DEPARTMENT OF JUSTICE National Prosecution Service

MANUAL FOR PROSECUTORS

TABLE OF CONTENTS

PAG E FOREWORD ACKNOWLEDGEMENT PART I. PROSECUTION OF OFFENSES Sec. 1. Criminal Action Sec. 2. How and Where Commenced Sec. 3. Complaint Sec. 4. Offended Party, Defined Sec. 5. Information Sec. 6. Sufficiency of complaint or information. Sec. 7. Other Essential Matters to be alleged in Complaint or Information Sec. 8. Additional Contents of a Complaint Sec. 9. Name of Accused Sec. 10. Designation of Offense Sec.11. Cause of Accusation Sec. 12. Place of the Commission of Offense Sec. 13. Time of Commission of Offense Sec. 14. Title of Complaint or Information Sec. 15. Contents of Caption of an Information Sec. 16. List of Prosecution Witnesses Sec. 17. Number of Offenses Charged Sec. 18. Amendment of Information or Complaint Sec. 19. Mistake in Form and Substance Sec. 20. How Period of Prescription Computed and Interrupted

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PART II.

INQUEST Sec. 1. Concept Sec. 2 Designation of Inquest Officer Sec. 3. Commencement and Termination of Inquest Sec. 4. Documents Required in Specific Cases Sec. 5. Incomplete Documents Sec 6. Presence of Detained Person Sec. 7. Charges and Counter-charges Sec. 8. Initial Duty of Inquest Officer Sec. 9. Where Arrest Not Properly Effected Sec. 10.Where Arrest Properly Effected Sec. 11. Inquest Proper Sec. 12. Meaning of Probable Cause Sec. 13. Presence of Probable Cause 12 Sec. 14. Contents of Information . 13 Sec. 15. Absence of Probable Cause 13

Sec. 16. Presetice at Crime Scene 13 Sec. 17. Sandiganbayan Cases 14 Sec. 18. Recovered Articles Sec. 19. Release of Recovered Articles

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PART III. PRELIMINARY INVESTIGATION Sec. 1. Concept of Preliminary Investigation 17 Sec. 2. Purpose of Preliminary Investigation 17 Sec. 3. Nature of Preliminary Investigation 17 Sec. 4. Effect of Amendment of Information 17 Sec. 5. Where Right of Preliminary Investigation may be Invoked 17 Sec. 6. Officers Authorized to Conduct Preliminary Investigation 17 Sec. 7. Commencement of Preliminary Investigation 18 Sec. 8. Complaint Sec. 9. Supporting Affidavits Sec. 10.Number of Copies of Affidavits Sec. 11.Barangay Certification Sec. 12.Lack of Barangay Certification Sec. 13.Initial Action on the Complaint Sec. 14. Dismissal ~f Complaint Sec. 15.Personal Service of Documents by Investigating Prosecutor Sec. 16 Service of Subpoena in Preliminary Investigation . Sec. 17. Where Respondent Cannot be Subpoenaed Sec. 18.Counter-Affidavit Sec. 19. Motion for Dismissal/Bill of Particulars Sec. 20. Consolidation 22 Sec. 21. Extension of Time 22 Sec. 22. Suspension of Proceedings 23 ~ec. 23. Concept of Prejudicial Question 23 ~ec. 24. Elements of Prejudicial Question 23 Proceedings 23 Sec. 26. Reply-Affidavits and Rejoinders 23 18 18 19 19 19 19 20 20 20 21 21 22

