiency of evidence for the purpose of filing an information in court - technical rules does not apply in preliminary investigation (is not a formal trial on merits) ✓Period when preliminary investigation is required to be conducted - there are some crimes which do not require the conduct of preliminary investigation, if the penalty is at least 4 years, 2 months and 1 day the it is required. Exceptions: (a.) The complaint and information is filed directly in court (b.) that the person is lawfully arrested without warrant. - If the imprisonment is less than in 4 years, 2 months and 1 day does not require preliminary investigation. ✓ Documents Accompanying the Complaint - The affidavits of complainants, affidavits of his witnesses and other supporting documents that would establish probable cause. ✓Duty of Investigating Officer - Within 10 days the investigating officer will decide on which options to take: (a.) To dismiss the complaint if he finds no ground to conduct investigation (b.) To issue a subpoena in case he finds the need to continue with the investigation. ✓ Filing of motion to dismiss during Preliminary Investigation -motion to dismiss is not an accepted pleading as to general rule, except when contains countervailing evidence or defenses and evidence which rebuts the charges. ✓ Purpose of Preliminary Investigation - (a.) To determine if the crime has been committed; (b.) To protect the accused from inconvenience, expense and burden of defending himself in formal trial; (c.) To secure the innocent against hasty, malicious and oppressive prosecution; (d.) To protect the State from having to conduct useless and expensive trial and (e.) To determine the amount of bail, if the offense is bailable. ✓ Person authorized to conduct investigation - (a.) Provincial or City prosecutors and their assistant (b.) National and Regional State Prosecutors and (c.) Other officers as may be authorized by law.
MAGBOO, JONALYN M. 3C1 Done watching Atty. This is what I have learned in your lesson. PRELIMINARY INVESTIGATION RULE 112 NATURE OF RIGHT It is an, inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial ( Sec 1, Rule 112). ~ It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime. ~ It is not a trial of the case on the merits (Herrera, 2007). Period when preliminary investigation is required to be conducted General Rule: Before the filing of a complaint or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine (Sec. 1, Rule 112). Period when preliminary investigation is requiref to be conducted Exceptions: Where an information or complaint is filed pursuant to Sec. 7, Rule 112, i.e. the complaint or information is filed directly in court (Ibid); For case requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule (Sec. 6, Rule 112). Document Accompanying the Complaint - The affidavits of the complaint - The affidavits of his witnesses; and - Other supporting documents that would establish probable cause Duty of the Investigating Officer From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take: To dismiss the complaint if he finds no ground to conduct the investigation; or To issue a subpoena in case he finds the need to continue with the investigation, in which c-se the subpoena shall be accompanied with the complaint and its supporting affidavits and documents ( Sec 3(b), Rule 112). Filing of motion to dismiss preliminary investigation General Rule: a. "In preliminary investigation, a motion to dismiss is no6an accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complaint. Exception: When it contains countervailing evidence or defenses and evidence which rebuts or repudiates the charges; in which case it will be treated as a counter-affidavit.
LEUTERIO, JOHN PAUL O. BS CRIMINOLOGY 3C4 Good day sir, In this video lecture I have learned the following: PART 5 PRELIMINARY INVESTIGATION RULE 112 NATURE OF RIGHT. - it is an inquisition to determine whether or not there is a sufficient reason to engender a well-founded belief that a crime has been committed and the respondent is probably guilty. -it is inquisitorial as opposed to antagonistic when you reach the court, there are two opposing parties the prosecution, and the defense. -a preliminary investigation is not a trial on merits, it means the technical rules on evidence will not apply. PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED. - if the penalty imposable for the crime charged is at least 4 years 2 months and 1 day then a preliminary investigation is required. EXCEPTIONS -a complain of information is filed directly in court -if the accused had been lawfully arrested without the benefit of a warrant of arrest "inflagrante delicto arrest" DUTY OF THE INVESTIGATING OFFICER -it the prosecutor finds no ground to conduct a preliminary investigation then he will dismiss outright the complaint - if there is a ground to continue for the investigation then the prosecutor will issue the subpoena and allow the respondent to file his or her counter-affidavit. PURPOSES OF PRELIMINARY INVESTIGATION -determine if there is a crime committed - preliminary investigation will protect the accused from inconvenience, expense, and burden of a public trial -Protecting the innocent against hasty, malicious, and oppressive prosecution. -Protect the state to conduct useless and expensive trials. -Determine the amount of bail. WAIVER OF THE RIGHT TO PRELIMINARY INVESTIGATION -Express waiver by silence -Failure to invoke it during arraignment -It must be in a clear and unequivocal manner ABSENCE OF A PRELIMINARY INVESTIGATION - Does not become a ground for a motion to quasi -Does not affect the court's jurisdiction -Does not impair the validity of the information -And justify the release of the respondent or nullify the warrant of arrest. RIGHTS OF THE RESPONDENT IN A PRELIMINARY INVESTIGATION -Can submit a counter affidavit -Can examine the evidence embedded by the complainant at his own expense -And being present during the clarificatory hearing PROBABLE CAUSE IN PRELIMINARY INVESTIGATION - it is the existence of such facts and circumstances as would excite belief in a reasonable mind.
Good Day Atty. Thank you for this video.
In this video lecture I’ve learned about the PRELIMINARY INVESTIGATION RULE 112.
-The main components of preliminary investigation, first it is an inquiry, it is to determine whether or not there is a sufficient reason to endanger a well-founded belief that a crime has been committed and second the respondent charge is probably guilty thereof, and should be held for trial.
NOTE: preliminary investigation is not a formal trial in court, as a matter of fact when you say preliminary investigation this is conducted not by the court of law but by the department of justice through the National prosecution service be it office of the provincial prosecutor or the office of the City prosecutor as the case may be
-Note the word probably which qualifies whether the respondent is guilty of the crime charge. Observe that the rules of court uses the word probably because when a resolution is issued by the prosecutor office finding probable cause that means that the respondent is not yet guilty of the crime charge.
-During the preliminary investigation the quantum of evidence or the weight of evidence necessary for the prosecutor to find probable cause is only a very law standard of evidence.
NATURE IN PRELIMINARY INVESTIGATION
-it is a merely inquisitorial and a means of determining the persons who may be reasonably charge with a crime. When we say inquisitorial the purpose of preliminary investigation is to determine sufficiency of evidence for the purpose of filing an information in court it is not a trial of the case on merits, it means that the technical rules on evidence will not apply or do not apply in the preliminary investigation.
PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED
-Not all offenses, crimes and felonies require a preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation.
NOTE: If the penalty imposable for the crime charge is at least 4 years, 2 months and 1 day then preliminary investigation is required then file the complaint in the prosecutor however, if the penalty is 4 years and 2 moths below then it does not require preliminary investigation and it can be filed in court directly.
EXEMPTION:
-When an information or complaint is filed directly in court.
-That a person is lawfully arrested without a warrant provided that inquest was made in accordance with rule 112.
Note: If the person arrested without the warrant of arrest inquest proceeding will be applied.
DOCUMENTS ACCOMPANYING THE COMPLAINT
-the complaint should attach the affidavits of the complainant, witness he may produce and another supporting documents that would establish probable cause.
DUTY OF THE INVESTIGATING OFFICER
-the investigating officer/prosecutor has 10 days within which to decide on which of the following option take such as to dismiss the complaint if he finds no ground to conduct the investigation or to issue a subpoena in case he finds the need to continue with investigation.
FILING OF MOTION TO DISMISSDURING PRELIMINARY INVESTIGATION
-a motion to dismiss is not accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complainant, Thus when it contains countervailing evidence or defenses.
CLARIFICATORY HEARING NOT MANDATORY
-a hearing may set by the investigating officer only when there are facts and issues to be clarified either from a party or a witness and shall be conducted within 10 days from the submission.
DUTY OF THE PROSECUTOR AFTER THE TERMINATION OF INVESTIGATION
-within 10 days the prosecutor shall determine whether or not there is a sufficient ground to hold respondents for trial. Afterwards, if the inestigating officer finds cause to hold respondents the he shall prepare the resolution and information or otherwise he shall recommend the dismissal of the complaint.
PURPOSES OF PRELIMINARY INVESTIGATION
-for the investigating prosecutor to determine if the crime has been committed, to protect the accused from inconvenience, expenses and burden of defensing himself in a formal trial., to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation, to protect the state from having to conduct useless and expensive trial and last is to determine the maount of bail, if the offense is bailable.
WAIVER OF THE RIGHT TO PRELIMINARY INVESTIGATION
-the preliminary investigation is deemed waive by the express waiver or silence, the failure to invoke it during arraignment and consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation. The waiver whether expressed or implied must be in a clear and unequivocal manner.
RIGHT OF THE RESPODENT IN A PRELIMINARY INVESTIGATION
-submit a counter affidavit, examine the evidence submitted by the complainant at his own expense and be present during the clarificatory hearing.
ABSENCE OF A PRELIMINARY INVESTIGATION
-the absence of the preliminary investigation does not become a ground for the motion to quash the complaint or information as it does not impair the validity of the information or affect the jurisdiction of the trial court, Affect the court jurisdiction but merely the regularity of the proceeding, impair the validity of information and justify the release of the respondent or nullify the warrant of arrest against him.
PROBABLE CAUSE IN PRELIMINARY INVESTIGATION
-Probable cause in the preliminary investigation is defined as the existence of such facts and circumstances as would excite belief in reasonable mind.
PERSON AUTHORIZED TO CONDUCT INVESTIGATION
-Provincial or City prosecutor and their assistant, National and Regional State prosecutor and other officers as may be authorized by law.
COURT INTERFERE IN THE CONDDUCT OF PRELIMINARY INVESTIGATION
-the court cannot interfere in the conduct of preliminary investigation, however when the acts of the officer are without or in excess of authority resulting a grave abuse of discretion.
EXTENT OF AUTHORITY OF THE OMBUDSMAN IN THE CONDUCT OF PRELIMINARY INVESTIGTAION
-it has the primary authority to investigate and exclusive authority to file and prosecute Sandiganbayan cases. Also it has the authority to take over at any stage, from any investigatory agency of the government.
PARTY TO CONDUCT PRELIMINARY INVESTIGATION IN ELECTION CASES
-the commission of election is vested the power to conduct preliminary investigation. However, comelec can deputize other prosecuting arms of government to conduct preliminary investigation and prosecute offenses.
OSUNA, CHARLENE MAY M.
3C2 BS-CRIMINOLOGY LSPU SPCC
Good day,Thank you Atty.for another knowledge I have learned...
Thank you for this lecture, sir!
In this video, I have learned that the nature of the right to a preliminary investigation is an inquiry or proceeding to determine if there is sufficient ground to engender a well-founded belief a crime has been committed. the investigation is conducted not by the courts of law but by the department of justice through the national prosecution service be it the office of the provincial prosecutor or the office of the city prosecutor it is the determination of whether there is a crime is committed.
Not all offenses not all crimes not all felonies require preliminary investigation there are some crimes that do not require the conduct of the preliminary investigation. As a general rule a penalty imposable is at least 4 years, 2 months, and 1 day then the preliminary investigation is required.
Exceptions from the general rule (1) where information or complaint is filed pursuant to section 7 rule 112 for example if the complaint or information is filed directly in court for cases requiring preliminary Investigation (2) that a person is lawfully arrested without a warrant provided that inquest was made in accordance with rule 112 section six these are the Exceptions where a preliminary investigation is not required.
the complaint should attach the affidavit of the complainant of their witness together with other supporting documents.
Investigating prosecutor, within 10 days from the investigating officer from filling the complaint there are two options (1) the prosecutor can dismiss the complaint If he finds no ground to conduct the Investigation (2) issue a subpoena in case he finds the need to continue with the investigation in which case the subpoena shall be accompanied by the complaint and its supporting affidavits and documents.
Purpose of Preliminary Investigation
1 To determine if the crime has been committed
2 To protect the accused from inconvenience, expense, and burden of defending himself in a formal trial
3 To secure the innocent against hasty, malicious, and oppressive prosecution
4 To protect the State from having to conduct a useless and expensive trial
5 To determine the amount of bail if the offense is available.
Violanda, Venus M.
3-c2
OLIQUINO, JOSHUA O.
3C4
Done watching Atty! Thankyou for another knowledge acquired.
I have learned a lot in Rule 112 of Preliminary Investigation such as:
Nature of Right to Preliminary investigation
-There is an inquiry underway to determine whether there is sufficient evidence to support a well-founded belief that a crime has been committed and that the respondent is most probably guilty of it and should be held for trial. It is not a formal court proceeding.
Documents accompanying the complaint
-The affidavits of the complainant. The affidavit of the witnesses. Another supporting documents that would establish probable investigating officer.
Duty of the Investigating Officer
-The investigating officer has 10 days to decide whether to dismiss the case outright. If the investigating prosecutor determines that there is no reason to conduct a preliminary investigation, he will dismiss your complaint outright or issue a subpoena if he believes that the investigation must be continued.
Filing of motion to dismiss during preliminary investigation.
-A motion to dismiss is not, in general, an accepted pleading. Exceptions include countervailing evidence or defenses, as well as evidence that rebuts or repudiates the charges, in which case it will be considered as a counter affidavit.
- To determine if the crime has been committed.
- To protect the accused from inconvenience, expense and burden of defending himself in a formal trial.
- To secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation
- To protect the state from having to conduct useless and expensive trial
- To determine the amount of bail, if the offenses are bailable
Absence of preliminary investigation
- It does not become a ground for motion to quash the complaint or information as it does not impair the validity of the information or affect the jurisdiction of the trial court. It does not affect the court's jurisdiction but merely the regularity of the proceedings. It does not impair the validity of the information. It does not justify the release of the respondent or nullify the warrant against him.
Rights of the respondent in a preliminary investigation
- The respondent can submit a counter affidavit. Examine the evidence submitted by the complainant at his own expenses. Be present during the clarificatory hearing
Probable cause in a preliminary investigation
- the existence of such facts and circumstances as would excite belief in a reasonable mind acting on the acts within the knowledge of the prosecutor, that the person charge was prosecuted. It is not a pronouncement of the guilt.
Person authorized to conduct investigation
- The provincial or City Prosecutor and their assistant, the National and Regional State Prosecutors and the Officers as may be authorized by law
Good day Atty. Thank you for this lecture.
Like what you said Atty. Preliminary Investigation is not a formal trial in court, as a matter of fact when you say preliminary investigation this is conducted not by the court of law but by the department of justice through the National prosecution service be it the office of the provincial prosecutor or the office of the City Prosecutor as the case may be.
Nature of Right is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime. When we say inquisitorial the purpose of preliminary investigation is to determine the sufficiency of evidence for the purpose of filing information in court it is not a trial of the case on merits, it means that the technical rules on evidence will not apply or do not apply in the preliminary investigation.
Duty of the Investigating Officer the investigating officer/prosecutor has 10 days within which to decide on which of the following option to take such as to dismiss the complaint if he finds no ground to conduct the investigation or to issue a subpoena in case he finds the need to continue with the investigation.
Purposes of Preliminary Investigation or the investigating prosecutor to determine if the crime has been committed, to protect the accused from inconvenience, expenses, and burden of defending himself in a formal trial, to secure the innocent against hasty, malicious, and oppressive prosecution, and to protect him from an open and public accusation, to protect the state from having to conduct useless and expensive trial and last is to determine the amount of bail if the offense is bailable.
Waiver of the right to preliminary investigation the preliminary investigation is deemed waive by the express waiver or silence, the failure to invoke it during arraignment and consenting to be arraigned and enter a plea of not guilty without invoking the right to a preliminary investigation. The waiver whether expressed or implied must be in a clear and unequivocal manner.
Rights of the respondent in a preliminary investigation submit a counter-affidavit, examine the evidence submitted by the complainant at his own expense and be present during the clarificatory hearing.
Absence of a preliminary investigation the absence of the preliminary investigation does not become a ground for the motion to quash the complaint or information as it does not impair the validity of the information or affect the jurisdiction of the trial court, Affect the court jurisdiction but merely the regularity of the proceeding, impair the validity of information and justify the release of the respondent or nullify the warrant of arrest against him.
Probable cause in the preliminary investigation is defined as the existence of such facts and circumstances as would excite belief in a reasonable mind.
Thankyou sir
After watching this video i have learned the following:
A preliminary investigation is one that is conducted to determine whether or not there is enough evidence to support a well-founded belief that a crime has been committed and that the respondent is most likely guilty of it and should be held for trial. It is not a formal court proceeding. Instead of a court of law, this is handled by the Department of Justice (DOJ) through the National Prosecution Service. It decides whether there is enough evidence to prove that a crime was committed and that the respondent charged is most likely guilty of it.
There are crimes that do not necessarily require an initial investigation. In general, an impossible penalty is at least four years, two months, and one day, after which a preliminary investigation is needed.
When it comes to the complainant's documents, he should attach his affidavit, his inadequacy, and any other relevant documents that would develop probable cause.
The investigating officer, who is also the investigating prosecutor, has two options within 10 days of filing the complaint. The first is to dismiss the complaint outright if he finds no grounds to conduct the investigation, and the second is to issue a subpoena if he believes the investigation must be continued.
A motion to dismiss is not an established pleading when it comes to the filing of a motion to dismiss during the preliminary investigation. The only exception is when it contains countervailing evidence or defenses, as well as evidence that rebuts or disproves the charge, in which case it is treated as a counter affidavit.
Preliminary investigation is conducted(a) determine whether the crime was committed, (b) protect the accused from the innocence, expense, and burden of defending himself in a formal trial, (c) protect the innocent from hasty, malicious, and oppressive prosecution, (d) protect the State from having to conduct a useless and expensive trial, and (e) determining the amount of bail, if the offense is bailable
PONTIGA JHENNIE T
3C2
Thank you for the knowledge atty we learned that in preliminary investigation, it is the main components of the preliminary investigation it is an inquiry to determine a sufficient ground to engender a well founded belief that a crime is committed and the respondent is guilty. it is not a formal trial court, conducted not by the courts of law but the department of justice or the office of the prosecutor.
3C3
Done watching sir nuevo po from 3c4 thankyou po for the lecture!
PART 5
PRELIMINARY INVESTIGATION RULE 112
NATURE OF RIGHT.
- it is an inquisition to determine whether or not there is a sufficient reason to engender a well-founded belief that a crime has been committed and the respondent is probably guilty.
-it is inquisitorial as opposed to antagonistic when you reach the court, there are two opposing parties the prosecution, and the defense.
-a preliminary investigation is not a trial on merits, it means the technical rules on evidence will not apply.
PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED.
- if the penalty imposable for the crime charged is at least 4 years 2 months and 1 day then a preliminary investigation is required.
EXCEPTIONS
-a complain of information is filed directly in court
-if the accused had been lawfully arrested without the benefit of a warrant of arrest "inflagrante delicto arrest"
DUTY OF THE INVESTIGATING OFFICER
-it the prosecutor finds no ground to conduct a preliminary investigation then he will dismiss outright the complaint
- if there is a ground to continue for the investigation then the prosecutor will issue the subpoena and allow the respondent to file his or her counter-affidavit
Thank you Sir.
In this video I learned that Preliminary Investigation is an investigation that is taking place to determine whether or not there is sufficient evidence to support a well-founded belief that a crime has been committed and that the respondent is most likely guilty of it and should be held for trial. It is not a formal court trial. This is conducted by the Department of Justice (DOJ) through the National Prosecution Service instead of a court of law. It determines whether there is sufficient evidence that a crime was committed and the respondent charged is most likely guilty of it.
Some crimes do not require a preliminary investigation. As a general rule, a penalty impossible is at least four years, two months, and one day, after which a preliminary investigation is required.
When it comes to the documents containing the complainant, the complainant should attach his affidavit, his inadequacy, and any other relevant documents that would develop probable cause.
Within 10 days of filing the complaint, the investigating officer, who is the investigating prosecutor, has two options. First is to dismiss the complaint outright if he finds no grounds to conduct the investigation, and the second is to issue a subpoena if he finds the need to continue with the investigation.
When it comes to the filing of a motion to dismiss during the preliminary investigation, as a general rule, a motion to dismiss is not an established pleading. The exception is when it contains countervailing evidence or defenses, as well as evidence that rebut or invalidates the charge, in which case it is considered as a counter affidavit.
The purposes of the preliminary investigation is (a) to determine whether the crime was committed comma, (b) to protect the accused from innocence, expense, and burden of defending himself in a formal trial, (c) to protect the innocent from hasty, malicious, and oppressive prosecution, (d) to protect the State from having to conduct a useless and expensive trial, and (e) to determine the amount of bail, if the offense is bailable.
ARBISO, ARVIE D.
3C4
Done watching po atty.
COSICO, ANGELICA M. 3C1
I had learned that the Duty if the Investigator is (1) dismiss (2) issue of subpoena. The complaint can file by a complaint affidavity and the respondent file the counter affidavit. In preliminary investigation a motion to dismmis is not an accepted pleading as a rule it is not allowed the filing of motion to dismiss. Clarificatory hearing not mandatory a hearing may be set by the investigating officer only. the parties do not have the right to examine or cross examination each other because it is not trial on merits.thats was one of what i had learned. Thank you
Good day atty thank you for this video lecture I've learned in this lesson the Preliminary Investigation RULE 112
NATURE OF RIGHTS
- There is an investigation underway to see if there is enough evidence to support a well-founded conviction that a crime has been committed and that the respondent is most likely guilty and should be held pending trial. It is not a structured court proceeding. This is handled by the Department of Justice's National Prosecution Service, not by a court of law. It is a choice that must be made.
- Preliminary Investigation is not a formal trial in court.
PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED
-Not every crime or offense necessitates a pre-investigation. Some offences do not necessitate the conduct of a preliminary investigation. When a penalty of at least 4 years, 2 months, and 1 day is imposed, a preliminary investigation is required, But when a penalty is exact 4 years 2 months is imposed the complaint and Information may Directly file in court.
DOCUMENTS ACCOMPANYING THE COMPLAINT
- there are needs first is complaint must attached the affidavit of the complainant, second is affidavits of his witness and third is other supporting documents that would establish probable cause.
DUTY OF INVESTIGATING OFFICER
- Within 10 days of filing the complaint, the investigating officer has two options: (1) outright dismissal if he sees no need to continue the investigation, or (2) issue a subpoena if he finds the need to continue the investigation.(Sec3 parb of rule 112)
FILING MOTION TO DISMISS DURING PRELIMINARY INVESTIGATION
-in Preliminary Investigation a motion to dismiss os not accept pleading, for alleges the innocent to respond without rebutting the evidence of the compliant as the exception when it contains coutervailing evidence which rebuts the charges it will he treated as a counter affidavits.
CLARIFICATORY HEARIBG NOT MANDATORY
- When there are facts and issues to be classified either from party or witness, it shall be conducted within 10 days from the submission of counter affidavits and other document filed by the respondent.
note that parties do kot have right to cross examine each other or witness and in Sec 3 par e of rule 112 if they have a question to ask they need to submit the question to the Investigation officer shall ask.
PURPOSES OF PRELIMINARY INVESTIGATION
-(1) To decide if a crime has been committed; (2) to protect the accused from the inconvenience, expense, and responsibility of defending himself in a formal trial; (3) to protect the innocent from hasty, malicious, and coercive prosecution; (4) to prevent the State from having to hold an unnecessary and costly trial; and (5) to determine the amount of bail, if the offense is bailable.
WAIVER OF THE RIGHT TO PRELIMINARY INVESTIGATION
-it shall deemed waived by express waiver or by silence, failure to invoke it during arraignment, consenting to be arranged and entering a plea of not guilty wothout invoking the right to preliminary.
PERSON AUTHORIZED TO CONDUCT INVESTIGATION
-first is provincial or city prosecutor and Thier assistant second national and regional state prosecutor and other officers as may be authorized by law.
COURT INTERFERENCE IN THE CONDUCT OF PRELIMINARY INVESTIGATION
-the court cannot interfere in the conduct of preliminary Investigation leaving the Investigatory officers sufficient to determine probable cause and exception when treats of the officer are without in excess of authority resulting from a grave abuse of direction.
Thank you atty, Godbless po
Good Day, Attorney! In this VRL that you have uploaded, I learned a lot in terms of preliminary Investigation. That a person who committed a crime with an imposable penalty of either exact or more than 4years 2 months and 1 day, will undergo a preliminary investigation. on the other hand, if a person who committed a crime has an imposable penalty of 4 years and 2 months can file their case directly to the court even without the recommendation of the prosecution likewise those who have been arrested without the virtue of a warrant arrest. There are 3 instances that a person can be arrested without the virtue of a warrant arrest; a. when you saw a person is committing a crime, about to commit a crime, or had been committed a crime, b. an escapee from prison and lastly, c. personal knowledge.
Attorney, good day! In terms of preliminary investigation, I learned a lot from this VRL that you uploaded. A preliminary investigation will be conducted on someone who commits a crime with a maximum sentence of four years, two months, and one day. On the other hand, if an individual is charged with a crime that carries a maximum sentence of 4 years and 2 months, they can file their case directly with the court.
Thank you sir! For expanding pur knowledge or idea about preliminary investigation.
Preliminary Investigation Rule 112
NATURE OF RIGHT
- the preliminary is an inquiry in determination for suffecient ground of the respondent, if he or she is probably guilty thereof (sec. 1, rule 112).
- It is an inquisitorial ( determining the persons who may be reasonably charged with a crime).
- It is not a trial (Herrera, 2007)
Note: it is not a formal trial, it is not conducted in the court of law.
Probably - qualifies wheter the respondents are guilty of the crime charged.
The quatum of evidence necessary is very law
Standard of evidence.
- Preliminary investigation is a prelod for a formal trial in a court of law.
-In court the nature of the proceeding is adversarial.
- it is not a fromal trial on merits.
PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED:
-not all offenses, crimes, or felonies required preliminary investigation.
-if the penalty is imprisonment of atleast 4 years, 2 months and 1 day, it required preliminary investigation.
EXEMPTION TO THE GENERAL RULE:
1.) Complaint or information is filed directly in court (Ibid).
2.) lawfully arrest without warrant (inflagrante de licto)(Sec. 6, Rule 112).
-the investigating officer has a duty, it stated the following;
Within 10 days from the termination of investigation, shall determine whether or not there is sufficient ground to hold the respondents for trial.
- If the officer finds cause to hold respondents to trial, he shall prepare the resolution and information
- Otherwise recommend for the dismissal of the complaint
GENERAL RULE:
A motion to dissmiss is not an accepted pleading. Except if it contains countervailing evidences which rebuts the charges; then it will be treated as counter affidavit.
PURPOSE OF PRELIMINARY INVESTIGATION
1. To determine if the crime has been committed
2. To protect the accused from inconvenience, expense and burden of defending himself in a formal trial
3. To secure the innocent against hasty, malicious and oppressive prosecution
4. To protect the State from having to conduct useless and expensive trial and
5. To determine the amount of bail, if the offense is bailable.
WAIVER of the RIGHT to PRELIMINARY INVESTIGATION:
1. Express wavier or by silence ( Herrera, 2007).
2. Failure to invoke it during arraignment
3. Consenting to be arraingned and entering a plea of guilty without invoking the right to preliminary investigation.
Note: the wavier, wether express or emplied, must be in a clear and unequivocal manner (Herrera, 2007).
CALAGO, RESSA A. (3C1)
Good day po Sir! Dela Cruz, Marie-An B. from 3C3. This is the topics that I learned from the discussion:
PRELIMINARY INVESTIGATION RULE 112
Nature of Right It is an, inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Secs 1, Rule 112)
. • It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime.
• It is not a trial of the case on the merits (Herrera, 2007)
Period when preliminary investigation is required to be conducted
General Rule:
Before the filing of a complaint or information for an offense where the penalty prescribed by taw is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine (Sec. 1, Rule 112)
Period when preliminary investigation Is required to be conducted
Exceptions:
Where an information or complaint is filed pursuant to Sec 7, Rule 112, i.e. the complaint or information is filed directly in court (Ibid.);
For cases requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule 112 (Ser. 6. Rule 112).
Documents Accompanying the Complaint
The affidavits of the complainant
The affidavits of his witnesses; and
Other supporting documents that would establish probable cause Duty of the Investigating Officer
From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take:
To dismiss the complaint if he finds no ground to conduct the investigation; or
To issue a subpoena in case he finds the need to continue with the investigation, in which c--se the subpoena shall be accompanied with the complaint and its supporting affidavits and documents (Sec 3(b), Rule 112).
Done Watching sir OBRADOR JUVY 3C4
Thank you sir for another video recorded lecture. It will surely help us a lot❤️. These are the things I've learned the first thing is about the nature of preliminary investigation under the Rule 112. (a) it is an inquiry or proceeding to determine whether there is sufficient ground to engender a well founded belief a crime has been committed and the respondent is probably guilty. (b) it is merely inquisitorial and a means of determining the person's who may be reasonably charge with a crime (c) it is not a trial of the case on the merits. In preliminary investigation the quantum of evidence is very low the only question as a matter of fact is whether the accused is probably committed the offense. In addition it is a prelude for a formal trial in a court of law.
Period when the preliminary investigation required to be conducted, I also learned that not all offenses, not all crimes not all felonies requires a preliminary investigation. As a General rule "Before the filling of a complaint or information for an offense where the penalty prescribed by law is imprisonment of atleast 4 years, 2 month and 1 day without regard to the imposable fine"
-if the penalty imprisonment imposable for the offense charge is atleast 4 years, 2 months and 1 day without regard to the imposable fine then a preliminary investigation must required.
However there is also an exceptions to the general rule (1) where an information or complaint is filed pursuant to Sec 7 Rule 112 the complaint or information is filed directly in court. (2) for cases requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule 112
Thank you po❤️
Mendoza ,Francis M.
3C3
Thank you sir sa lecture .
I lerned that the Preliminary investigation is not a formal trial in court . Because the nature of this investigation is to determine the sufficient evidence in crime committed and charged the respondent as guilty.
In the General rule of preliminary investigation the penalty imposable at least 4 years , 2months, and 1 day is preliminary investigation require .
John Erico A. Bautista 3C4
Thankyou sir. In this lesson here are the summary of what I've learned:
The nature of the right of a preliminary investigation it is inquisition of proceedings of determination that inquiry is being determine whether or not there is a sufficient reason well found belief of crime has been committed and the respondent is guilty and probably is use if the respondent is not yet guilty of the charge crime.
According to rule 112 section 1 guilty is qualify the word probably which is only a probable not means the respondent is guilty to the crime charge committed and the quantum of evidence in preliminary evidence is very low.
Purpose of Preliminary Investigation
1. To determine if the crime has been committed
2. To protect the accused from inconvenience, expense and burden of defending himself in a formal trial
3. To secure the innocent against hasty, malicious and oppressive prosecution
4. To protect the State from having to conduct useless and expensive trial and
5. To determine the amount of bail, if the offense is bailable
good day atty. Done watching thank you for information. Orense, Gio R.- 3c1 based on the video lecture the purpose of preliminary Investigation is to determine if the crime has been committed with a probable cause, to protect the accused from inconvenience expense and burdens, to secure the innocent against hasty, malicious and oppressive prosecution, to protect the state from having to conduct a useless and expensive trial, and lastly to determine the amount of bail. But even this preliminary Investigation is absence it will not affect the motion to quash, affects the court's Jurisdiction, impair the validity of the information, and release of the respondents or nullify the warrant of arrest. A preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. And the person authorized to conduct investigation first is provincial or city prosecutor and their assistant second national and regional state prosecutor and other officers as may be authorized by law.
SUAYAN, NIKKI B.
3C2
Thank You Sir for the lesson. Summary of what I've learned:
NATURE OF RIGHT
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.
-there is an inquisition or proceeding of determination, that inquiry is to determine whether or not there is a sufficient reason to engender well-funded belief that crime has been committed and the respondent is probably guilty thereof and should be held for trial.
CAPONPON, ELLIEN H.
3C3
Thankyou sir! In this video lecture I've learned that:
Preliminary Investigation is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and that respondent is probably guilty of a crime.-Is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and that respondent is probably guilty of a crime.-Is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and that respondent is probably guilty of a crime.
The Main Components of Preliminary Investigation is determine whether is a sufficient reason to engender a well-funded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held in for trial. Probably is used to determine whether the respondent is guilty of the crime charge or not. Quantum of Evidence is used to determine whether the respondent is guilty of the crime charge or not.
There are two opposing parties the Prosecution and Defense. Inquisitorial its purpose in the preliminary investigation is to determine sufficiency of evidence for the purpose of filing an information in court.
Resolution vs. Information Resolution
Conclusion or findings of investigating prosecutor.
There are narration of facts such as allegations of complainant and or the defenses of the respondents.
The investigating prosecutor will calibrate the evidence, soundness of the arguments, and the logic of consistency factual and legal
BIANZON, EDMON M
3C2
In this video lecture I've learned that the preliminary Investigation is an inquiry to determine whether or not there is sufficient evidence to support a well-founded belief that a crime has been committed and that the respondent is most likely guilty of it and should be held for trial.This is conducted not by the courts of law but by the Department of Justice through National Prosecution Service. NOTE: If the penalty imposable for the crime charge is at least 4 years, 2 months and 1 day then preliminary investigation is required.
Purpose of preliminary investigation:
(1)Determine of crime has been committed(2.) Preliminary investigation will protect the accused from inconvenience, expense and burden of trial.(3.) To secure innocent.(4.) Protect state.(5.) Determine amount of bail if bailable.
Thank you sir
ENDONILLA, AVEGEL U.
3C1
Thank you Sir for this video lecture.
A preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed. The investigator has 10 days within which to decide on the following options such as to dismiss the complaint if he finds no ground to conduct the investigation and issue a subpoena in case he finds the need to continue with the investigation. The investigating prosecutor has to determine if the crime has been committed. It is not a pronouncement of guilt. The respondent must submit a counter-affidavit; examine the evidence submitted by the complaint at his own expense; and be present during the clarificatory hearing. The absence of a prelimenary investigation does not become a ground for a motion to quash the complaint or information.
GOOD DAY SIR!
I've learned in this lesson the Preliminary Investigation RULE 112
NATURE OF RIGHTS is an inquiry is undertaken to determine whether there is sufficient evidence to sustain a well-founded belief that a crime has been committed and that the respondent is most likely guilty and should be held until trial. It isn't a well-structured court case. This is handled by the National Prosecution Service of the Department of Justice, not a court of law. It's a decision that needs to be made. A preliminary investigation is not the same as a real court trial. DUTY OF INVESTIGATING OFFICER Within 10 days of filing the complaint, the investigating officer has two options: (1) outright dismissal if he sees no need to continue the investigation, or (2) issue a subpoena if he finds the need to continue the investigation.(Sec3 parb of rule 112) FILING MOTION TO DISMISS DURING PRELIMINARY INVESTIGATION in Preliminary Investigation a motion to dismiss os not accept pleading, for alleges the innocent to respond without rebutting the evidence of the compliant as the exception when it contains coutervailing evidence which rebuts the charges it will he treated as a counter affidavits. CLARIFICATORY HEARIBG NOT MANDATORY When there are facts and issues to be classified either from party or witness, it shall be conducted within 10 days from the submission of counter affidavits and other document filed by the respondent.
note that parties do kot have right to cross examine each other or witness and in Sec 3 par e of rule 112 if they have a question to ask they need to submit the question to the Investigation officer shall ask.
SAMSAMAN, PAULINE MAE O.
3C3 BS CRIMINOLOGY
Thank you sir.
Carlos, Jayson P.
3c3
In this video lecture I learned that Preliminary investigation is to determine whether is sufficient evidence that a crime was committed and the respondent charge is probably guilty thereof preliminary investigation is not a formal trial in court as a matter of fact when you say a preliminary investigation this is not conducted not by the court of law but by the Department of Justice the national prosecutor service be it office of provincial prosecutor or the office city prosecutor.
Nature of Right is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime, not a trial of the case on the merits and the nature of proceedings is adversarial for the prosecutor and for the accused.
Require preliminary investigation as a general rule Before the filing of a complaint or information for an offense where the penalty prescribed by taw is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine.
Exception where an information or complaint is filed pursuant to See 7, Rule 112, i.e. the complaint or information is filed directly in court, For cases requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule 112 (Ser. 6. Rule 112).
Documents Accompanying the Complaint the affidavits of the complainant. The affidavits of his witnesses; and Other supporting documents that would establish probable cause.
Duty of the Investigating Officer
From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to takeTo dismiss the complaint if he finds no ground to conduct the investigation; or To issue a subpoena in case he finds the need to continue with the investigation, in which c-se the subpoena shall be accompanied with the complaint and its supporting affidavits and documents (Sec 3(b), Rule 112).
Clarificatory Hearing NOT mandatory
A hearing may be set by the investigating officer only when there are facts and issues to be clarified either from a party or a witness, which shall be conducted within ten days from the submission of the counter-affidavit, other affidavits and documents filed by the respondent.
Purposes Of Preliminary Investigation
For the investigating prosecutor to determine if the crime has been committed. To protect the accused from inconvenience, expense and burden of defending himself in a formal trial unless probability of his guilt is first ascertained by a competent officer, To secure the innocent against hasty, malicious, and oppressive prosecution and to protect him from an open and public accusation of a crime and anxiety of a public trial; To protect the State from having to conduct useless and expensive trial, and To determine the amount of bail, if the offense is bailable
Rights of the respondent in a preliminary investigation
1. Submit a counter affidavit;
2. Examine the evidence submitted by the complainant at
his own expense;.
3. Be present during the clarificatory hearing
WHO MAY CONDUCT DETERMINATION OF EXISTENCE OF PROBABLE CAUSE
Persons authorized to conduct investigation
1. Provincial or city prosecutors and their assistant
2. National and Regional State Prosecutors; and
3. Other officers as may be authorized by law (e.g Ombudsman authorized officer deputized by COMELEC for election offenses)
I’ve learned plenty of knowledge on how preliminary
investigation was deliver and conduct. So, preliminary in a proceeding give
evidence merits to determine if there is a sufficient ground to bring about a well-founded
belief. Also, the preliminary investigation has an exception which are given to
the offended party who is caught by the way of warrantless arrest.
Good day Sir! I am De Ocampo, Sara Angeluz T. from BS-Criminology 3C2. This is the knowledge that I learned from the previous discussion
PRELIMINARY INVESTIGATION RULE 112
Nature of Right It is an, inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Secs 1, Rule 112)
. • It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime.
• It is not a trial of the case on the merits (Herrera, 2007)
Good Day Atty
In this video lecture I’ve learned about the PRELIMINARY INVESTIGATION RULE 112.
-The main components of preliminary investigation, first it is an inquiry, it is to determine whether or not there is a sufficient reason to endanger a well-founded belief that a crime has been committed and second the respondent charge is probably guilty thereof, and should be held for trial.
NOTE: preliminary investigation is not a formal trial in court, as a matter of fact when you say preliminary investigation this is conducted not by the court of law but by the department of justice through the National prosecution service be it office of the provincial prosecutor or the office of the City prosecutor.
PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED
-Not all offenses, crimes and felonies require a preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation.
NOTE: If the penalty imposable for the crime charge is at least 4 years, 2 months and 1 day then preliminary investigation is required then file the complaint in the prosecutor however, if the penalty is 4 years and 2 moths below then it does not require preliminary investigation and it can be filed in court directly.
EXEMPTION:
-When an information or complaint is filed directly in court.
-That a person is lawfully arrested without a warrant provided that inquest was made in accordance with rule 112.
Note: If the person arrested without the warrant of arrest inquest proceeding will be applied.
Purpose of Preliminary Investigation
1. To determine if the crime has been committed
2 .To protect the accused from inconvenience, expense, and burden of defending himself in a formal trial
3 .To secure the innocent against hasty, malicious, and oppressive prosecution
4 .To protect the State from having to conduct a useless and expensive trial
5. To determine the amount of bail if the offense is available.
Done watching sir! AVERION, DIANNE D. 3C4
In this video recorded lecture, I've learned the
Preliminary Investigation is an inquiry or proceedings to determine whether if there is sufficient ground to a well founded belief that a crime is committed and the respondent is guilty and should be held on trial. The inquiry is a inquisition determine sufficient reason and belief that the crime committed. Preliminary Investigation is not a formal trial in court. It is conducted not by the courts of the law but by the Department of Justice.
The Probably which qualifies the respondent is guilty of the crime charge. The rules of the court use the word probably because when a resolution is issued by the prosecutors office finding the probable cause that means that the person is not guilty of the crime charge.
Under rule 112 section 1 the word guilty is qualified by the word probably which means it is only a probable cause. In Preliminary Investigation the quantum of evidence is very low.