Sec. 27. Clarificatory Questions 24 Sec. 28. Submission of Case for Resolution 24 Sec. 29. Lack of Probable Cause Sec. 30. Finding of Probable Cause Sec. 31. Reopening of Investigation Sec. 32. Cases Transmitted by the Municipal Trial Judge . Sec 33. Memoranda Sec. 34. Period for Resolving a Case Sec. 35. Form of Resolution and Number of Copies Sec. 36. Contents of the Resolution Sec. 37. Caption of Resolution Sec. 38. Names of Parties Sec. 39. Case Number Sec. 40. Designation of Offense Charged . Sec. 41. Contents of Body of Resolution . Sec. 42. Parts of a Resolution Sec. 43.How Recommended Bail is Written Sec. 44.Recommended Bail Sec. 45.Parties to be Furnished with a Copy of the Resolution Sec. 46.Signature and Initials of Investigating Prosecutor . Sec. 47.Records of the Case Sec. 48.Action of the Provincial or City Prosecutor or Chief State Prosecutor on Resolution Sec. 49.Reversal by the Provincial or City Prosecutor or Chief State Prosecutor of Resolution of Investigating Prosecutor Sec. 50.Approval of Pleading by Head of Prosecution Sec. 52. Confidentiality of Resolutions 29 Sec. 53. Information/Complaint 29 Sec. 54. Documents to be Attached to Informationi Complaint 30 Sec. 55. Promulgation of Resolution 30 Sec. 56. Motion for Reconsideration 30 Sec. 57. Inhibition 30 Sec. 58. Period to Resolve Cases Under Preliminary Investigation 31 24 24. 24 25 25 25 26 26 26 26 26 26 27 27 28 28 28 28 28 28 28 28 29

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PART IV.

PETITION FOR REVIEW

Sec. 1. Subject of Petition for Review 34 Sec. 2. Period to File Petition Sec 3. Form and Contents 34 Sec. 4. Cases not Subject to Review; Exceptions 35 Sec. 5. Answer Sec. 6. Withdrawal of Petition 35 Sec. 7. Motion for Reinvestigation 35 Sec. 8. Disposition of Petition Sec. 9. Motion for Reconsideration Sec. 10. Effect of Filing of Petition PART V. BAIL Sec. 1. Bail Defined Sec. 2. Nature of Right to Bail Sec. 3. Non-Bailable Offense Sec. 4. Criteria in Recommending Amount of Bail Sec. 5. Burden of Proof in Bail Application Sec. 6. Recognizance Sec. 7. Bail, When not Required; Reduced Bail or Recognizance Sec. 8. Notice of Application for Bail to Prosecutor Sec. 9. Cancellation of Bail Bond Sec. 10.Arrest of Accused Out on Bail Sec. 11.No Bail After Final Judgment, Exception Sec. 12.Rules in Computing the Bail to be Recommended Sec. 13.Petition for Bail in a Continuous Trial

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38 38 38 38 38 39 39 39 39 39 39 40 41

PART VI. ARREST Sec. 1. Definition of Probable Cause as a Ground for an Arrest or Issuance of a Warrant of Arrest 43 Sec. 2. Remedy if no Warrant of Arrest is Issued by the Investigating Judge 43 Sec. 3. Request for a Copy of the Return 43

PART VII.

ARRAIGNMENT AND PLEA Sec. 1. Concept of Arraignment Sec. 2. Duties of Trial Prosecutor Sec. 3. Effect of Filing a Petition for Review . Sec. 4. Concept of Plea

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PART VIII. PRE-TRIAL Sec. 1. Concept of Pre-trial Sec. 2. Duties of Prosecutor Before and After the Pre-trial Conference Sec. 3. Subject Matters of Pre-trial

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5. Examination of Witness for the Prosecution Sec. Discharge of Accused to be State Witness Sec. 2. 17. Preparation of Formal Offer of Exhibits Sec. 4. Other Persons Who May Avail of the Witness Protection Program Sec. 2. Custody of Physical and Real Evidence Pending Trial PART X. Request for Subpoena Sec. 4. 19. 1. . Expeditious Prosecution of Criminal Cases Filed with the Courts Sec. 6. 3. 1. 18. Definition and Purpose of Motion to Quash 58 Sec.10. 2. MISCELLANEOUS MATTERS Sec. Rebuttal Evidence Sec. 16. Exception 50 50 50 50 51 52 52 53 53 53 53 54 54 54 54 55 55 58 59 59 59 60 PART XI. Meaning of "Appeal in Due Time 60 Sec. 11. 8. Discontinuance of Proceedings Sec. Cancellation of Travel Documents 62 62 . 7. Order of Trial Sec. 5. Definition of Trial Sec. MOTION TO QUASH Sec.. 14. Court Action Sustaining Motion to Quash Sec. 1. 10. Motions for Postponement of Accused Sec. 11. Amendment of Complaint or Information 59 Sec. Defense Evidence Sec. Nature of Order Denying Motion to Quash 59 Sec. 3. Grounds of Motion to Quash Sec.Sec. Form of Motion to Quash 58 Sec. Cross-Examination of Defense Witnesses Sec. TRIAL Sec. 8. 9. . Presentation of Witnesses Sec. 12. 9. Order Sustaining the Motion to Quash not a Bar to Another Prosecution. 13. Presentation of Evidence Sec. Witness Protection Sec. Plea of Guilty to a Lesser Offense Sec. 7.. Time to Move to Quash 58 Sec. When Accused Pleads Guilty to a Capital Offense . Nature of Court Order Granting a Motion to Quash Sec. Hold Departure Orders of Accused Persons Sec. 15. 6. 5. Concept of Trial Sec. Denial of Motion to Quash Sec. Sec. Order of Presentation of Witnesses . 47 48 PART IX. 4.