In court the nature of proceedings is adversarial there are adversaries for the prosecution and for the accused. In preliminary investigation the nature is merely Inquisitorial it is not adversarial.
Inquisitorial determine sufficiency of evidence for the purpose of filing an information, It is not a trial in a case on merits. Not all offenses not all crimes, felonies require preliminary investigation there are some crimes do not require preliminary investigation. If the penalty impossable for the offense charge is atleast 4 years 2 months and 1 day the preliminary investigation is required.
The Duty if the Investigator is (1) dismiss (2) issue of subpoena. The complaint can file by a complaint affidavity and the respondent file the counter affidavit. In preliminary investigation a motion to dismmis is not an accepted pleading as a rule it is not allowed the filing of motion to dismiss. Clarificatory hearing not mandatory a hearing may be set by the investigating officer only. the parties do not have the right to examine or cross examination each other because it is not trial on merits.
Thankyou sir!
thank you sir . i learned in this video lecture is about preliminary investigation Rule 112 that preliminary investigation is not a formal trial in court but is conducted not by the court but by the Department of Justice through National police and preliminary investigation is determining if there is a sufficient evidence that there is a crime committed and the person is might probably committed of crime charge. the nature of the right of a preliminary investigation it is inquisition of proceedings of determination that inquiry is being determine whether or not there is a sufficient reason well found belief of crime has been committed and the respondent is guilty and probably is use if the respondent is not yet guilty of the charge crime, according to rule 112 section 1 guilty is qualify the word probably which is only a probable not means the respondent is guilty to the crime charge committed and the quantum of evidence in preliminary evidence is very low. in addition the nature of preliminary investigation it is a merely inquisitorial and means determining the person who may reasonably charge with a crime and it is not a adversarial.
the period when preliminary investigation is required to be conducted if the penalty is prescribed by the law is imprisonment at least 4 years, 2 months and 1 day without a impossible fine however not all crime, offenses and felony is required a preliminary investigation and less than 4 years, 2 months and 1 day is not being required to conduct a preliminary investigation. hence, that preliminary investigation is not required in the exception if the complaint or information can be filed directly in court. without arrest warrant is not required a preliminary investigation but a inquest and arrest without warrant in flagrante delicto is person arrest caught in the act and police officer cannot detained a person within 18hrs if the penalty is imposable of correctional penalty next is 12 hrs it the penalty is light penalty and last is 36hrs if it is a punishable by capital punishment.
the complaint should be accompany by affidavit of complaint, affidavit of witness and supporting document that will establish a probable cause and filling of complaint the prosecutor has a option within 10days whether it is going to dismiss if did not filed a ground in investigation or issue a subpoena and motion to dismissal is not allowed during preliminary investigation. the subpoena is being issue and the respondent file a counter affidavit within 10 days the investigating prosecutor will determine whether or not sufficient ground to hold respondent to trial and the distinction between resolution and information, resolution it is a conclusion or findings , narration of facts while information it is a “demanda” contain act or omission constituting of elements of crime it is being filed in court.
The purpose of preliminary investigation first is to determine if the crime has been committed, protect the accuse from inconvenience and protect the state from the use less trial and determining the amount of bail and you cannot post bail if the offense is punishable of reclusion perpetua but even if the offense is reclusion perpetua if the evidence is not strong you can still post bail and you will know the amount of bail in the back of resolution and the preliminary investigation is deemed waived by the express waive or silence
in addition probable cause in preliminary investigation it is a facts and circumstances would excite belief in reasonable mind and the authorize to conduct investigation is a provincial, national and regional state prosecutor and other authorized offices.
CORONADO-3C4
Good day sir, In this video lecture I have learned the following:
PART 5
PRELIMINARY INVESTIGATION RULE 112
NATURE OF RIGHT.
- it is an inquisition to determine whether or not there is a sufficient reason to engender a well-founded belief that a crime has been committed and the respondent is probably guilty.
-it is inquisitorial as opposed to antagonistic when you reach the court, there are two opposing parties the prosecution, and the defense.
-a preliminary investigation is not a trial on merits, it means the technical rules on evidence will not apply.
PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED.
- if the penalty imposable for the crime charged is at least 4 years 2 months and 1 day then a preliminary investigation is required.
EXCEPTIONS
-a complain of information is filed directly in court
-if the accused had been lawfully arrested without the benefit of a warrant of arrest "inflagrante delicto arrest"
DUTY OF THE INVESTIGATING OFFICER
-it the prosecutor finds no ground to conduct a preliminary investigation then he will dismiss outright the complaint
- if there is a ground to continue for the investigation then the prosecutor will issue the subpoena and allow the respondent to file his or her counter-affidavit.
PURPOSES OF PRELIMINARY INVESTIGATION
-determine if there is a crime committed
- preliminary investigation will protect the accused from inconvenience, expense, and burden of a public trial
-Protecting the innocent against hasty, malicious, and oppressive prosecution.
-Protect the state to conduct useless and expensive trials.
-Determine the amount of bail.
WAIVER OF THE RIGHT TO PRELIMINARY INVESTIGATION
-Express waiver by silence
-Failure to invoke it during arraignment
-It must be in a clear and unequivocal manner
ABSENCE OF A PRELIMINARY INVESTIGATION
- Does not become a ground for a motion to quasi
-Does not affect the court's jurisdiction
-Does not impair the validity of the information
-And justify the release of the respondent or nullify the warrant of arrest.
RIGHTS OF THE RESPONDENT IN A PRELIMINARY INVESTIGATION
-Can submit a counter affidavit
-Can examine the evidence embedded by the complainant at his own expense
-And being present during the clarificatory hearing
PROBABLE CAUSE IN PRELIMINARY INVESTIGATION
- it is the existence of such facts and circumstances as would excite belief in a reasonable mind.
LATAG, EROL JAY D.
3C2-BS CRIMINOLOGY
Thank you sir. For this lesson I learned the following:
Nature of Right
·It is an, inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Secs 1, Rule 112).
·It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime.
From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take:
1.To dismiss the complaint if he finds no ground to conduct the investigation or
2. To issue a subpoena in case he finds the need to continue with the investigation, in which c-
Clarificatory Hearing NOT mandatory
·A hearing may be set by the investigating officer only when there are facts and issues to be clarified either from a party or a witness, which shall be conducted within ten days from the submission of the counter-affidavit, other affidavits and documents filed by the respondent.
Duty of the prosecutor after the termination of
Investigation
·Within 10 days from the termination of the investigation, the investigating prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial (Sec.3(f),Rule 112).
Absence of a preliminary investigation does NOT:
1. Become a ground for a motion to quash the complaint or information as it does not impair the validity of the information or affect the jurisdiction of the trial court (Sec. 3, Rule 117;People v.Buluran,G.R.No.113940,February 15,2000);
2.Affect the court's jurisdiction but merely the regularity of the proceedings (People v. De Asis,G.R.No.105581,December Z 1993);
3. Impair the validity of the information or render it defective and
4.Justify the release of the respondent or nullify the warrant of arrest against him
Rights of the respondent in a preliminary
investigation
1.Submit a counter affidavit;
2. Examine the evidence submitted by the complainant at his own expense;
3.Be present during the clarificatory hearing
Probable cause in preliminary investigation
It is the existence of such facts and circumstances as would excite belief in a reasonable mind, acting on the acts within the knowledge of the prosecutor, that the person charged was prosecuted. It is not a pronouncement of guilt.
Persons authorized to conduct investigation
1. Provincial or city prosecutors and their assistant
2.National and Regional State Prosecutors
3. Other officers as may be authorized by law (e.g. Ombudsman authorized officer deputized by COMELEC for election offenses)
PRIOL, DARWIN J.
3C2
Good Day Sir. Thank you for video lecture. And this is the summary that I've learned from this topic.
Preliminary investigation is not a formal trial in court. It is a determination whether there is sufficient evidence that a crime is committed and the respondent charged is probably guilty thereof. Not all crimes or offenses require preliminary investigation. As a general rule a penalty imposable is at least 4 years, 2 months and 1 day then preliminary investigation is required. The investigating officer has two option (1) outright dismissal, if he finds no ground to conduct the investigation (2) issue a subpoena in case he finds the need to continue with the investigation. The exception is when it contains countervailing evidence or defenses and evidence which rebuts or repudiated the charges, in which case it will be treated as counter affidavit. And the investigation must continue.
FAJANILAN, KRISTEL ANNE C.
3C1
Thank you Sir for the lesson. This is the summary of what I've learned:
Preliminary Investigation Rule 112
Nature of Right - Preliminary Investigation investigation is an inquiry to determine whether there is sufficient reason to engender a well-founded belief that a crime has been committed and that the respondent is probably thereof and shod be held for trial. It is not a formal trial in court. This is conducted not by the courts of law but by the Department of Justice through National Prosecution Service be it Office of the Provincial Prosecutor or the Office of the City Prosecutor as the case may be.
The word probably which qualifies whether the respondent is guilty of the crime charge. The rules of Court uses the probably because when a resolution is issued by the Prosecutors Office finding probable cause that means the respondent is not yet guilty of the crime charged.
During the preliminary investigation, the quantum of evidence or the weight of evidence necessary for the prosecutor to find probable cause is only a very low standard. Only question to determine during preliminary investigation is whether the accused might have probably committed the crime or not. In preliminary, it is merely inquisitorial, it is not adversarial. The technical rules on evidence will not apply in a preliminary investigation.
Period when preliminary investigation is required to be conducted
Not all offenses, not all crimes, not all felonies require preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation. As a general rule, if the penalty impossable for the crime charge is atleast 4 years, 2 months and 1 day then preliminary investigation is required. As exceptions (1) a complaint or information is filed directly in Court. Can no longer file affidavir before the prosecutors office (2) if the accused have lawfuly arrested without the benefit of a warrant of arrest (Inflagrante delicto arrest)
Offenses which are punishable by imprisonment of less than the treshold period (4 years, 2 months and 1 day) then it does not require preliminary investigation
The documents accompanying the complaint shall attach the affidavits of the complain, the affidavits of his witness and ofther supporting documents that would establish probable cause.
Duty of the Investigating Officer
Within 10 days the investigating officer has two option whether to dismiss outright. If the investigating prosecutor finds no ground to conduct preliminary investigation, then he will dismiss outright your complaint or to issue subpoena in case he finds the need to continue with the investigation
Filling of Motion to dismiss during preliminary investigation
As a general rule, a motion to dismiss is not an accepted pleading. However as exceptions, countervailing evidence or defenses and evidence which rebuts or repudiates the charges in which case it will ve treated as a counter affidavit.
In preliminary investigation there is no cross examination
Duty of the Prosecutor after the termination of investigation
Within 10 days, the prosecutor should determing whether or not there is sufficient ground to hold the respondent for trial. Afterwards, if the investigating offucer find cause to hold the respondent for trial, shall prepare resolution and information. Resolution, conclusion/findings by investigating prosecutor while information contain the acts or omission complaint of constituting the crime. Otherwise, recommend the dismiss of the complaint.
Purpose of Preliminary Investigation
To determine if the crime has been committed. To protect the accused from inconvenience, expense and burden of defending himself in a formal trial. To secure the innocent against hasty, malicious annd oppressive prosecution. To protect the state from having to conduct useless and expensive trial and to determine the amount of bail, if the offenses is bailable
If the offense is impossable by Reclusion Perpetua or death and the evidencw of guilt is strong, you cannot post bail. You can only post bail if the offense is not punishable by reclusion perpetua or death but if the offense is punishable by reclusion perpetua or death and the evidence of guilt is not strong you can post bail.
Thank you sir. For the Video Record Lecture.
-The components of preliminary investigation is an inquiry, it is to determine whether or not there is a sufficient reason to endanger a well-founded belief that a crime has been committed and second the respondent charge is probably guilty thereof, and should be held for trial.
*preliminary investigation is not a formal trial in court.
*preliminary investigation this is conducted not by the court of law but by the department of justice.
*the word probably which qualifies whether the respondent is guilty of the crime charge.
*probable means that the respondent is not yet guilty of the crime charge.
NATURE IN PRELIMINARY INVESTIGATION
-it is a merely inquisitorial and a means of determining the persons who may be reasonably charge with a crime.
WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED
-Not all offenses, crimes and felonies require a preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation.
NOTE: If the penalty imposable for the crime charge is at least 4 years, 2 months and 1 day then preliminary investigation is required.
EXEMPTION:
-When an information or complaint is filed directly in court.
-That a person is lawfully arrested without a warrant provided that inquest was made in accordance with rule 112.
DUTY OF THE INVESTIGATING OFFICER
-the investigating officer/prosecutor has 10 days within which to decide on which of the following option take such as to dismiss the complaint.
CLARIFICATORY HEARING NOT MANDATORY
-a hearing may set by the investigating officer only when there are facts and issues to be clarified either from a party or a witness and shall be conducted within 10 days from the submission.
DUTY OF THE PROSECUTOR AFTER THE TERMINATION OF INVESTIGATION
-within 10 days the prosecutor shall determine whether or not there is a sufficient ground to hold respondents for trial.
PURPOSES OF PRELIMINARY INVESTIGATION
-for the investigating prosecutor to determine if the crime has been committed, to protect the accused from inconvenience, expenses and burden of defensing himself in a formal trial., to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation, to protect the state from having to conduct useless and expensive trial and last is to determine the maount of bail, if the offense is bailable.
RIGHT OF THE RESPODENT IN A PRELIMINARY INVESTIGATION
-submit a counter affidavit, examine the evidence submitted by the complainant at his ownexpense and be present during the clarificatory hearing.
ABSENCE OF A PRELIMINARY INVESTIGATION
-the absence of the preliminary investigation does not become a ground for the motion to quash the complaint or information.
PROBABLE CAUSE IN PRELIMINARY INVESTIGATION
-Probable cause in the preliminary investigation is defined as the existence of such facts.
EXTENT OF AUTHORITY OF THE OMBUDSMAN IN THE CONDUCT OF PRELIMINARY INVESTIGTAION
-it has the primary authority to investigate and exclusive authority to file and prosecute Sandiganbayan cases. Also it has the authority to take over at any stage, from any investigatory agency of the government.
PARTY TO CONDUCT PRELIMINARY INVESTIGATION IN ELECTION CASES
-the commission of election who is vested the power to conduct preliminary investigation. However, comelec can deputize other prosecuting arms of government to conduct preliminary investigation and prosecute offenses.
COMIA JOHN ANGEL A.
3C4 THANK YOU PO SIR.
VELASQUEZ, FATIMA MAE C.
3-C1
Thank you Sir.
Nature of Right
* it is an inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
* It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime.
* It is not a trial of the case on the merits.
MARVIN V. CABANGON
3C1
PRELIMINARY INVESTIGATION RULE 112
Good Day Atty. Based on this video lecture I knew all about the Preliminary Investigation, it's purpose, and difference amongst the inquest proceeding and trial.
First of all I learned that Preliminary Investigation is only conducted as general rule for those offenses that are more than and at least Four(4) year, two(2) months and one(1) day , amd those less than this will no need to conduct preliminary Investigation. It is merely Inquisitorial rather than Adversarial because it only focuses to the accused and there is no cross examination here. Likewise Preliminary Investigation is accompanied with complaints and information. The purpose of preliminary Investigation is to determine if the crime has been committed with a probable cause, to protect the accused from inconvenience expense and burdens, to secure the innocent against hastly, malicious and oppressive prosecution, to protect the state from having to conduct a useless and expensive trial, and lastly to determine the amount of bail. But even this preliminary Investigation is absence it will not affect the motion to quash, affects the court's Jurisdiction, impair the validity of the information, and release of the respondents or nullify the warrant of arrest. This lecture also state the authority who may be able to conduct preliminary Investigation amd those are the provincial or city prosecutor, national and regional state prosecutor and other officers who may be prescribe by law, but during election the COMELEC will be the one who are responsible in conducting preliminary Investigation but they can deputize any officer in authority. Likewise, The Ombudsman has the primary authority to investigate and exclusive authority to file and prosecute Sandiganbayan cases. Lastly I also learned that when arresting without warrant of arrest which falls under inflagranti delicto the inquest proceeding will be the proceedings instead of preliminary Investigation. And the court cannot interfere in the conduct kf preliminary Investigation as a general rule but the exemption is when the act of the officer is bias and will result to grave abuse of discretion the court will interfere.
Matibag, Jhon Marvin M.
3c3 Bs criminology
Thank you atty for this video lecture this is my summary I've learned
Preliminary Investigation (rule 112)
Nature of right, it is an inquiry or proceeding to determne whether there is sufficient ground to engender a well founded belieg a crime has been committed and the respondent is probability guilt thereof and should be held trial, it is inquistorial and means of determining the persons who may be reasonably charged with a crime, it is not a trial of the case.
Period when filing preliminary investigation is required to be conducted
General Rule,Before complaint or information for an offense when the penalty described by law of imprisonment of atleast 4 years, 2 months and1 day without regard to the imposible fine
Exceptions, complaint or information is filed directly in court, for cases requiring preliminary investigation that a person is lawfully arrested without a warrant
Documents Accompanying the Complaint, the affidavit of the complaint, the affidavits of his witness and other supposing document tha would be establish probable cause
Duty of the Investigating Officer
From the filing of the complaint the investigating officer has 10 days within which to decide on which of the following option to take, to dismiss the complaint if he finds no grounds so conduct the investigation, to issue subpoena in case he finds the needs to continue which the investigation in which the subpoena shall be accompanied with the complaint and its supporting affidavits and documents.
Thank you Sir!
GARING, DOLORES E. 3C4
The following are the summary of what I've learned in your discussion regarding Rule 112 Preliminary Investigation:
The Nature of Right, it's an inquiry. An inquisition or proceeding of determination to determine whether or not there's a sufficient ground or reason to the well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
*the court use the word PROBABLY for it qualifies whether the respondent is not yet guilty of the crime charge, it just a probable cause, that the respondent could be committed the crime and not that he/she is guilty beyond reasonable doubt.
Preliminary investigation is not a formal trial in court, and not conducted in court of law but by the department of justice through the national prosecution service.
-Period when preliminary investigation is required to be conducted
*complaint/information is filed directly in court(you do not have to file complaint affidavit before the prosecutors office) DIRECT FILING
*If the accused has been lawfully arrested without warrant
*Once the person is arrested, the police officer need to submit that letson to the prosecutor for an inquest, if not he will be charge of illegal detention / delay in the delivery of the detained person.
- Documents accompanying the complaint
*affidavits of the complaint ;
*affidavits of his witnesses; and
*other supporting documents that would establish the probable cause
-Duties of the Investigating officer
From the filing of the complaint the investigating officer has ten (10) days which to decide on which of the following option to take:
1. Dismiss the complaint if he finds no grounds to conduct the investigation; or
2. Issue a subpoena, in case he finds the need to continue with the investigation, in which case the subpoena shall be accompanied with the complaint and it's supporting affidavit and documents.
-Filing motion to dismiss during preliminary investigation
*in general rule, motion to dismiss is not acceptable pleading in preliminary investigation
_exception : when it contain countervailing evidence or defenses and evidence which rebuts or repudiates the charges which case it will be treated as a counter affidavit.
-Duty of the prosecutor after the termination of investigation
*within ten(10) days from the termination of the investigation, the investigating prosecutor shall determine whether or not there is sufficient ground to hole the respondents for trial(sec 3(f), rule 112)
* afterwards, if the investigating officer finds cause to hold the respondent for trial, he shall prepare the resolution and information.
•resolution means the conclusion of the findings
•information it contains the act or omission constituting the element of the crime.
*otherwise, if the prosecutor didn't find the ground for trial, he shall recommend the dismissal of the (Sec 4, Rule 112)
Here are the purposes of preliminary investigation : it is to determine if the crime has been committed; to protect the accuse from inconvenience, expense, and burden of defending himself in a formal trial unless probability of his guilt is first ascertained by a competent officer; to insure innocent against the hasty, malicious and oppressive prosecution and to protect him from an open and public accusation of a crime and anxiety of public trial; to protect the State from having to conduct unless and expensive trial; and to determine the amount of bail, if the offense is bailable.
Theres a waiver of the right to preliminary investigation, it can be deemed waive by the express of waiver OR the silence and waive whether expressed OR implied must be in clear and unequivocal manner.
Absence of preliminary investigation is not a ground for motion to quash the complaint or information, impair the validity of information or affect the jurisdiction of the trial court.
-Rights of the respondents in preliminary investigation:
•submit a counter affidavit;
•examine the evidence submitted by the complainant at his own expense;
•be present during the clarificatory hearing.
Who are those persons that authorized to conduct investigation?
These are the:
•provincial or city prosecutor and their assistant
•the national and regional state prosecutor; and
•other officers as may be authorized by law
CENTENO, JOSEPH RYAN ACE G.
3C1-BS CRIMINOLOGY
Criminal procedure Part 5
Done watching po sir thank you po.
In this video lecture I have learned a lot specially on what is priliminary investigation, how it is conducted, why it is conducted, when it is required to be conducted and what is the purposes of preliminary investigation. Preliminary investigation is an inquisition or proceeding to determine the sufficiency of evidence whether the respondent is probably guilty thereof, and should be held for trial. Preliminary investigation is required to be conducted if the penalty or imprisonment is 4 years 2 months and 1 day or above, and if the penalty or imprisonment is 4 years and 2 months or below then preliminary investigation is not required.
I had also learned about what are considered as valid warrantless arrest. And I had also learned how many hours should the person under arrest must be turned over already according to their penalties.
I had also learned about what is the duty of investigating officer or investigating prosecutor. The Investigating prosecutor shall recommend the dismissal of the complaint and the provincial prosecutor/city prosecutor or the approving authority may either approved or disapproved it.
I had also learned about what is clarificatory hearing. It is the clarificatory questioning maybe set by prosecutor/investigating officer only when there are facts and issues to be clarified either from a party or a witness, which shall be conducted within ten days from the submission of the counter - affidavit, other affidavits and documents filed by the respondent. And if they have questions to ask, they shall submit the questions to the investigating officer who shall ask the questions.
I had also learned something about waiver of the right to preliminary investigation, absence of a preliminary investigation, rights of the respondent in a preliminary investigation, who may conduct determination of existence of probable cause, court interference in the conduct of preliminary investigation its General Rule and its Exemption, Party to conduct preliminary investigation in election cases.
ESCONDO, REBECCA C.
3C4
Thank you po sir
Summary of what I've learned about the Preliminary Investigation Rule 112:
✓Nature of Rights
Preliminary Investigation
- there is an inquiry to determine whether or not there is sufficient reason to engender a well founded belief that a crime has been committed and the respondent is probably guilty and should be held for trial.
- is not a formal trial in court and it was conducted by the Department of Justice through National Prosecution Service.
- determines whether there is a sufficient evidence that a crime was committed and the respondent charge is probably guilty.
- the quantum of evidence is very low
- is merely inquisitorial, its purpose is to determine sufficiency of evidence for the purpose of filing an information in court
- technical rules does not apply in preliminary investigation (is not a formal trial on merits)
✓Period when preliminary investigation is required to be conducted
- there are some crimes which do not require the conduct of preliminary investigation, if the penalty is at least 4 years, 2 months and 1 day the it is required. Exceptions: (a.) The complaint and information is filed directly in court (b.) that the person is lawfully arrested without warrant.
- If the imprisonment is less than in 4 years, 2 months and 1 day does not require preliminary investigation.
✓ Documents Accompanying the Complaint
- The affidavits of complainants, affidavits of his witnesses and other supporting documents that would establish probable cause.
✓Duty of Investigating Officer
- within 10 days the investigating officer will decide on which options to take: (a.) To dismiss the complaint if he finds no ground to conduct investigation (b.) To issue a subpoena in case he finds the need to continue with the investigation.
✓ Filing of motion to dismiss during Preliminary Investigation
-motion to dismiss is not an accepted pleading as to general rule, except when contains countervailing evidence or defenses and evidence which rebuts the charges.
✓ Purpose of Preliminary Investigation
- (a.) To determine if the crime has been committed; (b.) To protect the accused from inconvenience, expense and burden of defending himself in formal trial; (c.) To secure the innocent against hasty, malicious and oppressive prosecution; (d.) To protect the State from having to conduct useless and expensive trial and (e.) To determine the amount of bail, if the offense is bailable.
✓ Person authorized to conduct investigation
- (a.) Provincial or City prosecutors and their assistant (b.) National and Regional State Prosecutors and (c.) Other officers as may be authorized by law.
MANTO, KYLA M. 3C2
Thank you sir,
The summary of what I've learned during the video recorded lecture:
PRELIMINARY INVESTIGATION RULE 112
1. It is an inquiry whether or not sufficient reason.
*Preliminary investigation is not formal trial not conducted by the court of law but the DOJ through the National prosecution service.
2. Respondent is probably guilty thereof.
*Probably- when a resolution issue filing probable case is not yet guilty (probable cause).
*The preliminary investigation only whether the accused might have probably committed a crime or not.
*In preliminary investigation quantum of evidence is very low.
*After the conduct of preliminary investigation the trial will proceed in court.
*The nature of preliminary investigation merley inquisitorial (determine sufficiency of evidence and not a trial of a case on merits or not formal trial on merits).
*Court proceeding adversarial.
Period when preliminary investigation is required to be conducted:
-not all crimes required preliminary investigation
Gen rule.
- if penalty imposable at least 4 years, 2months and 1 day then preliminary investigation is required.
Exceptions
1. Imprisonment less than 4 years, 2months and 1 day.
2. Lawfully arrest without benefit of warrant (inflagrante delicto arrest- if the accused caught commiting a crime).
*Illegal detention- turn over already on the prosecutor on duty for inquest.
*delay in delivery of the detained person under Art.125
12 hours- light penalties
18 hours- correctional penalties
36 hours- afflictive penalties
Document accompanying te complaint:
-all evidence that will prove the probable cause then file it in complaint during preliminary investigation.
Duty of investigation officer:
-investigating prosecutor within 10 days have option;
1. Dismiss- out right dismissal finds no ground.
2. Issue a subpoena- the copy of complaint, supporting affidavit and evidence.
Complaint- file complaint affidavit
Respondent- file counter affidavit
Filling of motion to dismiss during preliminary investigation:
Gen rule.
- not allowed filling motion to dismiss.
Exception
-in complaint self admitted countervailing evidence for defense.
Clarificatory hearing not mandatory:
- investigating prosecutor ask to clarify.
- no cross examination in preliminary investigation.
Duty of the prosecutor after the termination of investigation:
-within 10 days determine whether or not there is sufficient ground.
-resolution, resolve the complaint.
Resolution- conclusion, findings of the investigating prosecutor to the nature of facts and evaluate the facts.
Information- contain the act or omission and constitution of the crime.
*Under the prosecutorial system, two incharge during preliminary investigation.
*investigating prosecutor issue subpoena, review the facts and resolve but the provincial or city prosecutor will have approving authority and the investigating prosecutor is for recommendation of dismissal or not.
Purpose of preliminary investigation:
1. Determine of crime has been committed.
2. Preliminary investigation will protect the accused from inconvenience, expense and burden of trial.
3. To secure innocent.
4. Protect state.
5. Determine amount of bail if bailable.
Forteo, Leah M.
3C1
Good day Sir. In this video I've learned all about RULE 112 - PRELIMINARY INVESTIGATION
• NATURE OF RIGHT - an inquisition to determine whether or not there is a sufficient reason to engender a well-founded belief that a crime has been committed and the respondent is probably guilty.
• PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED. If the penalty imposable for the crime charged is at least 4 years 2 months and 1 day then a preliminary investigation is required.
• EXCEPTIONS:
-- A complain of information is filed directly in court.
-- If the accused had been lawfully arrested without the benefit of a warrant of arrest "inflagrante delicto arrest"
• PURPOSES OF PRELIMINARY INVESTIGATION
1. Determine if there is a crime committed.
2. Preliminary investigation will protect the accused from inconvenience, expense, and burden of a public trial
3. Protecting the innocent against hasty, malicious, and oppressive prosecution.
4. Protect the state to conduct useless and expensive trials.
5. Determine the amount of bail.
TUBOG, MARIEL ANNE O.
3C2
I have learned the Preliminary Investigation Rule 112 in this particular lesson such as the main components of it; first it is an inquiry which needs to determine whether or not there is a sufficient reason to endanger a well-founded belief that a crime has been committed and second the respondent charge is probably guilty thereof, and should be held for trial. Thus, we should always keep in mind the important note of preliminary investigation which states that it is not a formal trial in court, as a matter of fact when you say preliminary investigation this is conducted not by the court of law but by the department of justice through the National prosecution service be it office of the provincial prosecutor or the office of the City prosecutor as the case may be
In addition, in the preliminary investigation, the quantum of evidence or the weight of evidence necessary for the prosecutor to find probable cause is only a very law standard of evidence.
I also learned the nature in preliminary investigation wherein it states that it is a merely inquisitorial and a means of determining the persons who may be reasonably charge with a crime. Thus, when we say inquisitorial, the purpose of preliminary investigation is only to determine the sufficiency of evidence for the purpose of filing an information in court and it is not a trial of the case on merits, it means that the technical rules on evidence will not apply or do not apply in the preliminary investigation.
Moreover, this lesson taught me about the period when preliminary investigation is required to be conducted. It states that there are only some offenses, crimes and felonies require preliminary investigation. Thus, if the penalty imposable for the crime charge is at least 4 years, 2 months and 1 day, then the preliminary investigation is required and can file the complaint in the prosecutor, however, if the penalty is 4 years, 2 months and below, then it doesn't require preliminary investigation anymore, but it can be filed in court directly.
These are all the summary of what I have learned in this particular lesson. Thank you, sir!
Delantar,Kyla Mae M.
3C2
I've learned on this lesson about Preliminary Investigation Rule 112 that a preliminary investigation is an inquiry or proceeding to determine wether is a suffiecient ground. The nature of right has a 3 components of prelimanary investigation, it is an inquiry,or proceeding to determine whether there is a sufficient ground to engender a well founded belief a crime has been committed and the respondent is probably guilty thereof,and should be held for trial (Sec. 1,Rule 112),It is merely inquisitorial and a menas of determining the persons who may be reasonably charged with a crime, And last It is not a trial of the case on the merits (Herrera,2007). And also preliminary investigation is not a formal trial in court and also this is not conducted by the court of law but by the department of justice. And also in the preliminary investigation the quantum of evidence is very low. Also i learned that not all of the offenses, crimes, felonies requires a preliminary investigation but there are some crime which do not conduct a preliminary investigation. If the penalty of the imprisonment is imposable of the offense charge atleast 4 years, 2 months and 1 day and it need a preliminary investigation.
Oblena, Clezl Beth R.
3C2
Good Evening sir, I already watched your Video Presentation and this is what I have learned in your lesson.
PRELIMINARY INVESTIGATION RULE 112
Nature of Right It is an, inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Secs 1, Rule 112)
. • It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime.
• It is not a trial of the case on the merits (Herrera, 2007)
Period when preliminary investigation is required to be conducted
General Rule:
Before the filing of a complaint or information for an offense where the penalty prescribed by taw is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine (Sec. 1, Rule 112)
Period when preliminary investigation Is required to be conducted
Exceptions:
Where an information or complaint is filed pursuant to Sec 7, Rule 112, i.e. the complaint or information is filed directly in court (Ibid.);
For cases requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule 112 (Ser. 6. Rule 112).
Documents Accompanying the Complaint
The affidavits of the complainant
The affidavits of his witnesses; and
Other supporting documents that would establish probable cause Duty of the Investigating Officer
From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take:
To dismiss the complaint if he finds no ground to conduct the investigation; or
To issue a subpoena in case he finds the need to continue with the investigation, in which c--se the subpoena shall be accompanied with the complaint and its supporting affidavits and documents (Sec 3(b), Rule 112).
Filing of motion to dismiss during preliminary Investigation
General Rule:
a “In preliminary investigation, a motion to dismiss is not an accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complainant.
Exception:
When it contains countervailing evidence or defenses and evidence which rebuts or repudiates the charges; in which case it will be treated as a counter-affidavit.
I have learned and understand alot, thank you for this knowledgeable lesson sir.
Atty what book do you recommend for criminal procedure kasi dpo kami binigyan ng author salamat po
Solis, Jhesyl L.
3C4
I've learned in this video lecture the preliminary investigation is a process in which the public prosecutor is granted broad discretion to decide if there is probable cause to file a criminal information in court. This is a probable cause decision made by the executive branch.
Preliminary Investigation may be conducted by any of the following:
1. Ombudsman Investigators
2.Special Prosecuting Officers
3. Deputized Prosecutors
4. Investigating Officials authorized by law to conduct preliminary investigations
5. Lawyers in the government service, so designated by the Ombudsman.
A summons is a written notice that normally comes with the complaint and informs the defendant and the court that the complaint has been served to all interested parties and lists the date of the lawsuit's first court appearance.
TAÑO, AIRA JOY M.
3C3
Thank You Sir for the lesson. Summary of what I've learned:
NATURE OF RIGHT
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.
-there is an inquisition or proceeding of determination, that inquiry is to determine whether or not there is a sufficient reason to engender well-funded belief that crime has been committed and the respondent is probably guilty thereof and should be held for trial.
NOTE: Preliminary investigation is not formal trial in court, as a matter of fact when you say preliminary investigation this is conducted not by the courts of law but by the DOJ through the National Prosecution Service be it Office of the Provincial prosecutor or the office of City prosecutor as the case may be.
The word PROBABLY which qualities whether the respondent is guilty of the crime charge. Court used the word Probably because when a resolution is issued by the prosecutor's office finding probable cause that means the respondent is not yet guilty of the crime charge.
The only question to be determined during preliminary investigation is not whether the accused is guilty of the crime charge beyond reasonable doubt, the only question to be determined during preliminary investigation is whether the accused might probably committed the crime or not. The quantum of evidence in preliminary investigation is very low.
In court, the nature of the proceedings is adversarial. There are adversaries for the prosecution and of the accused. While in preliminary investigation the nature is merely inquisitorial and it is not adversarial. When we say inquisitorial, it is to determine sufficiency of evidence for the purpose of filing an information in court and it is not a trial of the case on merits.
Period when preliminary investigation is required to be conducted
General Rule: 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. Not all crimes and felonies require preliminaries investigation, there are some crimes which do not require the conduct of preliminary investigation.
Exceptions : (1) The complaint or information is filed directly in court. (2) The person is lawfully arrested without a warrant.
DOCUMENTS ACCOMPANYING THE COMPLAINT
1. The affidavits of the complaint
2. The affidavits of his witnesses ;
3. Other supporting documents that would establish probable cause.
DUTY OF THE INVESTIGATING OFFICER
From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following option to take : (1) to dismiss the complaint if he finds no grounds to conduct investigation. (2) to issue a subpoena in case he finds the need to continue with the investigation.
FILING OF MOTION TO DISMISS DURING PRELIMINARY INVESTIGATION
In preliminary investigation, a motion to dismiss is not an accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complaint except when it contains countervailing evidence or defense and evidence which rebuts or repudiates the charge.
Clarificatory hearing NOT mandatory.
There is no cross examination in preliminary investigation.
DUTY OF THE PROSECUTOR AFTER THE TERMINATION OF INVESTIGATION
Resolution is the conclusion and the findings of the investigating officer, while the Information is the recital of the facts file in court.
PURPOSE OF PRELIMINARIES INVESTIGATION
To determine if the crimes has been committed, to protect the accused from inconvenience, expense and burden of defending himself im a formal trial. To secure the innocent against hasty malicious and oppressive prosecution, and to protect the State from having to conduct useless and expensive trial; and to protect the amount of bail, if the offense is bailable.
DE CASTRO, WENDEL R.
3C1
Good Day, Attorney!
In this Video, I learned a lot about the nature of the right preliminary investigation is an inquiry to determine if there is sufficient ground to engender a well founded belief a crime has been committed and the respondent is probably guilty and it should be held for trial. Investigation is conducted by the Department of justice through national prosecution service to determines whether there is a sufficient evidence that the crime was committed. As a general rule before filing of a compliant or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years and 2 months and 1 day without regard to the impossable fine (SEC. 1 RULE 112). Therefore those 4 years below is not required to undergo preliminary investigation.
Purpose of Preliminary Investigation
* To determine the crime was committed
* To protect the accused from inconvenience, expense and burden of defending himself in formal trial
* To secure the innocent against hasty, malicious, and oppressive prosecution
* To protect the state from having to conduct useless and expensive trial and;
* To determine the amount of bail,If the offense is bailable
Mea, Katherine Joy (3c2)
Good day Po Sir! here the summary regarding in preliminary investigation
I’ve learned those what nature of right in preliminary investigation, it explained it is inquiry tat may determine whether there is sufficient ground of evidence that the respondent may probably guilt that held for trial, additionally, it explained that this preliminary investigation is not formal trial in court and the technical rules will not apply in preliminary investigation. In the preliminary , there were required to be conducted it must be at least at least 4 years, 2 months and 1 day that can preliminary conduct but it not require when the case is less than imprisonment in 4 years , 2 months and 1 day and those warrantless arrest situation.
For the accompanying the complaint it should be attached the affidavit of complaint, witness and other supporting documents that establish a probable cause it explained it is within 10 days to decide of this complaint to dismiss the complaint with no ground conduct investigation and those issue a subpoena. For the filing of motion to dismiss the preliminary investigation, a motion to dismiss is not an accepted pleading for it’s merely alleges the innocence of the respondent without rebutting or repudiating evidence of the complaint but there as an exception which contains a counter affidavit.
In the purpose of this preliminary investigation it shall deemed of waiver is to express the waiver, for the failure to invoke during the arraignment, and lastly, consenting to be arraigned the plead guilty without invoking the right of preliminary investigation, whether express or implied must be in a clear and unequivocal manner-there is no doubt. For the absence of preliminary is the ground for motion to quash the complaint, the Affect the court’s jurisdiction, and last the impair the validity of those information. It also explained who may conduct on these probable cause and authorized to conduct investigation, it the provincial or city prosecutor , the national and regional state and lastly , the officer authorized the law like ombudsman.
Thank You! Atty.
BICOMONG,RYAN GIMEL M. 3C4
Good day sir ,thanks for the wonderful explanation .
This is what i comprehend from the video lecture
Sök
Preliminary investigation
Once a crime has come to the attention of the police, a preliminary investigation is initiated.
The object is to find out who can be suspected of the crime and whether or not there is sufficient evidence to initiate an action. The prosecutor leads the preliminary investigation from the point when a certain individual can be reasonably suspected of having committed the offence. In the case of less serious offences, the police conduct the preliminary investigations from beginning to end.
As the person in charge of leading the investigation, the prosecutor is responsible for ensuring that the crime is investigated in the best way possible. The investigations are conducted by the police on the instructions of the prosecutor.
The prosecutor follows the investigations on a continuous basis and constantly determines which investigation measures and decisions are necessary. If the investigation concerns a serious and complicated crime, the prosecutor will often take part directly in the investigation in connection, for instance, with reconstructions of the crime or with important interrogations.
Precisely how a preliminary investigation is conducted in detail depends, of course, on the type of crime being investigated. Following a crime of violence, the police may conduct a crime scene investigation and question victims, witnesses and suspects.
The leader of the preliminary investigation may decide to introduce coercive measures such as cordoning off the crime scene, searching premises or confiscating evidence.
Good day sir, I've like to share my summary in Preliminary Investigation Rule 112.
Preliminary investigation consists of the following key components: (1) it is an examination or proceeding of determination that decides whether there is sufficient evidence to support a well-founded conviction that a crime has occurred. Furthermore, since a preliminary investigation is not the same as a formal prosecution, it was handled by the Department of Justice. It's a determination of whether there's enough proof to prove a crime was committed and that the person charged is PROBABLY guilty. During the preliminary investigation, the only question is whether the perpetrator is likely to have committed the crime. Furthermore, the preliminary investigation is not a structured, merits-based tribunal.
It was noted there that not all offenses or crimes need preliminary investigation during the time when preliminary investigation is needed. As a general rule, before filing a lawsuit or evidence for an offense for which the statute prescribes a sentence of at least 4 years, 2 months, and 1 day in jail without regard to the imposable fine. If an information or complaint is filed pursuant to Sec 7, Rule 112, and the person is lawfully arrested without a warrant, there are some exceptions.
Furthermore, the complaint must be accompanied by (1) the complainant's affidavit; (2) the affidavit of his witness; and (3) any other supporting documentation that may create probable cause.
Duty of the Investigating officer
That the investigating officer has 10 days to determine whether to dismiss the complaint if he sees no reason to pursue the investigation or to issue a subpoena if he believes the investigation should be pursued further.
As a general rule, a motion to dismiss filed during preliminary examination is not considered an appropriate pleading. However, when a lawsuit includes countervailing facts or defenses, as well as evidence that refutes or refutes the allegations, it is regarded as a counter affidavit. The clarificatory hearing is also not needed during a preliminary investigation.