Release of Applicant for Probation 63 Sec. this work will be a useful teaching guide for those who ~~ire to be prosecutors and a handy reference book for the prosecutors in the field.Control of Case Record 71 70 Appendix "B-i". A compilation of pertinent provisions of the Rules on Criminal Procedure. Request for Release Of Recovered Articles 76 FOREWORD There is a need t~ ii~aintain the level of competence of our prosecutors to enable them t~ creditably perform their delicate tasks of prosecuting the guilty and protecting the innocent. NPS Form 2. NPS Form 3. TEOFISTO 1 GUINGONA. 5. Doubtless. JR Secretary . NPS Form 6. Request for Preliminary Investigation and Waiver of Article 125. NPS Form 4. 8. 3. Handling of Complaints Filed Against Public Officers and Employees 62 Sec. Comment on Application for Probation 63 Sec. 9. 6. 7. This Manual partly answers this need. Certification (For Information in Inquest Cases) 74 75 Appendix "B-S". Procedure in Cases Involving Children 64 APPENDICES Appendix 'A1.Sec. Department of Justice issuances and decisions of the Supreme Court. our people for fast and efficient justice. Release Order Of Detained Person 72 Appendix "B-2". We expect this Manual to be enriched and improved through use. 4. Hearing for Revocation of Probation 64 Sec. Notification of Prosecutor of the Filing of an Application for Probation 63 Sec. Revised Penal Code 73 Appendix "B-3". this Manual will help elevate the quality of prosecutorial ~ and answer the clamor ~i. Objection to Grant of Probation 63 Sec. ()~'3rcls this end any suggestions for its improvement will )C highly appreciated.

Guingona. I wish to acknowledge the rote of Rizal Provincial Prosecutor Gregono A. In this regard.Laguna Provincial Prosecutor George C. Santos and the following as members: then Assistant Chief State Prosecutor and now Chief State Prosecutor Jovencito R. The Committee was assisted in its work by former Rizal Provincial Prosecutor Mauro M.ACKNOWLEDGEMENT This manual was put together by a Committee created by Secretary of Justice Teofisto T. Jr. Assistant Chief State Prosecutors Nib C. Pasig City Prosecutor Antonio L. Rivera. under Department of Justice Order No. Dee and Rizal 2nd Assistant Provincial Fiscal Apolinario D. Quezon City Prosecutor Candido F. Brusel as. Exevea. Arizala and his team in putting the Manual in .153 dated 28 May 1996. Arellano. Liorente. Regional State Prosecutor Claro A. Mariano and Apolinario G. Zuno. Guerrero both of whom contributed valuable and refined insights into the work of a prosecutor. Jr. Castro and Deputy Ombudsman for Luzon Jesus F. The Body is headed by Assistant Chief State Prosecutor Francisco L.

153. Domingo for taking pains in reading the manuscript. Committee created under Department Order No. ISSUANCE OR JURISPRUDENCE . WHEN CHANGES OCCUR IN THE RELEVANT LAW.its final form and State Prosecutor II Teresita R. FILE THESE NEW PAGES AS SOON AS POSSIBLE TO KEEP YOUR MANUAL CURRENT AND COMPLETE.THESE CHANGES WILL BE FORWARDED TO YOU IN THE FORM OF NEW LOOSE LEAF PAGES. . RAMON J. series of 1996 NOTE THIS MANUAL IS DESIGNED TO BE REVISED AND UPDATED AS THE NEED ARISES. LIWAG Undersecretary Chairman.