Duty of prosecutor after the termination of investigation
The prosecutor must decide if there is adequate basis to hold the respondent for trial within 10 days; if the investigating officer considers reason to hold the respondent for trial, the resolution and information must be prepared within 10 days. Otherwise, he would demand that the case be dismissed.
(1) to decide whether a crime has been committed; (2) to protect the accused from the inconvenience, cost, and responsibility of defending himself in a formal trial; (3) to protect the innocent from hasty, malicious, and coercive prosecution and to protect him from an open and public accusation; (4) to avoid a pointless and costly trial for the state; and (5) to assess the amount of bail, whether the crime is bailable.
When there is an express waiver or silence, failure to invoke it during arraignment, consenting to be arraigned, and entering a plea of not guilty without invoking the right to preliminary examination, the preliminary investigation is considered waived.
In this video lecture i learned about the preliminary investigation,preliminary investigation is not a formal trial in court ,also it is conducted not by the court of law but by the department of justice through the national Prosecution service, office of the provision prosecutor ,or the office of city prosecutor. The purpose of preliminary investigation is to determine if there is sufficient evidence that a crime committed or the respondent is probably charged.
In the period when preliminary investigation is requires to be conducted, not all crimes or offenses required preliminary investigation.
I am being knowledgeable about the purpose of preliminary investigation
a.To determine if the crime has been committed
b.To protect the accused from inconvenience, expense and burden of defending himself in a formal trial
c. To secure the innocent against hasty, malicious and oppressive prosecution d.To protect the State from having to conduct useless and expensive trial and
e. To determine the amount of bail, if the offense is bailable.
BS CRIMINOLOGY 3C2
SUBIJANO, ARLENE V.
3C3
In this lesson, I've learned that:
Under Preliminary Investigation Rule 112 is an inquiry or proceeding to determine whether it is sufficient ground.
Preliminary Investigation
- is merely inquisitorial and it is not a trial.
- it is not conducted by the courts of law but by the Department of Justice through the national prosecution service.
Probably qualifies whether the respondent is guilty of the crime charge. It is use when a resolution is issued by the prosecutors office finding probable cause.
Guilty is qualified by the word probably, meaning it is only a probable cause.
During preliminary investigation Quantum of Evidence or the Weight of Evidence
- it is only a very low standard of evidence.
Adversarial are the adversaries for the prosecution and for the accused.
Nature of Preliminary Investigation is merely inquisitorial and it is not adversarial.
Inquisitorial is to determine sufficiency of evidence for the purpose of filling an information in court.
Exceptions for preliminary investigation
* First is if the offense is punishable by imprisonment of at least 4 years, 2 months and 1 day the preliminary investigation is required.
* Second is the inflagrante delicto or inflagrante delicto arrest if it is when the accused has been caught committing a crime.
When a person is lawfully arrested without warrant an inquest was made in accordance with rule 112.
Hours that an accused must be transferred under Article 125 of the Revised Penal Code
* 12 hours for the crimes or offenses punishable by light penalties
* 18 hours for the crimes or offenses punishable by correctional penalties
* 36 hours for the crimes or offenses punishable by afflictive or capital penalties
Duty of Investigating Officer or the Investigating Prosecutor
* to dismiss or outright dismissal
* to issue subpoena
Can be filed a motion to dismiss?
As general rule a motion to dismiss is not an accepted pleading for it merely alleged the innocence of the respondent without rebutting the evidence of the complaint.
Duty of the prosecutor after the termination of investigation
- within 10 days
RESOLUTION
-it is a conclusion, findings of the investigating prosecutor.
- it is a narration of facts
INFORMATION
- contain the act or omission complained of constituting the crime
Preliminary Investigation is an statutory right and not a constitutional right.
Provincial or city prosecutor and assistant, national and regional state prosecutor and other officers may be authorized by law who may conduct determination of existence of probable cause.
Ombudsman
- primary authority to investigate and exclusive authority to file and prosecute Sandiganbayan cases.
- an authorized to take over at any stage
Commission on Election
- deputized other prosecuting arms of the government.
Thank you po sir
Good day sir in this video this the summary of what I've learned
Preliminary investigation -Nature of right is an inquiry or proceeding to determine whether is sufficient ground to engage a well founded belief a crime has been committed the respondent is probably guilty. It is also an inquisitorial and it is not a trial .Period when preliminary investigation is required to be conducted. General Rule when filling a complaint or info for an offense where the penalty prescribed by term is imprisonment of at least 4 years, 2months and 1 day .As well the exemptions which is the complaint or information is filed directly in court, and second is when lawfully arrested without a warrant.The in flagrante delicto (Caught in the act) also the issuance of warrant of arrest is only for judge and last inquest which is the person arrest without warrant.
SEMPIO JOSE MARI C 3C3
DONE WATCHING
I've learned The different qualifications of a witness First a witness can perceive and perceiving, next may be a witness can disclose their perception to others,and lastly a witness he must not possess the disqualifications imposed by law or the foundations. And also I've learned the potential of a witness And he or she must show the subsequent abilities: to watch,to remember,to relate,to recognize a requirement to inform the reality. Furthermore the witness cannot testify on matters which occurred within the presence and within the hearing of the descendent to which he might testify on his personal knowledge if he were alive Facts favorable to the deceased or insane person or their representatives don't seem to be prohibited.
ROQUE, ALEXANDRA
3C2
In this lesson, I learned Preliminary Investigation under Rule 112
The Nature of the Right to Preliminary Investigation
It is an inquiry, there is an inquisition or proceeding of determination now that inquiry is to determine whether or not now there is a sufficient reason to engender a well-founded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held in for trial. preliminary investigation is not a formal trial in court as a matter of fact when you say preliminary investigation, this is conducted not by the courts of law by the Department of Justice through the National Prosecution Service be it Office of the Provincial Prosecutor or the Office of the City Prosecutor as the case may be.
A preliminary investigation is determination whether there is a sufficient evidence that a crime was committed and that the respondent charge is probably guilty thereof.
The word probably which qualifies whether the respondent is guilty of the crime charge. When a resolution is issued by the Prosecutor's Office finding probable cause that means that the respondent is not yet guilty of the crime charge. Which is why the word guilty under rule 112 section 1, there is probable cause the respondent could have committed. It does not mean that the respondent is actually guilty beyond reasonable doubt of the crime charge.
During preliminary investigation the quantum of evidence or the weight of evidence necessary for the prosecutor to find probable cause now is only a very low standard of evidence. The only question to be determined during preliminary investigation is not whether the accused is guilty of the crime charge beyond reasonable doubt. The only question in a preliminary investigation is whether the accused might have probably committed the crime or not. Which is why after the conduct of preliminary investigation and information is filed in court and that the trial will proceed in court. Preliminary investigation is a prelude for a formal trial in a court of law.
The nature of a preliminary investigation is it is merely inquisitorial and a means of determining the who may be reasonably persons charge with a crime. So it is an inquisitoria as opposed no as opposed to antagonistic. Because when you reach the courts, there are two opposing parties, the prosecution and the defense. The prosecution represent the People of the Philippines. and then the accused might be represented by the public attorney or if he has a private counsel by a defense counsel or counsel for the accused.
In court, the nature of the proceedings is adversarial. For the prosecution and for the accused. There are two parties in a preliminary investigation. The nature is merely inquisitorial, it is not adversarial. In inquisitorial the purpose of preliminary investigation is to determine sufficiency of evidence for the purpose of filing an information in court. It is not a trial of the case on merits. Technically the rules on evidence will not apply or do not apply in a preliminary investigation.
PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED
Not all offenses, crimes and felonies require preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation. When the penalty prescribed by law is imprisonment of at least 4 years 2 months and 1 day without regard to the imposable fine. If the penalty of imprisonment imposable for the offense charge is at least 4 years, 2 months and 1 day without regard to the impossible fine then a preliminary investigation is required.
Exception to the general rule.
Where an information or complaint is filed pursuant to Section 7 Rule 112. If the complaint or information is filed directly in court. - You will no longer have to file a complaint affidavit before the Prosecutor's Office. You can file your complaint directly in court
For cases requiring preliminary investigation that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Section 6 of Rule 112. This includes the warrantless arrest. It doesn’t need preliminary investigation instead you will conduct inquests proceeding.
The affidavits of the complainant, affidavit of the witnesses and another supporting documents that would establish probable investigating officer are the documents accompanying the complaint.
To dismiss the complaint if he finds no ground to conduct the investigation and to issue subpoena in case that he find the need to continue with the investigation are the duties of an investigating officer.
Filing A Motion To Dismiss During The Preliminary Investigation
The general rule is that in preliminary investigation, a motion to dismiss is not an accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complainant. The exception to the rules is that when it contains countervailing evidence or defenses and evidence which rebuts or repudiates the charges; in which case it would be treated as a counter affidavit.
Clarificatory hearing is not mandatory. A hearing may be set by the investigating officer only when there are facts and issues to be clarified either from a party or a witness which shall be conducted within 10 days from the submission of the counter-affidavit and other affidavits and documents filed by the respondent. The parties do not have the right to examine or cross-examine each other or the witnesses. The nature of preliminary investigation is inquisitorial it is not adversarial examination. If they have questions to ask they shall submit the questions to the investigating officer who shall ask the questions.
The duty of the prosecutor after the termination of the investigation is that within 10 days from the termination of the investigation the investigating prosecutor shall determine whether or not there is a sufficient ground to hold the respondent for trial. The prosecutor will determine whether or not there is a sufficient ground to hold the respondent for trial. Afterwards if the investigating officer finds cause to hold the respondent for trial then shall he shall prepare the resolution and information.
Resolution is the conclusion or findings of investigating prosecutor. There is narration of facts such as allegations of complainant and or the defenses of the respondents. The investigating prosecutor will calibrate the evidence, soundness of the arguments, and the logic of consistency factual and legal. Merely recommendatory of the provincial prosecutor as the case may be. While information is a demand that will contain the act or omissions complained of constituting the crime.
The purpose of preliminary investigation are: for the investigating prosecutor to determine if the crime has been committed, to protect the accused from inconvenience expense and the burden of defending himself in a formal trial unless probability of his guilt is first asserted by a competent officer, to secure the innocent against hasty malicious and oppressive prosecution and to protect him from an open and public accusation of a crime and the anxiety of a public trial, to protect the state from having to conduct useless and expensive trial and to determine the amount of bail if the offense is bailable.
MITRA, ANDREA MAE E. 3C4
Good Day Atty. Thankyou for this video lecture.
In this video lecture I've learned about:
* A preliminary investigation will be required in warrant less arrests cases. A person who is lawfully arrested without a warrant involving an offense which requires a preliminary investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules.
* Nature of Crime is a process of determining whether there is sufficient evidence to support a well-founded conviction that a crime has been committed and that the respondent is likely guilty and should be held trial.
* 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.
* The duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay.
* The purpose of determining whether there is probable cause to believe that a crime has been committed, and that the respondent is probably guilty, and should be held for trial.
* WAIVER OF RIGHT-WHEN IS THERE NO WAIVER The right of an accused to a Preliminary Investigation is a PERSONAL RIGHT and can be waived expressly or by implications.
* The absence of a Preliminary Investigation doesn't affect the jurisdiction of the court but merely the regularity of the proceedings.
* The respondent shall have the right to examine the evidence submitted by the complainant. * Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense.
* Preliminary investigation may be conduct by:
1) Ombudsman Investigators;
2) Special Prosecuting Officers;
3) Deputized Prosecutors;
4) Investigating Officials authorized by law to conduct preliminary
investigations or
5) Lawyers in the government service, so designated by the Ombudsman.
* Once preliminary investigation has been conducted, the prosecutor will determine if there is indeed a probable cause, which refers to the existence of circumstances and facts as would excite the belief.
ENDONILLA, AVEGEL U.
3C2 - BS CRIM
Good Day Atty. Thank you for this video lecture.
The summary of this lesson include:
PRELIMINARY INVESTIGATION
Nature of Right
It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty, therefore, should be held for trial. It is merely inquisitorial. And it is not a trial of the case on the merits.
Period when a preliminary investigation is required to be conducted
General rule: before filing a complaint or information for an offense, it has a penalty of at least 4 years, 2 months, and 1 day of imprisonment prescribed by the law without regard to the impossible fine.
Exception: the complaint or information is filed directly in court pursuant to Sec.7, Rule 112. And for cases requiring a preliminary investigation, that a person is lawfully arrested without a warrant. In accordance with Rule 112.
Documents Accompanying the Complaint
It includes the affidavits of the complainant; the affidavits of his witness; and other supporting documents that would establish probable cause.
Duty of the Investigating Officer
From the filing of the complaint, the investigator has 10 days within which to decide on the following options such as to dismiss the complaint if he finds no ground to conduct the investigation and issue a subpoena in case he finds the need to continue with the investigation.
Filing of motion to dismiss during a preliminary investigation
General rule: In a preliminary investigation, a motion to dismiss is not an accepted pleading because it merely asserts the respondent's innocence without rebutting or repudiating the evidence of the complaint.
Exception: when it contains countervailing evidence or defenses and evidence which rebuts or repudiates the charges, where the case will be treated as a counter-affidavit.
Clarificatory Hearing NOT mandatory
When there are facts and issues to be clarified either from a party or a witness, a hearing may be set by the investigating officer, which can be conducted within ten(10) days from the submission of the counter-affidavit.
Note: parties do not have the right to examine or cross-examine each other or the witnesses. And they shall submit the questions to the investigating officer if they have questions to ask.
Duty of the prosecutor after the termination of an investigation
The investigating prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial within 10 days from the termination of the investigation. After that, if the officer finds cause to hold, he shall prepare the resolution and information. Otherwise, he shall recommend the dismissal of the complaint.
Purposes of Preliminary Investigation
The investigating prosecutor has to determine if the crime has been committed; to protect the accused from inconvenience, expense, and burden of defending himself in a formal trial unless the probability of his guilt is first ascertained by a competent officer; to secure the innocent against hasty, malicious, and oppressive prosecution and from open and public accusation; to protect the State from having to conduct useless and expensive trial; and to determine the amount of bail, if the offense is available.
Waiver of the right to preliminary investigation
It shall be deemed waived by express waiver of by silence; failure to invoke it during arraignment; and consenting to be assigned and entering a plea of not guilty without invoking the right to a preliminary investigation.
Absence of a preliminary investigation
The absence of a preliminary investigation does not become a ground for a motion to quash the complaint or information; does not affect the court’s jurisdiction; does not impair the validity of the information, and does not justify the release of the respondent to nullify the warrant of arrest against him.
Rights of the respondent in a preliminary investigation
Must submit a counter-affidavit; examine the evidence submitted by the complaint at his own expense; and be present during the clarificatory hearing.
Who may conduct a preliminary investigation
Provincial or city prosecutors and their assistant; national and Regional State Prosecutors; and other officers as may be authorized by law are .the persons authorized to conduct an investigation
Probable cause in a preliminary investigation
It is the existence of such facts and circumstances that would excite belief in a reasonable mind, acting on the acts within the knowledge of the prosecutor, that the person charged was prosecuted. It is not a pronouncement of guilt.
Noted:
Preliminary investigation
It is an inquiry bir proceeding to determine whether there is sufficient ground to engender a well founded belief a crimw has been commited and the respondents is probably guilty thereof and should be held for trial.
It is merely inquisitorial and a means of determining the persona who may be reasonably charged with a crime.
It is not a trial or the case onthe merits
Before the filling of the complaint or information for an offense where tge penalty prescribed by law is imprisonment of at least 4 years 2 months and 1 day without regard to the imposable fine.
Exception:
Where an information or complaint is filled pursuant to sec 7 rule 112 i.e. the complaint or information is filled directly in court.
For case requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with rule 112.
From the filling of the complaint, the investigating officer has 10 days within which to decide an which of the following option yo take.
To dismiss the complaint of he finds no ground to conduct the investigation; or
To issue a subpoena in case he finds the needs to continue with the investigationbin in which the subpoena shall be accompanied with the complaint and its supporting affidavits and document.
General Rule:
In preliminary Investigation, q motion to dismiss is not an accepted pleading for it merely alleges tge innocence of the respondents without rebutting or repudiating the evidence of the complaint.
Exception:
When it contains countervailing evidence or defense and evidence which rebuts or repudiates the charges in the which case it will be treated as a counter affidavit.
A hearing may be set by the investigating Officer only when there arw facts and issues to be clarified either from a party or a witness which ahall be conducted within 10 days from the submission of the counter affidavit other affidavits and documents filed by tge respondents.
The parties do not have the right to examine or cross examine each other of the witness.
If they question to ask they shall submit the question to the investigating Officer who shall ask the questions.
Without 10 days from the termination of the investigation the investigating prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial.
Afterwards if tge investigating Officer finds cause to hold the respondents for trial he shall prepare the resolution and information.
Otherwise he shall recommend the dismissal of the complaint.
Purposes of Preliminary Investigation
-For the investigating prosecutor to determine if the crime has been commited.
-To protect the accused from inconvenience, expenses and burden of defending himself in a formal trial unless probability of gus guilt is first ascertained by a competent Officer.
-To secure tge innocent against hasty, malicious, and oppressive prosecution and to protect him form a open and public accusation of a crime and anxiety a public trial.
-To protect the state from having to conduct useless and expensive trial
- To determine the amount of bail if the offense is bailable.
Waiver of the right to preliminary investigation
It shall declared waived by;
- express waiver or by silence
- failure to invoke it during arraignment
- consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation.
The waiver whether express or implied, must be a clear and unequivocal manner.
Absence of preliminary Investigation does not
-Become a ground for a motion to quash the complaint or information as it is does not impair the validity of tge information or affects the jurisdiction of the trial court.
- Affects the Court's jurisdiction but merely the regularity of the proceedings
- Impair tge validity of the information or render it defective
- Justify the release of tge respondents or nullify tge warrant of arrest against him.
Right of tge respondents in a Preliminary Investigation
- submit a counter affidavit
- examine the evidence submitted by the complainat at his own expense.
- be present during tge clarificatory hearing.
Probable cause in preliminary investigation
It is the existence of such facts and circumstances as would excite belief in a reasonable mind acting on the acts within the knowledge of the prosecutor that the person charged was prosecuted it is not a pronouncemnt of guilt.
Persons authorized to conduct investigation
- Provincial or city prosecutor and their assistant
- National and Regional State prosecutor
- Other officer as may be authorized by law
General Rule:
The court connot interfere in tge conduct of preliminary investigation leaving the investigatory Officer sufficient discretion to determine probable cause.
Exception:
When the acts of the officer are without or in excess of authority resulting from a grove abuse of the discretion.
Party to conduct preliminary investigation in election cases.
The commission on election is vested the power to conduct preliminary investigation.
It may deputized vother prosecuting arms of the government bto conduct preliminary investigation and prosecute offenses.
CABALFIN, JOHN EDWIN C.
3C3
In this lesson, I've learned that preliminary investigation was a determination if the crime was well founded belief and respondent was has the probability of guilty. Also it is stated that the preliminary investigation was not a trial and not use the formal rules in determining evidence.
Another that I learned that not all crime was not required a preliminary investigation. Also the exception of the general rule, like direct filing and the arrest of in flagrante delicto. When the person was arrested in warrantless arrest there is no preliminary investigation, perhaps it has a inquest.
In the topic of documents accompanying the complaint its discuess here the included details that must haved.
The investigating officer has duty to dismiss the complaint and to issue a subpoena in case.
Another that I've learned that in the preliminary investigation may conduct a clarificatory hearing but do not have right to cross examine both parties.
Another that I learned was what are the purposes of the preliminary investigation. Preliminary investigation also is can be waived according to the discussion. It also discussed the person authorized to conduct investigation.
ANDA, MARIFER H.
3C3
Done watching po sir
It is an investigation or action to establish if there is sufficient evidence to support a well-founded belief that a crime has been committed and the responder is likely guilty of it and should be detained for trial.
• It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime.
• It is not a trial of the case on the merits (Herrera, 2007)
Period when preliminary investigation is required to be conducted
General Rule:
Before the filing of a complaint or information for an offense where the penalty prescribed by taw is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine (Sec. 1, Rule 112)
Period when preliminary investigation Is required to be conducted
Exceptions:
Where an information or complaint is filed pursuant to Sec 7, Rule 112, i.e. the complaint or information is filed directly in court (Ibid.);
For cases requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule 112 (Ser. 6. Rule 112).
Documents Accompanying the Complaint
The affidavits of the complainant
The affidavits of his witnesses; and
Other supporting documents that would establish probable cause Duty of the Investigating Officer
From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take:
To dismiss the complaint if he finds no ground to conduct the investigation; or
To issue a subpoena in case he finds the need to continue with the investigation, in which c--se the subpoena shall be accompanied with the complaint and its supporting affidavits and documents (Sec 3(b), Rule 112).
Filing of motion to dismiss during preliminary Investigation
General Rule:
a “In preliminary investigation, a motion to dismiss is not an accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complainant.
Exception:
When it contains countervailing evidence or defenses and evidence which rebuts or repudiates the charges; in which case it will be treated as a counter-affidavit.
What if the suspect arrested en flagrante demanded for a preliminary investigation during the inquest proceeding
VILLASORDA, ISRAEL JIRE R.
3C4
Thank you po atty. Here are the highlights and summarize topic that was discussed:
Nature of Right to Preliminary investigation
-There is an inquiry underway to determine whether there is sufficient evidence to support a well-founded belief that a crime has been committed and that the respondent is most probably guilty of it and should be held for trial. It is not a formal court proceeding. This is conducted by the Department of Justice through National Prosecution Service rather than a court of law. It determines whether there is sufficient evidence that a crime was committed and the respondent charged is most likely guilty of it.
Period when preliminary investigation is required to be conducted
-Not every crime or offense necessitates a preliminary investigation. Some crimes do not necessitate the conduct of a preliminary investigation. In general, if the penalty imposed is at least four years, two months, and one day, a preliminary investigation is required. A complaint or information is filed directly in Court as an exception and Can no longer file an affidavit with the prosecutor's office and if the accused was lawfully detained without the benefit of a warrant of arrest
Documents accompanying the complaint
-The affidavits of the complainant. The affidavit of the witnesses. Another supporting documents that would establish probable investigating officer.
Duty of the Investigating Officer
-The investigating officer has 10 days to decide whether to dismiss the case outright. If the investigating prosecutor determines that there is no reason to conduct a preliminary investigation, he will dismiss your complaint outright or issue a subpoena if he believes that the investigation must be continued.
Filing of motion to dismiss during preliminary investigation.
-A motion to dismiss is not, in general, an accepted pleading. Exceptions include countervailing evidence or defenses, as well as evidence that rebuts or repudiates the charges, in which case it will be considered as a counter affidavit.
- To determine if the crime has been committed.
- To protect the accused from inconvenience, expense and burden of defending himself in a formal trial.
- To secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation
- To protect the state from having to conduct useless and expensive trial
- To determine the amount of bail, if the offenses is bailable
Waiver of the right to preliminary investigation
-Express waiver of by silence. Failure to invoke during arraignment. Consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation. The waiver whether expressed or implied must be in a clear and unequivocal manner. Unequivocal means that there is no doubt or it is not susceptible of different interpretations and preliminary investigation is only a statutory right and not unconstitutional right.
Absence of preliminary investigation
- It does not become a ground for motion to quash the complaint or information as it does not impair the validity of the information or affect the jurisdiction of the trial court. It does not affect the court's jurisdiction but merely the regularity of the proceedings. It does not impair the validity of the information. It does not justify the release of the respondent or nullify the warrant against him.
Rights of the respondent in a preliminary investigation
- The respondent can submit a counter affidavit. Examine the evidence submitted by the complainant at his own expenses. Be present during the clarificatory hearing
Probable cause in a preliminary investigation
- the existence of such facts and circumstances as would excite belief in a reasonable mind acting on the acts within the knowledge of the prosecutor, that the person charge was prosecuted. It is not a pronouncement of the guilt.
Person authorized to conduct investigation
- The provincial or City Prosecutor and their assistant, the National and Regional State Prosecutors and the Officers as may be authorized by law
RIVERA, MARY ROSE H. 3C4
Good day sir! This is the summary of what I have learned in lesson
Preliminary investigation Rule 112
Preliminary investigation
-it is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief a crime has been committed and the respondents is probably guilty thereof, and should be held for trial.
Take note, preliminary investigation is not a formal trial in court. Preliminary investigation is not conducted by the court of law but by department of justice through the national prosecution service, the office of the prosecutor or the city prosecutor as the case may be. It is also a determination whether there is a sufficient evidence that a crime was committed and respondents charge is probably guilty thereof. "Probably" qualifies whether the respondent is guilty of the crime charged, meaning it is only probable cause no respondents could have probably committed, the respondent is not guilty beyond reasonable doubt, during preliminary investigation the quantum of evidence is used to determine the probable cause. The only question during preliminary investigation is whether the accused might have probably committed the crime or not. Preliminary investigation is a prelude for a formal trial in a court of law.
The nature of preliminary investigation: it is inquisitorial as oppose to antagonistic, because in court there are opposing party the prosecution and the defense. The prosecution which presented by a public prosecutor andpublic attorney for the accused. On the other hand in court the nature of the proceeding is adversarial, there are adversaries for the prosecutor and the accused party. In preliminary investigation the nature is merely inquisitorial not adversarial because the purpose of preliminary investigation is to determine sufficiency of evidence for the purpose of filing an information in court and not a trial of the case on merits meaning that the technical rules on Evidence will not apply. A preliminary investigation is not a formal trial on merits.
Period when preliminary investigation is required to be conducted.
Take note: not all offenses, not all crimes, not all felonies require preliminary investigation. As a general rule, before the filling of a complaint or information for an offense when penalty prescribed by law is imprisonment of atleast 4 years, 2 months and 1 day without regard with the imposable fine. If the crime charged is punishable with the mentioned penalty then preliminary investigation is required. Exceptions are: 1) where complaint or information is filed pursuant to section 7 of Rule 112 and 2) for cases requiring preliminary investigation, that a person is lawfully arrest without a warrant provided that a inquest was made in accordance with Rule 112 Section 6. In exception 1 no need to file a complaint affidavit in prosecutor's office you can file a complaint directly in court. Those offenses are those stated in general rule which is those offenses which is punishable by imprisonment of atleast four years, 2 months and 1 day of imprisonment it required preliminary investigation. While offenses which is punishable with less than the threshold period of imprisonment doesn't require preliminary investigation. Second exception if the accused is lawfully arrest without the benefits of warrant of arrest, which is the inflagrante delicto arrest or if the accused has been caught commiting crime.
Documents accompanying complaint, shall attach the affidavit of complaint, affidavit of his witness and other supporting documents that should established probable cause.
Duties of investigating prosecutor, within the duration of 10 days the prosecutor shall decide if he 1) dismissed the complaint if he finds no ground to conduct the investigation, 2) if the investigator found the need to continue with the investigation he issue a subpoena and allow the respondent to file his or her counter affidavit.
Meanwhile, filling of motion to dismiss during preliminary investigation, as a general rule, a motion to dismiss is not accepted pleading, exception when it contains countervailing evidence or defense and evidence which rebuts or repudiated the charge, in which case it will be treated as counter affidavit. During preliminary investigation, clarificatory hearing is not mandatory.
Duty of the prosecutor after the termination of investigation
Within 10 days the prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial, afterwards, if the investigating officers find cause to hold the respondent for trial, he shall prepare the resolution and information. Otherwise, he shall recommend the dismissal of the complaint.
Purposes of preliminary investigation, to determine if the crime has been committed, to protect the accused from inconvenience, expense and burden of defending himself in a formal trial, to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open or public accusations, to protect the State from having to conduct useless and expensive trial, and if the offense is bailable, to determine the amount of bail.
Waiver of the right to preliminary investigation, is deemed waived by the express waiver or silence, the failure to invoke it during arraignment and consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation.
REYES, ARJAY B.
3C4
Good morning sir, I learned in Criminal Procedure is the process of the criminal law. Nature of Right. what I have learned here is that it is merely inquisitorial and it is inherent rights as associated with ecosystems and species, similar to the concept of fundamental human rights. In addition the Preliminary Investigation is not a formal trial.
What is the nature of Preliminary Investigation.
- It is often the only means of discovering the persons who may be reasonably charged with a crime, to enable the prosecutor to prepare his complaint or information. It is a function that belongs to the prosecutor.
Period when Preliminary Investigation is required to be conducted.
-General Rule: 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. In addition the preliminary investigation shall be conducted in the following manner. The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainant and his witnesses.
-I also learned here that no one is arrested without a warrant, unless it is Inflagrante Delicto or Caught in the act. And when there is no warrant and when arrested it is called Inquest or expedited process and it is not called Preliminary Investigation. If what happened was that you caught a person who committed an offense under the law and you did not immediately bring him to the prosecutor in charge and you delayed, you can be charged with delay in the delivery of the detained person to the proper judicial authority or illegal detention.
Document Accompanying Complaint.
-What I learned in this topic is that here you put all the evidence you can get so that your evidence against him will be strong. And must also specify what remedy the plaintiff wants. After receiving the complaint, the defendant must respond with an answer.
Duty of the Investigating Officer.
-I learned here that you need to file a motion to dismiss during Preliminary Investigation. In addition a duty of investigating officer collects evidence, search, interview, interrogate and apply various investigation methods.
Clarification Hearing NOT Mandatory.
- I learned here that each party has no right to examine or cross investigation each other or the witnesses. In addtion to the Preliminary Investigation there is no cross -examination.
Purposes of Preliminary Investigation.
-I learned here that the administrative inquiry conducted by a public prosecutor, for the purpose of determining whether there is probable cause to believe that a crime has been committed.
Waiver of the Right to Preliminary Investigation.
- I learned here when there is no waiver the right of an accused to a Preliminary Investigation is a PERSONAL RIGHT and can be waived expressly or by implications.
CALONGCALONG, CRISTIANTIE MARIE L. 3C3
Good day po! I have learned in this topic is about the significance of preliminary investigation. A preliminary investigation is an investigation conducted by an officer upon the arrest of an offender.
It is not a legal proceeding that takes place in a court of law. And the respondents were not punished because, in our adversarial legal system, a person is presumed innocent unless proven guilty. For the responder to be found guilty of any charges leveled against him, there must be reasonable grounds to believe he is guilty.
Another thing I've learnt is that early investigation requires a small amount of proof. And the offender's trial will only begin after the preliminary inquiry is completed.
A preliminary investigation is usually required for a crime that has been committed for at least 4 years, 2 months, and 1 day. The only exceptions are if the offence carries a sentence of four years, two months, and one day of imprisonment and if the person is arrested without a warrant of arrest (inflagrante delicto).
Additionally, not all crime are need for preliminary investigation, there such crime that don`t need this process in due process of our criminal justice system.
Therefore, The aim of preliminary investigation, I've learnt, is to determine the crime that has been committed (if there is any)
-to shield the accused from the inconvenient, costly, and burdensome nature of a trial (if they where not the ones liable for the commission of a crime)
-to establish or secure a person's identity -to safeguard the state (against misdemeanor and similar acts).
The Investigating Officer's Responsibilities
The Prosecutor has 10 days from the time the complaint is filed to decide which of the following alternatives to pursue.
If he sees no reason to conduct a preliminary investigation, he can dismiss the case outright. If he believes it is necessary to continue an inquiry, he can issue a subpoena along with the necessary documents. These are the complaints and various forms of assistance.
However, There is a basic rule in filing a move to dismiss during the preliminary investigation: A move to dismiss is not an appropriate pleading since it simply states the respondent's innocence without rebutting the complainant's evidence.
THANKYOU PO ATTY. :)
MIRANDA, RHEA MAE A.
3C4
Good Day sir!
In this lesson, I acquired knowledge about the following:
Nature of Right
- It is an, inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial (Secs 1, Rule 112).
- It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime.
Period when preliminary investigation is required to be conducted
General Rule: Before the filing of a complaint or information for an offense where the penalty prescribed by taw is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine (Sec. 1, Rule 112).
Exceptions:
1. Where an information or complaint is filed pursuant to Sec 7, Rule 112, i.e. the complaint or information is filed directly in court (Ibid.);
2. For cases requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule 112
Duty of the Investigating Officer
From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take:
1. To dismiss the complaint if he finds no ground to conduct the investigation; or
2. To issue a subpoena in case he finds the need to continue with the investigation, in which c-se the subpoena shall be accompanied with the complaint and its supporting affidavits and documents
Purposes of Preliminary Investigation
1. For the investigating prosecutor to determine if the crime has been committed;
2. To protect the accused from inconvenience, expense and burden of defending himself in a formal trial unless probability of his guilt is first ascertained 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 and anxiety of a public trial;
4. To protect the State from having to conduct useless and expensive trial; and
5. To determine the amount of bail, if the offense is bailable (Herrera, 2007).
Waiver of the right to preliminary investigation
It shall be deemed waived by:
1. Express waiver or by silence (Herrera, 2007);
2. Failure to invoke it during arraignment (People v. De Asis, G.R. No. 105581, December 7,1993); and
3. Consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation (People v, Bulosan, GR. No, 58404, April 15,1988). NOTE: The waiver, whether express or implied, must be in a clear and unequivocal manner (Herrera, 2007).
Probable cause in preliminary investigation
It is the existence of such facts and circumstances as would excite belief in a reasonable mind, acting on the acts within the knowledge of the prosecutor, that the person charged was prosecuted. It is not a pronouncement of guilt.
Persons authorized to conduct investigation
1. Provincial or city prosecutors and their assistant
2. National and Regional State Prosecutors; and
3. Other officers as may be authorized by law (e.g. Ombudsman authorized officer deputized by COMELEC for election offenses)
TULAWE, RICO O. BSCRIM-3C1 LSPU-SPCC
PRELIMINARY INVESTIGATION RULE 112
Good Day Atty. Based on this video lecture I knew all about the Preliminary Investigation, it's purpose, and difference amongst the inquest proceeding and trial.
First of all I learned that Preliminary Investigation under section 1 rule 112 is conducted to determine sufficient ground to engender a will-founded belief that the respondent is probably guilty of the crime. And also conducted as general rule for those offenses is at least Four(4) year, two(2) months and one(1) day , and those less than this will no need to conduct preliminary Investigation under section 1 rule 112. It is merely Inquisitorial rather than Adversarial because it only focuses to the accused and there is no cross examination here. Likewise Preliminary Investigation is accompanied with complaints and information. The purpose of preliminary Investigation is to determine if the crime has been committed with a probable cause, to protect the accused from inconvenience expense and burdens, to secure the innocent against hastly, malicious and oppressive prosecution, to protect the state from having to conduct a useless and expensive trial, and lastly to determine the amount of bail. But even this preliminary Investigation is absence it will not affect the motion to quash, affects the court's Jurisdiction, impair the validity of the information, and release of the respondents or nullify the warrant of arrest.
This lecture also state the authority who may be able to conduct preliminary Investigation amd those are the provincial or city prosecutor, national and regional state prosecutor and other officers who may be prescribe by law, but during election the COMELEC will be the one who are responsible in conducting preliminary Investigation but they can deputize any officer in authority. Likewise, The Ombudsman has the primary authority to investigate and exclusive authority to file and prosecute Sandiganbayan cases. Lastly I also learned that when arresting without warrant of arrest which falls under inflagranti delicto the inquest proceeding will be the proceedings instead of preliminary Investigation. And the court cannot interfere in the conduct of preliminary Investigation as a general rule but the exemption is when the act of the officer is bias and will result to grave abuse of discretion the court will interfere.
THANK YOU PO…
MONSERRAT, MARIA CECILIA C.
3C1
Thank you Sir. This is the Summary that I've learned about Preliminary Investigation Rule 112
PRELIMINARY INVESTIGATION
- is an inquiry proceeding that determine whether there is sufficient ground that to endanger a well founded belief that a crime has been committed and the respondent is probably guilty.
- And it is not a formal proceeding that conducted by the court, instead the Department Of Justice conducted through the National Prosecution Service.
- The nature of preliminary investigation is merely inquisitorial and it is not a trial of the case on merits.
- And during preliminary Investigation the quantum of evidence is very low and the weight of evidence necessary for prosecutor to filed is very low standard of evidence.
Note: That the word “ probably” is only used for not guilty person.;
PERIOD WHEN THE PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED
- Preliminary Investigation is required to be conducted according to the GENERAL RULE is when the prescribed imprisonment is at least 4years 2months and 1 day, But their have EXEMPTION if the complaint or information is filed directly in court and the person is lawful arrested without a warrant that provided inquest.
Note: That not all offences or crimes are required preliminary investigation .
*Illegal Detention is a turn over of the person to the prosecutor in to inquest. And in illegal detention according to Revised Penal Court the turn over of person are;
* 12 hours - for light penalties
* 18 hours- for correctional penalties
* 36 hours - for afflictive or capital penalties
“Hot Pursuit it is the crime that has been committed
DOCUMENTS ACCOMPANYING THE COMPLAINT
- Affidavits of the complaint, his witness and the other supporting documents that would establish probable cause.
DUTY OF INVESTIGATING OFFICER
- The investigating officer has 10 days for filling a complaint but their have an option:
· To dismiss the complaint
· To issue a subpoena
Note: Complainant- filed is complaint affidavit and Counter Affidavit is for respondent
When filing of motion to dismiss during investigation
- Motion to dismiss is not accepted pleading for merely alleged innocence of respondent without rebutting of evidence of complaint, but their have exception when the countervailing evidences which case will be treated as a counter affidavit.
*HEARING is a set by the investigator officer when the fact and issues is to be clarified either from party or a witness was conducted within 10 days from the submission of counter affidavit that filed by the respondent. But Parties do not have right to examine cross examinee to each witness but the only way to ask question is to submit the questions to the Investigating officer to ask a question.
DUTY OF THE PROSECUTOR AFTER TERMINATION OF INVESTIGATION
- That within 10 days of the termination the investigating prosecutor shall be determine whether or not the sufficient ground to hold the respondent for trial and the he shall prepare the resolution and information so he can recommend the dismissal of the complaint.
Note: That their have 2 person in charge during Preliminary Investigation
· INVESTIGATING PROSECUTOR the one who issued subpoena, and study to resolve the case.
· APPROVING AUTHORITY like provincial and city prosecutor under prosecutorial system.
PURPOSE OF PRELIMINARY INVESTIGATION
a. Determine crime has been committed
b. Protect accused from inconvenience
c. To secure the innocent against hasty malicious
d. Protect the state from having to conduct useless and expensive trial
e. Determine the amount of bail if it is bail able.
RIGHT OF THE RESPONDENT IN PRELIMINARY INVESTIGATION
· Submit a counter Affidavits
· Examine the evidence submitted by the complaint
· Be present during clarificatory hearing
*And according to the general rule the courts cannot interface in conduct of preliminary investigations but their have exception that acts of the officer is to excess the authority resulting to abuse discretion.
OMBUDSMAN- has a primary authority to investigate and exclusive authority to file and prosecute Sandigan Bayan
Greetings Atty.! Here are my taken-down notes for this lecture.
Rule 112 Preliminary Investigation
A preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED
Note: Not all offenses, crimes, or felonies require the conduct of a preliminary investigation.
As stated on its general rule, if the penalty imposable for the crime charged is at least 4 years, 2 months, and 1 day, then a preliminary investigation is required.
Furthermore, the complaint must be accompanied by the following documents:
1. The affidavits of the complainant
2. The affidavits of his witness; and
3. Other supporting documents that would establish the probable cause (e.g evidence)
DUTIES OF AN INVESTIGATION OFFICER/PROSECUTOR
The investigating officer has 10 days to decide whether:
1. To dismiss the complaints if he finds NO GROUND to conduct the investigation; or
2. To issue a SUBPOENA in case he finds the need to continue with the investigation.
Thanks for sharing your knowledge with us, Atty.!
SABONG, ROVILYN M.
BS. CRIMINOLOGY 3C4
JAVIER, KAYCE R.
3C1
Thank you Sir for the lesson today. Here is my summary notes regarding PRELIMINARY INVESTIGATION RULE 112.
Nature of Right to Preliminary investigation
It is an inquiry, there is proceeding on determining whether or not there is sufficient reason 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. It is not a formal trial in court. This is conducted not by the court of law but by the DOJ through National Prosecution Service. It is a determination whether there is a sufficient evidence that a crime is committed and the respondent charged is probably guilty thereof.
PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED
Not all crimes or offenses requires preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation. As a general rule a penalty imposable is at least 4 years, 2 months and 1 day then preliminary investigation is required.