2. Complaint. 1997 Rules of Civil Procedure. How and where commenced. 1 SEC. However. 2 Sec. any peace officer or public officer charged with the enforcement of the law violated.A criminal action is one by which the state prosecutes a person for an act or omission punishable by law. Criminal action. Rule 110. Rule 1. . PROSECUTION OF OFFENSES SECTION 1. Sec. 3. may be commenced only by the filing of the complaint with the Prosecutor's Office.RULES ON PROCEDURE IN THE INVESTIGATION. Example of public officer charged with the enforcement of the law violated: Bureau of 1 2 . . a criminal action for an offense committed within Metro Manila. 3 (b).A criminal action is commenced by the filing of a complaint with the City/Provincial Prosecution Office or with the Municipal Trial Court or Municipal Circuit Trial Court. PROSECUTION AND TRIAL OF CRIMINAL CASES PART I. . Rules on Criminal Procedure. 3. SEC.A complaint is a sworn written statement charging a person with an offense and subscribed by the offended party.

. 4. the "Sinumpaang Salaysay" of the victim of a private offense is already deemed a complaint" required in the aforesaid Sec. subscribed by the prosecutor. the prosecutor shall warn the complainant that any false statement in the complaint may give rise to a finding of a prima facie case for perjury before the same office. 5. SEC. 208 SCRA 696 [1992]). Sufficiency of complaint or information.The offended party is the person against whom or against whose property the crime was committed. where the law requires that it be started by a complaint sworn to by the offended party. Rule 110 should be given a liberal or loose interpretation. Information. and d) the accused was given an opportunity to submit controverting evidence. . It is not necessary to file a sworn complaint with the prosecutor before the latter can conduct a preliminary investigation. c) the accused was informed of the complaint and of the evidence submitted against him. defined. the designation of the offense committed. the act or omission complained of. certify under oath that a) he has examined the complainant and his witnesses. Rules on Criminal Procedure Sec. however. chief of police of a municipality for violation of a municipal ordinance which constitutes a criminal offense.An information is the accusation in writing charging a person with an offense. and filed with the court. Bureau of Forest Development officials for violation of forestry laws. allegation.A complaint or information t shall be considered sufficient if it states a) b) c) the name of the accused.To discourage the filing of harassment charges. Sangil. 12.e. 5. b) there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof. In a case involving a private offense. Thus. . A mere unsworn letter suffices to start an investigation. The information need not be placed under oath by the prosecutor signing the same. 3 SEC. 3 4 Sec. The prosecutor must. is merely to initiate or commence the prosecution of the accused. par. except if the offense charged is one which cannot be prosecuted de oficio or is private in nature i.4 SEC. ibid. grievance or accusation" rather than a strict construction for often than not the offended party who files it is unschooled in law The purpose of the complaint in Section 5. 1. 4. Rule 112. The sworn complaint referred to usually refers to a complaint filed in court and not in the prosecutor's office. the phrase "complaint filed by the offended party" as used in Section 5.. . meaning a "charge. Customs officials for violation of the customs law. Rule 110. (People vs. 6. Offended party.

The complaint or information is 5 Sec. ibid. a) b) the designation given to the offense by the statute. 6. 5 SEC. a complaint or information shall contain a certification that the recitals therein are true and correct and not in the nature of a countercharge to avoid conflict in the appreciation of the facts and evidence. 11. 9. such as the ownership and/or value of the property robbed or destroyed. . .7 SEC. 8. 9. Other essential matters to be alleged in complaint or information. b) the criminal intent of the accused and its relation to the act or omission complained of. or any appellation or nickname by which he -has been or is known." SEC. reference shall be made to the section or subsection of the law punishing it. or the particular intention that characterizes the offense. when age is material. The statement need not use the terms of the statute defining the offense so long as a person of common understanding is able to know what offense was intended to be charged and to enable the court to pronounce proper judgment. 12. 8. Rule 110. the approximate time of the commission of the offense. SEC. Place of the commission of offense. and if there is no such designation. ibid.The complaint or information shall state the name and surname of the accused.The following shall also be alleged in a complaint or information: a) every essential element O{ the offense. . 7. d) all matters that are essential to the constitution of the offense.In addition to the matters listed above. ibid. 6 7 Sec. the fact that he acted with discernment. Sec. whenever possible.6 SEC. Additional contents of a complaint . . and whenever applicable. Cause of accusation. the particular knowledge to establish culpable intent. 10. . c) all qualifying and generic aggravating circumstances which are integral pans of the offense. Designation of offense. the accused shall be mentioned under a fictitious name such as "John Doe'1 or "Jane Doe. Name of accused. the complaint or information shall state. and the place where the offense was committed. e) age of the minor accused.The act or omission complained of as constituting the offense shall be stated in an ordinary and concise language without repetition. and f) age of the minor complainant. 3EC. . if known.To properly inform the accused of the nature and cause of the accusation against him.d) e) f) the name of the offended party. the statement of the act or omission constituting the same. If his name is not known.