DOCUMENTS ACCOMPANYING THE COMPLAINT
The complaint should attached the affidavit of the complainant, of his witness and other supporting documents that would establish probable cause.
DUTY OF INVESTIGATING OFFICER
(Investigating Prosecutor)
Within 10 days the investigating officer from the start of filing the complaint he has two option (1) outright dismissal, if he finds no ground to conduct the investigation (2) issue a subpoena in case he finds the need to continue with the investigation
FILING OF MOTION TO DISMISS DURING PRELIMINARY INVESTIGATION
As a general rule a motion to dismiss is not an accepted pleading. The exception is when it contains countervailing evidence or defenses and evidence which rebuts or repudiated the charges; in which case it will be treated as counter affidavit.
PURPOSE OF PRELIMINARY INVESTIGATION
(1) To determine if the crime has been committed (2) To protect the accused from inconvenience, expense and burden of defending himself in a formal trial (3) To secure the innocent against hasty, malicious and oppressive prosecution (4) To protect the State from having to conduct useless and expensive trial and (5) To determine the amount of bail, if the offense is bailable.
TORIO, SERJOE G.
BS CRIMINOLOGY - 3C3
These are some points i have learned:
PRELIMINARY INVESTIGATION (RULE 112)
Its Purpose, Period when preliminary investigation is required to be conducted
Duty of the Investigating Officer and Duty of the prosecutor after the termination of Investigation
Rights of the respondent in a preliminary investigation
Persons authorized to conduct investigation
Court interference in the conduct of preliminary investigation
Party to conduct preliminary investigation in election cases
TEJADA, CHUSTYN L.
3C1
This is the summary of my understanding with regards to the Preliminary Investigation Rule 112
The main components of the preliminary investigation includes (1) it is an inquiry or proceeding of determination which determines whether there is a sufficient ground to engender a well-founded belief that a crime has been occurred. Moreover, a preliminary investigation is not a formal trial, hence, it was conducted by the Department of Justice. It is a determination whether there is a sufficient evidence that a crime is committed and the respondent charged is PROBABLY guilty. The only question during the preliminary investigation is whether the accused might have probably committed the crime. Also, the preliminary investigation is not a formal trial on merits.
On the period when preliminary investigation is required to be conducted, it was stated there that not all offenses or crimes require preliminary investigation. As a general rule, before filing of a complaint or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine. As exceptions, where an information or complaint is filed pursuant to Sec 7, Rule 112 and the person is lawfully arrested without a warrant.
Moreover, the documents accompanying the complaint shall attach the (1) affidavit of the complainant; (2) affidavit of his witness; and (3) other supporting documents that would establish probable cause.
Duty of the Investigating Officer
That the investigating officer has 10 days to decide on the options they should take, whether to dismiss the complaint if he finds no ground to conduct the investigation or to issue a subpoena in a case he finds the need to continue with the investigation.
On the filing of motion to dismiss during preliminary investigation, as a general rule, a motion to dismiss is not an accepted pleading. However as an exception, when a complaint contains countervailing evidence or defenses and evidence which rebuts or repudiated the charges; in which case it will be treated as counter affidavit.
Also, during a preliminary investigation, the clarificatory hearing is not mandatory.
Duty of prosecutor after the termination of Investigation
Within 10 days, the prosecutor shall determine whether or not there is sufficient ground to hold respondent for trial; afterwards, if the investigating officer finds cause to hold the respondent for trial, he shall prepare the resolution and information. Otherwise, he shall recommend the dismissal of the complaint.
Purpose of preliminary investigation includes the following: (1) to determine if the crime has been committed; (2) to protect the accused from inconvenience, expense and burden of defending himself in a formal trial; (3) to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation; (4) to protect the State from having to conduct useless and expensive trial; and (5) to determine the amount of bail, if the offense is bailable.
The preliminary investigation is deemed waived when it express waiver or by silence, failure to invoke it during arraignment and consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation.
In this video recorded lecture, I have learned about the preliminary investigation which was defined as an inquiry, or proceeding to determine whether there is a sufficient ground to engender a well founded belief a crime has been committed and the respondent is probably guilty thereof and should be held for trial. Preliminary investigation is not a formal trial in court. The rules of court uses the word " probably" since the respondent is not yet guilty since when the resolution of the prosecution is issued they were still finding for the probable cause. The quantum of evidence to find probable cause is a very low standard of evidence. The question here is that whether the accused might have probably committed a crime. The nature of preliminary investigation is mere inquisitorial and a means of determining a person s who may be reasonably charged with a crime. While in court, the nature of the proceedings is adversarial.
Period when preliminary investigation is required to be conducted
- not all offenses, not all crimes, not all felonies require preliminary investigation.As a general rule, before filing a complaint or information, when the penalty prescribed by law is imprisonment for at least 4 years 2 months and 1 day, then preliminary investigation is required. If the offense is punishable by imprisonment is less than the threshold period of imprisonment, then it does not require preliminary investigation.If the accused is caught acms actually committing a crime, it is considered in flagarante delicto.
If a person is arrested without warrant of arrest, preliminary investigation is not applicable instead conduct an inquest.
A valid warrantless arrest can be done in in flagrante delict crimes, in hot pursuit, on escapee in detention facility.
Documents accompanying the complaint
- the affidavit of the complainant
- the affidavit of his witnesses ; and
- other supporting documents that would establish probable cause
Duty of the Investigating Officer
1. From the filing of complaint, the Prosecutor has 10 days to decide on which of the following options to take.
He can dismiss outright if he finds no ground to to conduct preliminary investigation. He can issue a subpoena in case he finds the need to continue with an investigation together with the documents required. These are the complaints and other supporting affidavits.
Filing a motion to dismiss during preliminary investigation
- As a general rule, a motion to dismiss is not an acceptable pleading for it merely alleges the innocence of the respondent without rebutting their evidence on the complainant.
BILOG,JOHNDANWILL J.
BSCRIMINOLOGY 3C3
in this video series ilearned about PRELIMINARY INVESTIGATION it is an inquiry,which means there is an inquisition or proceeding to determine whether or not there is sufficient reason to believe a crime has been committed.and also it is not a formal court trial it is conducted by the department of justice through the national prosecution service,whethet it is the provincial prosecutor it is the office of provincial prosecutor or the office of city prosecutor,as the case may be.The purpose of preliminary investigation is to determine the sufficienct of evidence for the purpose of filing an information in court;it is not a trial on the merits,which means that the technical rules of evidence will not apply or donot apply in Preliminary Investigation.
Landicho, Kenneth N.
3C2
Preliminary investigation rule 112 nature of the right of a preliminary investigation is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and that respondent is probably guilty through us and should be held for trial this are the main components of a preliminary investigation there is an inquisition or proceeding of determination now that inquiry is to determine whether or not is a sufficient reason to engender a well-funded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held in preliminary investigation
Preliminary investigation Is not a formal trial in court as a matter of fact
Quantum of evidence or the weight of evidence necessary for the prosecutor to find probable cause low standard of evidence to be determined during preliminary investigation
Preliminary investigation and information is filed in court, the nature of a preliminary investigation it is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime so it is
There are two opposing parties:
1. The prosecution and the defense
2. The prosecution the people of the
Philippines is represented by the public prosecutor and then the accused might be represented by the public attorney or if he has a private counsel by a defense counsel
Not all crimes not all felonies require preliminary investigation there are some crimes which do not require the conduct of preliminary investigation
Person is lawfully arrested without a warrant provided that inquest was made in accordance with rule 112
Section six okay these are the exceptions where preliminary investigation is not required a complaint or information can be filed directly in court you do not know
Offenses which do not require preliminary investigation under the general rule if the offense is punishable by imprisonment of at least four years two months and one day then offenses which are punishable by imprisonment of less than period of imprisonment it does not require preliminary investigation, if the imprisonment is less than four years two months and one day and by an imprisonment of less than four years two months and one day
Offense is punishable by imprisonment four years two months and below
that it does not require preliminary investigation
In Flagrante Delicto valid warrantless arrests under the rules of court the first warrant this arrest is arrested in flagrante delicto
If the accused has been caught as committing a while the accused is committing the crime no so that is when a person is lawfully arrested without a warrant
not provided that an inquest was made in accordance with rule 112.
The right of the people to be secured in their persons houses papers and effects shall be invaluable and no search warrant or warrant of arrest shall issue except upon probable costs to be determined personally by the judge after the examination and the oath of
According to the constitution no person may be arrested without a warrant of arrest but then again the rules of court
Provide for the exceptions:
Person may be arrested even without the benefit of a warrant of arrest in accordance with the constitution
If a person is arrested even without a warrant of arrest then cannot conduct
a preliminary investigation instead conduct inquests
Illegal detention article 125 of the revised penal code
during a preliminary investigation
Preliminary investigation a motion to dismiss is not an accepted for it merely alleges the innocence o the respondent without rebutting or repudiating the evidence of the complainant non-motion to dismiss exception when it contains countervailing evidence or defences and evidence which rebuts the charges in which case it would be treated as a counter affidavit the complaint affidavit was poorly written and on the basis of those evidence contained in the complaint motion to dismiss because the complaint in itself have admitted some countervailing
Preliminary investigation as a general rule the court cannot interfere in the conduct of preliminary investigations leaving investigation or the investigatory officers a sufficient discretion to determine probable cause exception to this rule is when the acts of the officer are without or in excess of authority resulting to a grave abuse of discretion
The ombudsman has the primary authority to investigate and it has the exclusive authority to file and prosecute sandigang bayan
, This is a special court ombudsman is authorized to take over at any stage from any investigatory agency of the government the investigation of such party cases conduct preliminary
Investigation in election cases commission on elections or the comelec who is vested with the power to conduct preliminary investigations comelec can deputize other prosecuting arms of the government to conduct preliminary investigation and prosecute offenses.
ISLETA, NOELL BRIAN G. 3C3
The summary of what I've learned during the video recorded lecture on Preliminary investigation is as follows:
Preliminary Investigation is an inquiry made by the officer upon the apprehension of such offender.
It is not a formal trial which is conducted at a court of law. And respondents where not subject for punishment because in our law system which is an adversarial one, a person is innocent until proven guilty. There must be a probable cause for the respondent to be guilty of any cases charged against him.
Another thing that I've learned is that in preliminary investigation, a quantum of evidence is low. And a trial on the offender will only proceed once the preliminary investigation has been conducted.
Period when preliminary investigation is required to be conducted:
As a general rule, a crime which is imposable for atleast 4years, 2months and 1 day is required for a preliminary investigation. The exceptions is that if the crime has an imprisonment of 4years 2 months and 1day and if the person is arrested without a warrant of arrest (inflagrante delicto).
Moreover, the delay in the delivery of a detained person under Article 125 of the RPC has been discussed namely;
12hours - light penalties
18hours - correctional penalties
36hours - afflictive penalties
Anothe thing is that all evidence that will prove the probable cause and be filed on the complaint during the preliminary investigation.
The duty of the investigation officer was also discussed namely;
- to dismiss the case charged if the duty investigator found out that there isn't sufficient evidence to charge on the person arrested.
- issue a subpoena or the copy of the complaint which is supported by the affidavit and evidences obtained.
A complainant must file a complaint affidavit.
While a respondent must file a counter affidavit.
In filling of motion to dismiss during preliminary investigation:
As a general rule, a respondent is not allowed to file a motion to dismiss.
But the exception is that:
-in complaint, self admitted countervailing evidence for the defense of the respondent.
While the duty of the prosecutor after preliminary investigation has been rendered is that:
-he must determine if there is a sufficient ground to file a case against the respondent within 10days upon receipt of complaint
-he must have taken a resolution base on the evidence presented.
Resolution is a conclusion or findings of an investigating prosecutor to the nature of facts presented.
Information, on the other hand, contains the act or ommission of crime of the respondent.
The prosecutor's duty is to issue a subpoena and review the facts and must have recommended for the dismissal of the case or not.
The last thing that I've learned is that the purpose of preliminary investigation which is;
-to determine the crime that has been committed (if there is any)
-to protect the accused from inconvenience, expense and burden of trial (if they where not the ones liable for the commission of a crime)
-to prove or secure innonce of a person
-to protect the state (against misdemeanor and similar acts)
-to determine the amount of bail if bailable (to avoid improper charging of offense to a person arrested)
Thank you sir.
Good Day!
Summary of Preliminary Investigation
- engender a well founded belief that the crime has been committed and the respondent is probably guilty thereof.
- it is merely iquisitional
- not a formal trial on merits.
Period when Preliminary Investigation is Required to conducted.
- not all crime are required to conduct preliminary investigation.
- penalty prescribed by law is imprisonment of at least 4 years, 2 months and 1 day withoud regard to the imposable fine.
Exception.
- complaint or information is filed directly in court
- for cases requiring preliminary investigation that a peraob is lawfully arrested without warrant that is the time that inquest proceding was made.
Document Accompanying the Complaint
1. The affidavit of the complainant
2. The affidavit of hus witnesses and
3. Other supporting document that would establish probable cause.
-all the evidence and statement will attached prove the the probable cause during preliminary investigation.
Duty of Investigating Officer
1. To dissmiss the complaint
2. To issue a subpoena
Filing in Motion to Dismiss During Preliminary Investigation
- a motion to dismiss is not an accepted pleading
Exception
- when it contains countervailing evidence or defense.
Clarificatory Hearinf Not Mandatory
- hearing may be set when there are facts and issues to be clarified either from a party or witness.
Remember:
- the parties do not have the right to examine or cross-examine each other or the witnesses.
- if they have question, they shall submit the question to investigating officer.
Duty of Prosecutor after the termination of Investigation.
- within 10 days from the termination of the investigation, the investigating prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial.
- afterwards, if the investigating officer finds cause to hold the respondent for trial he shall prelare the resolution and information.
- otherwise, he shall recommend the dismissal of the complaint
Purpose of Preliminary Investigation
- to determine if the crime has been committed
- to protect the accused from inconvinience
- to secure the innocent against hasty
-to protect the state from having to conduct useless and expensive trial
- to determine the amount of bail, if the offense is bailable.
Waiver of the right to preliminary investigation
-express waiver or silence
-failure to invoke it during arraignment
- consenting to be arraigned and entering a plea of not guilty without invokinh the right to preliminary investigation.
Absence of Preliminary Investigation
- become a ground for a motion to quash
- affect the court's jurisdiction
- impair the validity of the information
- release the respondent or nullify the warrant of arrest against him.
Rights o the Respondent in a Preliminary Investigation
1. Submit a counter affidavit
2. Examine the evidence submitted by the complainant at his own expense
3. Be present during the clarificatory hearing.
Who Conduct Determination of Existemce of Probable Cause?
1. Provincial or city Prosecutor
2. National and Regional State Prosecutor
3. Other officers as may be authorized by law.
Ombudsman has primary authority to investigate and exclusive authority to file and prosecute Sandigan Bayan Cases
Party to Conduct Preliminary Investigation in Election Cases
COMMELEC is vested the power to conduct preliminary investigation. It may deputized other prosecuting arms of the government to conduct preliminary investigation and prosecute offenses.
THANK YOU SIR.
ALVAREZ, JONEL L.
3C2- BS CRIM
UMALI, ANGELICA JANE M.
3C2
I've learned a lot in Rule 112 Preliminary Investigation.
Nature of the Right
The main components of a preliminary investigation is an inquiry no there is an inquisition or proceeding of determination now that inquiry is to determine whether or not now there is a sufficient reason to engender a well-funded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held for trial. Preliminary investigation is not a formal trial in court as a matter of fact when you say preliminary investigation this is conducted not by the courts of law but by the department of justice through the national prosecution service be it office of the provincial prosecutor or the office of the city prosecutor as the case may be now a preliminary investigation is determination whether there is a sufficient evidence that a crime was committed and that number two the respondent charge is probably guilty thereof The word probably the word probably which qualifies whether the respondent is guilty of the crime. The rules of court uses the word probably because when a resolution is issued by the prosecutor's office finding probable cause that means that the respondent is not yet guilty of the crime charge which is why the word guilty under Rule 112 Section 1 is qualified by the word probably meaning it is only a probable cause, respondent could have probably committed it does not mean that the respondent is actually guilty beyond reasonable doubt of the crime charge during preliminary investigation the quantum of evidence or the weight of evidence necessary for the prosecutor to find probable cause now is only a very low standard of evidence the only question to be determined during preliminary investigation is not whether the accused is guilty of the crime charge beyond reasonable doubt the only question in a preliminary investigation is whether the accused might have probably committed the crime or not. In a preliminary investigation the quantum of evidence is very low, the only question as a matter of fact is whether the accused is probably which is why after the conduct of preliminary investigation information is filed in court and that the trial will proceed in court. Preliminary investigation is a prelude for a formal trial in a court of law.
-It is inquisitorial, as opposed to antagonistic, no because when you reach the courts. There are two opposing parties the prosecution and the defense. The prosecution is represent the people of the Philippines; represented by the public prosecutor and then the accused might be represented by the public attorney or if he has a private counsel by a defense counsel or counsel for the accused. In court the nature of the proceedings is adversarial no adversarial there are adversaries for the prosecution and for the accused there are two parties. In a preliminary investigation the nature is merely inquisitorial, it is not adversarial. When you saying inquisitorial the purpose of preliminary investigation is to determine sufficiency of evidence for the purpose of filing information in court it is not a trial of the case on merits. A preliminary investigation is not a trial of the case on merits. When you say that a preliminary investigation is not a trial on merits that means that the technical rules on evidence will not apply in preliminary investigation. It is not a formal trial on merits
Period when preliminary investigation is required to be conducted
Not all offenses, not all crimes, not all felonies require preliminary investigation. There are some crimes which do not require the conduct of preliminary investigation. A complaint or information can be filed directly in court, yyou do no longer have to file a complaint affidavit before the prosecutor's office. You can file your complaint directly in court now. Direct filing, you no longer have to undergo preliminary investigation before the office of the prosecutor. If the offense is punishable by imprisonment of at least four years two months and one day then preliminary investigation is required then you go file your complaint before the prosecutor's office.
If the accused had been lawfully arrested without the benefit of a warrant of arrests, called in flagrante de licto arrest; valid warrantless arrests under the rules of court, the accused has been caught as committing a crime while the accused is committing the crime. When a person is lawfully arrested without a warrant not provided that an inquest was made in accordance with rule 112.
The instances of warrantless arrest
Constitutional provision, under section 2 of article 3 of the constitution class, The right of the people to be secured in their persons houses papers and effects shall be invaluable and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after the examination and the oath of the complainant and the witnesses he may produce particularly describing the place to be searched and the persons or things to be seized. No person may be arrested without a warrant of arrest. The rules of court provide for the exceptions under these instances a person may be arrested even without the benefit of a warrant of arrest in accordance with the constitution. If a person is arrested even without a warrant of arrest then you do not conduct a preliminary investigation instead you conduct inquests, valid warrantless arrests, inquest proceedings prosecutor conducted it.
Illegal detention, Article 125 of the Revised Penal Code Penalty
Duty of the Investigating Officer
In practice Investigating Prosecutor
Outright dismissal- if the investigating prosecutor finds no ground to conduct investigation then he will dismiss outright your complaint. If there is a ground to continue for the investigation then the investigating prosecutor will issue the subpoena and allow the respondent to file his or her counter and then the responded counter affidavit now the investigating prosecutor will have to attach to the subpoena the copy of the complaint and the supporting affidavits and evidence. We began a period of time within which to file his or her counter affidavit.
Duty of the prosecutor after the termination of the investigation
Resolution and conclusion findings not investigating prosecutor the only narration of facts allegations whose arguments is more weighty than the other the investigating prosecutor will calibrate the evidence the soundness of the arguments and the logic the consistency factual and legal resolution
facts okay that is resolution under your information, you demand it will contain the act or omissions complained of constituting the crime information, otherwise if the investigating prosecutor does not find a ground to hold responded for trial.
He shall recommend the dismissal of the complaint, recommend investigating prosecutor. Under our prosecutorial system thre are two, in charge in during preliminary investigation investigating prosecutor meaning subpoena affidavits but the resolution is merely recommendatory in nature that the findings of the investigating prosecutor is merely recommendatory provincial prosecutor or city prosecutor as the case may be. Investigating prosecutor and approving authority and that is the provincial prosecutor or the city prosecutor under our prosecutorial system. it guards the conduct of the preliminary investigation from what corruption. Investigating prosecutor for example there is a bias.
DE LUNA JR., DOMINADOR A.
3C4
Regarding in this Video recorded lecture that has been uploaded, In terms of the importance of preliminary investigation and also the purpose of preliminary investigation wherein the preliminary investigation it is conducted for the cases by the Virtue of Warrant.
In defining Preliminary Investigation it refers to an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime cognizable by the Regional Trial Court has been committed and that the respondent is probably guilty thereof and should be held for trial.
The term “RESPONDENT” additional information, it used by the prosecution pillar since the individual who called respondent was considered as innocent without executory or final judgement. In addition, probably guilty thereof and should undergo for trial while the term “PROBABLY” on the definition of preliminary investigation it means when a resolution issue filing probable case is not yet guilty on the said criminal liabilities.
Thus preliminary investigation it is not formal trial for merits.With regards to the Period when Preliminary Investigation is required to be conducted, but first it is important to know those cases where preliminary investigation is not required. As a general rule before filing of a compliant or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years and 2 months and 1 day without regard to the impossable fine (SEC. 1 RULE 112)
Therefore those 4 years below is not required to undergo preliminary investigation. Meanwhile, the Exceptions of preliminary investigation (A). Imprisonment less than 4 years, 2months and 1 day. ( B) Lawfully arrest without benefit of warrant such as in flagrante delicto arrest- if the police officer caught in the act that the suspect was actually committing a crime. Hence warrant arrest the only person was responsible to issue is the judges further the person responsible the conduct inquest proceedings is the prosecutor. Moreover there are documents that should be provide and file in specific or required time such as the affidavits of the complaint, affidavits of his witness and last other supporting documents that would establish probable cause.
With regards to the duty of the investigating officer or the so called investigating prosecutor that within 10 days the investigating officer from the start of filing the complaint he has two option. First, outright dismissal, if he finds no ground to undergo or conduct investigation. Second, to issue a subpoena in case he finds the need to continue with the investigation. When it comes to filing of motion to dismiss during preliminary investigation, general rule: the motion to dismiss is not an accepted pleading for merely alleges the innocence of the respondent without rebutting or reprudiating the evidence of the complaint. Exceptions: when it contains countervailing evidence or defences and evidence which rebuts or repudiates the charges; in which cases it will be treated as a counter affidavit.
Lastly, the things that must have been take into consideration was the purpose of preliminary investigation and its application firstly in determining if the crime has been committed and the probable cause can be accompanied.
Second, in protecting the accused from inconvenience, expense and burden of defending himself in a formal trial.
Third, is to secure the innocent against hasty, malicious and oppressive prosecution.
Last is to protect the state from useless and expensive trial when the case actually is waste of time and to determine the amount of bail, if the offense that has been filed is bailable.
PRELIMINARY INVESTIGATION RULE 112
In this video lecture i learned that the preliminary investigation purpose is to know whether the accused might have "PROBABLY" committed a crime or not.
It is also said that the nature of preliminary investigation is merley inquisitorial. Or to (determine sufficiency of evidence and not a trial of a case on merits or not formal trial on merits).
Also, in here the Court proceeding is adversarial.
-NOT ALL CRIMES REQUIRED PRELIMINARY INVESTIGATION.
If penalty imposable is atleast 4 years, 2months and 1 day then preliminary investigation is required. But when imprisonment is less than 4 years, 2months and 1 day, it is required to have preliminary investigation.
Illegal detention- turn over already on the prosecutor on duty for inquest.
-Delay in delivery of the detained person under Art.125
12 hours- light penalties
18 hours- correctional penalties
36 hours- afflictive penalties
Complaint- file complaint affidavit
Respondent- file counter affidavit
Duty of the prosecutor after the termination of investigation. Within 10 days they have to determine whether or not there is sufficient ground. Resolution, resolve the complaint.
Resolution- conclusion, findings of the investigating prosecutor to the nature of facts and evaluate the facts.
Information- contain the act or omission and constitution of the crime.
*Under the prosecutorial system, two incharge during preliminary investigation.
*Investigating prosecutor issue subpoena, review the facts and resolve but the provincial or city prosecutor will have approving authority and the investigating prosecutor is for recommendation of dismissal or not.
Purpose of preliminary investigation:
Determine of crime has been committed, Protect the accused from inconvenience, expense and burden of trial, To secure innocent, Protect state, Determine amount of bail if bailable.
Balasbas Julius L.
3c1
PASTRANA, KATRINE L.
3C2
PRELIMINARY INVESTIGATION RULE 112
PRELIMINARY INVESTIGATION (DEFINITION)
- Is an inquiry or proceeding to determine whether there is a sufficient ground to engender a well-founded belief that a crime has been committed and that respondent is probably guilty of a crime.
- Preliminary Investigation is determination whether there is a sufficient evidence that- (1) a crime was committed; (2) the respondent charge is probably guilty thereof.
- Prelude for a formal trial in a court of law.
MAIN COMPONENTS OF A PRELIMINARY INVESTIGATION
1. To determine whether is a sufficient reason to engender a well-funded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held in for trial.
NOTE:
- Preliminary investigation IS NOT A FORMAL TRIAL in court. This is just conducted not by the courts of law but by the Department of Justice through the National Prosecution Service be it office of the Provincial Prosecutor or the office of the City Prosecutor as the case may be.
- Preliminary investigation is not a trial on merits that means that the technical rules on evidence will not applicable in a preliminary investigation.
PROBABLY- is used to determine whether the respondent is guilty of the crime charge or not.
QUANTUM OF EVIDENCE (weight of evidence) - it is used in the preliminary investigation so that the prosecutor find a probable cause in a crime that was committed by a perpetrator.
Preliminary Investigation is a prelude for a formal trial in a court of law.
NATURE OF A PRELIMINARY INVESTIGATION- it is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime.
ADVERSARIAL
- There are two opposing parties
(1) PROSECUTION
- People of the Philippines is represented by the public prosecutor
(2) DEFENSE
- Represented by a public attorney, and or private counsel or by a defense counsel
INQUISITORIAL- its purpose in the preliminary investigation is to determine sufficiency of evidence for the purpose of filing an information in court.
“NOT ALL OFFENSES, CRIMES OR FELONIES REQUIRE PRELIMINARY INVESTIGATION”.
GENERAL RULE
- Before the filing of a complaint or information for an offense when the penalty prescribed by law is imprisonment of at least four years two months and one day without regard to the impossible fine.
If the penalty imposable for the crime charged is at least four years, two month and one day if the crime then preliminary investigation is required.
EXCEPTIONS
1. Where an information or complaint is filed pursuant to Section 7 Rule 112. If the complaint or information is filed directly in court.
- You will no longer have to file a complaint affidavit before the Prosecutor's Office. You can file your complaint directly in court
2. For cases requiring preliminary investigation that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Section 6 of Rule 112.
- This includes the WARRANTLESS ARREST.
- Doesn’t need preliminary investigation instead you will conduct inquests proceeding.
DOCUMENTS ACCOMPANYING THE COMPLAINT
1. The affidavits of the complainant;
2. The affidavit of the witnesses; and
3. Another supporting documents that would establish probable investigating officer.
DUTIES OF THE INVESTIGATING OFFICER
- From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take.
1. To dismiss the complaint if he finds no ground to conduct the investigation; or
2. To issue subpoena in case that he find the need to continue with the investigation.
FILING A MOTION TO DISMISS DURING THE PRELIMINARY INVESTIGATION
GENERAL RULE
“In preliminary investigation, a motion to dismiss is not an accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complainant”.
EXCEPTION
- When it contains countervailing evidence or defenses and evidence which rebuts or repudiates the charges; in which case it would be treated as a counter affidavit.
EXAMPLE: The complaint affidavit was poorly written and on the basis of those evidence contained in the complaint is motion to dismiss.
CLARIFICATORY HEARING NOT MANDATORY
“A hearing may be set by the investigating officer only when there are facts and issues to be clarified either from a party or a witness which shall be conducted within 10 days from the submission of the counter-affidavit and other affidavits and documents filed by the respondent”.
NOTE:
1. The parties do not have the right to examine or cross-examine each other or the witnesses.
- The nature of preliminary investigation is inquisitorial it is not adversarial examination.
2. If they have questions to ask they shall submit the questions to the investigating officer who shall ask the questions.
DUTY OF THE PROSECUTOR AFTER THE TERMINATION OF THE INVESTIGATION
- Within 10 days from the termination of the investigation the investigating prosecutor shall determine whether or not there is a sufficient ground to hold the respondent for trial. The prosecutor will determine whether or not there is a sufficient ground to hold the respondent for trial.
- Afterwards if the investigating officer finds cause to hold the respondent for trial,he shall he shall prepare the resolution and information.
RESOLUTION VS. INFORMATION
RESOLUTION
- Conclusion or findings of investigating prosecutor.
- There are narration of facts such as allegations of complainant and or the defenses of the respondents.
- The investigating prosecutor will calibrate the evidence, soundness of the arguments, and the logic of consistency factual and legal
- Merely recommendatory of the provincial prosecutor as the case may be.
INFORMATION
- It is a demand that will contain the act or omissions complained of constituting the crime.
PURPOSE OF PRELIMINARY INVESTIGATION
1. For the investigating prosecutor to determine if the crime has been committed;
2. To protect the accused from inconvenience expense and the burden of defending himself in a formal trial unless probability of his guilt is first asserted 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 and the anxiety of a public trial;
4. To protect the state from having to conduct useless and expensive trial
5. To determine the amount of bail if the offense is bailable.
WAIVER OF THE RIGHT TO PRELIMINARY INVESTIGATION
It shall be deemed waive by:
1. Express waiver of by silence;
2. Failure to invoke during arraignment; and
3. Consenting to be arraigned and entering a plea of not guilty without invoking the right to preliminary investigation.
NOTE: The waiver whether expressed or implied must be in a clear and unequivocal manner (there is no doubt or it is not susceptible of different interpretations and preliminary investigation is only a statutory right and not unconstitutional right).
ABSENCE OF PRELIMINARY INVESTIGATION
Absence of preliminary investigation does not:
1. Become a ground for motion to quash the complaint or information as it does not impair the validity of the information or affect the jurisdiction of the trial court;
2. Affect the court's jurisdiction but merely the regularity of the proceedings;
3. It impairs the validity of the information and justify the release of the respondent or nullify the warrant against him.
RIGHTS OF THE RESPONDENT IN A PRELIMINARY INVESTIGATION
1. The respondent can submit a counter affidavit;
2. Examine the evidence submitted by the complainant at his own expenses; and
3. Be present during the clarificatory hearing. now who may conduct
PROBABLE CAUSE IN A PRELIMINARY INVESTIGATION
- Defined as the existence of such facts and circumstances as would excite belief in a reasonable mind acting on the acts within the knowledge of the prosecutor, that the person charge was prosecuted. It is not a pronouncement of the guilt.
PERSONS AUTHORIZED TO CONDUCT INVESTIGATION a preliminary
1. Provincial or City Prosecutor and their assistant;
2. The National and Regional State Prosecutors;
3. Officers as may be authorized by law (for example the ombudsman authorized officer deputized by COMELEC for election).
COURT INTERFERENCE IN THE CONDUCT OF PRELIMINARY INVESTIGATION
GENERAL RULE
“The court cannot interfere in the conduct of preliminary investigations, leaving investigatory officers sufficient discretion to determine probable cause”.
EXCEPTION
- When the acts of the officer are without or in excess of authority resulting to a grave abuse of discretion.
EXTENT OF AUTHORITY OF THE OMBUDSMAN IN THE CONDUCT OF PRELIMINARY INVESTIGATION
- The ombudsman has the primary authority to investigate and it has the exclusive authority to file and prosecute Sandiganbayan Cases.
- The ombudsman is authorized to take over at any stage from any investigatory agency of the government, the investigation of such cases.
PARTY TO CONDUCT PRELIMINARY INVESTIGATION
- The commission on elections is vested with the power to conduct preliminary investigations.
- It may deputize other prosecuting arms of the government to conduct preliminary investigation and prosecute offenses.
3C4 B.S CRIMINOLOGY
AREVALO, NIKKA BABES B.
Thank you, Sir.
In this topic, I’ve learned about Preliminary Investigation
NATURE OF RIGHT
1. it is an inquiry, a preceding of determination whether there’s a sufficient ground to engender a well-founded belief that crime has been committed and the respondents is probably guilty
2. it is merely inquisitorial (to determine the sufficiency of evidence for the purpose of filing information to court)
3. it is not a trial
PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED
- Not all crimes/felonies require preliminary investigation.
- If the penalty is at least 4 years 2 months and 1 day without regard the imposable fine preliminary investigation is required otherwise not.
- Exemption:
1.) Complaint or information is filed directly in court.
2.) lawfully arrest without warrant
DUTY OF THE INVESTIGATING OFFICER
- Within 10 days from the termination of investigation, shall determine whether or not there is sufficient ground to hold the respondents for trial.
- If the officer finds cause to hold respondents to trial, he shall prepare the resolution and information
- Otherwise recommend for the dismissal of the complaint
PURPOSES OF PRELIMINARY INVESTIGATION
1. For the investigation prosecutor to determine if the crime is committed
2. To protect the accused from inconvenience, expense, and burden defending himself
3. to secure innocent from hasty, malicious, and oppressive prosecution
4. to protect the state from having useless and expensive trial
5. to determined the amount of bail.
WAIVER OF THE RIGHT TO PRELIMINARY INVESTIGATION
- Preliminary Investigation is statutory
It shall be deemed waived by
1. express waiver or by silence
2. failure to invoke during arraignment
3. concerning to be arraigned and entering a plea of not guilty
ABSENCE OF A PRELIMINARY INVESTIGATION
- Does not:
1. become the ground of motion to quash
2. affects the court jurisdiction
3. Impair the validity of information
4. justify the release of respondents or nullify the warrant of arrest against him
RIGHTS OF THE RESPONDENT IN A PRELIMINARY INVESTIGATION
1. submit counter affidavit
2. examine the evidence by the complainant at his own expense
Be present during the clarificatory hearing
WHO MAY CONDUCT PRELIMINARY INVESTIGATION?
1. Provincial or city prosecutor and their assistance
2. National and Regional State prosecutor
3. other officer authorized by law
PROBABLE CAUSE IN PRELIMINARY INVESTIGATION
-the existence of such facts and circumstances that excite belief in a reasonable mind
PERIA, GAPCIE ROSE O.
3C4
In this lesson, I've learned that:
✓Nature of Rights
Preliminary Investigation
- there is an inquiry to determine whether or not there is sufficient reason to engender a well founded belief that a crime has been committed and the respondent is probably guilty and should be held for trial.
- is not a formal trial in court and it was conducted by the Department of Justice through National Prosecution Service.
- determines whether there is a sufficient evidence that a crime was committed and the respondent charge is probably guilty.
- the quantum of evidence is very low
- is merely inquisitorial, its purpose is to determine sufficiency of evidence for the purpose of filing an information in court
- technical rules does not apply in preliminary investigation (is not a formal trial on merits)
✓Period when preliminary investigation is required to be conducted
- there are some crimes which do not require the conduct of preliminary investigation, if the penalty is at least 4 years, 2 months and 1 day the it is required. Exceptions:
(a.) The complaint and information is filed directly in court
(b.) that the person is lawfully arrested without warrant.
- If the imprisonment is less than in 4 years, 2 months and 1 day does not require preliminary investigation.
✓ Documents Accompanying the Complaint
- The affidavits of complainants, affidavits of his witnesses and other supporting documents that would establish probable cause.
✓Duty of Investigating Officer
- Within 10 days the investigating officer will decide on which options to take:
(a.) To dismiss the complaint if he finds no ground to conduct investigation
(b.) To issue a subpoena in case he finds the need to continue with the investigation.
✓ Filing of motion to dismiss during Preliminary Investigation
-motion to dismiss is not an accepted pleading as to general rule, except when contains countervailing evidence or defenses and evidence which rebuts the charges.
✓ Purpose of Preliminary Investigation
- (a.) To determine if the crime has been committed;
(b.) To protect the accused from inconvenience, expense and burden of defending himself in formal trial;
(c.) To secure the innocent against hasty, malicious and oppressive prosecution;
(d.) To protect the State from having to conduct useless and expensive trial and
(e.) To determine the amount of bail, if the offense is bailable.
✓ Person authorized to conduct investigation
- (a.) Provincial or City prosecutors and their assistant
(b.) National and Regional State Prosecutors and
(c.) Other officers as may be authorized by law.
MAGBOO, JONALYN M.
3C1
Done watching Atty. This is what I have learned in your lesson.
PRELIMINARY INVESTIGATION RULE 112
NATURE OF RIGHT
It is an, inquiry, or proceeding to determine whether there is sufficient ground to engender a well-founded belief a crime has been committed and the respondent is probably guilty thereof, and should be held for trial ( Sec 1, Rule 112).
~ It is merely inquisitorial and a means of determining the persons who may be reasonably charged with a crime.
~ It is not a trial of the case on the merits (Herrera, 2007).
Period when preliminary investigation is required to be conducted
General Rule:
Before the filing of a complaint or information for an offense where the penalty prescribed by law is imprisonment of at least 4 years, 2 months and 1 day without regard to the imposable fine (Sec. 1, Rule 112).
Period when preliminary investigation is requiref to be conducted
Exceptions:
Where an information or complaint is filed pursuant to Sec. 7, Rule 112, i.e. the complaint or information is filed directly in court (Ibid);
For case requiring preliminary investigation, that a person is lawfully arrested without a warrant provided that inquest was made in accordance with Rule (Sec. 6, Rule 112).
Document Accompanying the Complaint
- The affidavits of the complaint
- The affidavits of his witnesses; and
- Other supporting documents that would establish probable cause Duty of the Investigating Officer
From the filing of the complaint, the investigating officer has 10 days within which to decide on which of the following options to take:
To dismiss the complaint if he finds no ground to conduct the investigation; or
To issue a subpoena in case he finds the need to continue with the investigation, in which c-se the subpoena shall be accompanied with the complaint and its supporting affidavits and documents ( Sec 3(b), Rule 112).
Filing of motion to dismiss preliminary investigation
General Rule:
a. "In preliminary investigation, a motion to dismiss is no6an accepted pleading for it merely alleges the innocence of the respondent without rebutting or repudiating the evidence of the complaint.
Exception:
When it contains countervailing evidence or defenses and evidence which rebuts or repudiates the charges; in which case it will be treated as a counter-affidavit.
LEUTERIO, JOHN PAUL O.
BS CRIMINOLOGY 3C4
Good day sir, In this video lecture I have learned the following:
PART 5
PRELIMINARY INVESTIGATION RULE 112
NATURE OF RIGHT.
- it is an inquisition to determine whether or not there is a sufficient reason to engender a well-founded belief that a crime has been committed and the respondent is probably guilty.
-it is inquisitorial as opposed to antagonistic when you reach the court, there are two opposing parties the prosecution, and the defense.
-a preliminary investigation is not a trial on merits, it means the technical rules on evidence will not apply.
PERIOD WHEN PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED.
- if the penalty imposable for the crime charged is at least 4 years 2 months and 1 day then a preliminary investigation is required.
EXCEPTIONS
-a complain of information is filed directly in court
-if the accused had been lawfully arrested without the benefit of a warrant of arrest "inflagrante delicto arrest"
DUTY OF THE INVESTIGATING OFFICER
-it the prosecutor finds no ground to conduct a preliminary investigation then he will dismiss outright the complaint
- if there is a ground to continue for the investigation then the prosecutor will issue the subpoena and allow the respondent to file his or her counter-affidavit.
PURPOSES OF PRELIMINARY INVESTIGATION
-determine if there is a crime committed
- preliminary investigation will protect the accused from inconvenience, expense, and burden of a public trial
-Protecting the innocent against hasty, malicious, and oppressive prosecution.
-Protect the state to conduct useless and expensive trials.
-Determine the amount of bail.
WAIVER OF THE RIGHT TO PRELIMINARY INVESTIGATION
-Express waiver by silence
-Failure to invoke it during arraignment
-It must be in a clear and unequivocal manner
ABSENCE OF A PRELIMINARY INVESTIGATION
- Does not become a ground for a motion to quasi
-Does not affect the court's jurisdiction
-Does not impair the validity of the information
-And justify the release of the respondent or nullify the warrant of arrest.
RIGHTS OF THE RESPONDENT IN A PRELIMINARY INVESTIGATION
-Can submit a counter affidavit
-Can examine the evidence embedded by the complainant at his own expense
-And being present during the clarificatory hearing
PROBABLE CAUSE IN PRELIMINARY INVESTIGATION
- it is the existence of such facts and circumstances as would excite belief in a reasonable mind.