16.e. P. SEC. ibid. 13. Otherwise. the list of witnesses shall include the complainant. . and in physical injuries cases. the domicile in the offense of "violation of domicile.Sec. or when an offense is a necessary means for committing the other. . (An.The precise time of the commission of the offense shall be stated in the complaint or information if time is a material ingredient of the offense e. The denomination of the offense and the specific law and provision violated shall be specified. Sec.g. b) the case number.. infanticide. their age shall be indicated in the caption. indicate the following: a) the complete names i. of all the accused.The caption of an information shall. given name. or if it is necessary to identify the offense charged e. the same to be applied in its maximum period". and addresses.treason.g. 10 SEC. 13. e.The title of the complaint or information shall be in the name of the "People of the Philippines" as Plaintiff against all persons who appear to be responsible for the offense involved. 10. Revised Penal Code).g..When a single act constitutes two or more grave or less grave felonies. 2. In the case of accused minors. ibid. 2. " Penalty for complex crimes. maternal name. complex crimes under Article 48 of the Revised Penal Code. Title of complaint or information. 15. . it is sufficient that it be alleged that the offense was committed at any time as near to the actual date at which the offense was committed. . In cases for violation of B. Sec. 17. the penalty for the most serious crime shall be imposed. in addition to the name of the Plaintiff. 22 and estafa cases. the attending physician with specific reference to the medical report and date of the incident. .11 8 Sec.A complaint or information shall charge only one offense so as not to confuse the accused in his defense. 9. Time of commission of offense. and c) the offense charged. 9 10 11 ." 8 SEC. 11. ibid. except in those cases in which existing laws prescribe a single punishment for various offenses.sufficient if it states that the crime charged was committed or some of the ingredients thereof occurred at some place within the jurisdiction of the court. Blg.. surname. Contents of caption of an information. ibid. in a prosecution for violation of the provision of the Election Code which punishes the carrying of a deadly weapon in a t'polling place ". unless the particular place in which the crime was committed is an essential element of the crime e. ibid. the company auditor. . Sec. SEC. List of prosecution witnesses. the bank representative with specific reference to the check and account numbers involved and in the proper cases. Number of offenses charged. . 9 SEC. 14.g. 48.The information shall contain the complete names and addresses of all identified witnesses for the prosecution.

How Period of Prescription Computed and Interrupted. . par.. . The court may also require the witnesses to give bail for their appearance at the trial. 240 at pp. that a mistake has been made in charging the proper offense." 12 13 Sec. A mistake in substance is any omission or misstatement which prevents an information from showing on its face that an offense has been committed. Amendment of information or complaint.When it becomes manifest at any time before judgment.16 or "when mistake has teen made in charging the proper offense. In such case. Mistake inform and substance.1249-1250. 260 SCRA 207 (1996). amendment may be made only with leave of court and only as to matters of form wherein the same can be done without prejudice to the rights of the accused. 15 or wit the Office of the Ombudsman.SEC. . Llenes vs. 20. amendment of the information or complaint.S. ibid. 42 C. or of any offense necessarily included therein. Rules on Criminal Procedure. the court shall commit the accused to answer for the proper offense and dismiss the original case upon the filing of the proper information. 19. 18. the period of prescription commences to run from the day on which the crime is discovered by the offended party. Sec. in substance or form.Sec.J. and the accused cannot be convicted of the offense charged. . if there has been a mistake in charging the proper offense. and during the trial. 2. the accused shall not be discharged. 14. 14 15 16 . 12 provided the accused would not be placed thereby in double jeopardy. Rule 110. Section 11. or from showing what offense is intended to be charged. Rule 110. the authorities. or their agents. and those which will not mislead or prejudice the accused as when a defense under the original information can be used after the amendment is made and any evidence that the accused may have would be equally applicable to the one form as in the other.14 SEC. 13 SEC. After plea and during trial.For an offense penalized under the Revised Penal Code. Before plea. after the accused has pleaded.An information or complaint may be amended before the accused pleads. if there appears to be good cause to detain him. and shall be interrupted: a) by the filing of the complaint with the Office of the City/Provincial Prosecutor. 1.A mistake in form refers to clerical errors. the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with Rule 119. is a matter of right. matters which are not essential to the charge. At any time before judgment. Dicdican.

20 For cases falling within the jurisdiction of the Katarungang Pambarangay. Sec. PART II. INQUEST23 SECTION 1. Revised Penal Code. 2.Local Govt. 40 par. the period of prescription is interrupted only by the filing of the complaint or information in court. the period of prescription is likewise interrupted by the filing of the complaint with the punong barangay. the period of prescription shall commence to run from the day of the commission of the violation. Sec. while the prescription of an offense filed in court starts to run again when the proceedings terminate without the accused being convicted or acquitted or are unjustifiably stopped for any reason not imputable to the accused. Concept. 18 19 An. The prescription shall be interrupted only by the filing of the complaint or information in court and shall begin to run again if the proceedings are dismissed for reasons not constituting double jeopardy.21 22 Prescription shall not run when the offender is absent from the country. however. and if the same is not known at the time. Provided. or even if the court where the complaint or information is filed cannot try the case on its merits.Inquest is an informal and summary investigation conducted 17 Ibid. 91 Revised Penal Code. Department of Justice Circular No. Ibid. par. the greater penalty shall be the basis for the computation of prescription.3326. That such interruption shall not exceed sixty (60) days from the filing of the complaint with the punong barangay. 18 The prescription of an offense filed before the Prosecutor or Ombudsman shall commence to run again when such proceedings terminate. 22 In cases where the imposable penalty is imprisonment and/or a fine. for an offense covered by the Rules on Summary Procedure. from the discovery and the institution of judicial proceedings for its investigation and punishment. as amended.. but shall resume to run again upon receipt by the complainant of the certificate of repudiation or of the certification to file action issued by the lupon or pangkat secretary. 20 21 22 23 . Art.61 dated 21 December 1993. 17 However. Code. . Act No. 91. 2.19 For violation of a special law or ordinance.b) by the filing of the complaint or information with the court even if it is merely for purposes of preliminary examination or investigation.

Murder. The Inquest Officer shall.. . 2. Documents required in specific cases. all inquest eases shall be referred to him for appropriate action. If. the statement of the complainant and witnesses.The inquest proceedings shall be considered commenced upon receipt by the Inquest Officer from the law enforcement authorities of the complaint/referral documents which should include: a) b) c) d) the affidavit of arrest. there is only one Prosecutor in the area. and b) necropsy report and the certificate of post-mortem examination. Homicide and Parricide a) certified true/machine copy of the certificate of death of the victim.The Inquest Officer shall. Commencement and termination of inquest. SEC. 4. and 36 hours for grave offenses. those assigned to inquest duties shall discharge their functions during the hours of their designated assignments and only at the police stations/headquarters of the PNP in order to expedite and facilitate the disposition of inquest eases. as amended. The City or Provincial Prosecutor shall designate the Prosecutors assigned to inquest duties and shall furnish the Philippine National Police (PNP) a list of their names and their schedule of assignments. to wit: Murder.by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court. Parricide and Physical Injuries a) medical certificate of the complaining witness showing the nature or extent of the injury. Frustrated or Attempted Homicide. The inquest proceedings must be terminated within the period prescribed under the provisions of Article 125 of the Revised Penal Code. however. as far as practicable. SEC. require the submission/presentation of the documents listed below. 18 hours for less grave offenses. 24 12 Hours for light offenses. Designation of In quest Officer. cause the affidavit of arrest and statements/affidavits of the complainant and the witnesses to be subscribed and sworn to before him by the arresting officer and the affiants. as far as practicable. Unless otherwise directed by the City or Provincial Prosecutor. and other supporting evidence gathered by the police in the course of the latter's investigation of the criminal incident involving the arrested or detained person. 3. if readily available. . 24 SEC. the investigation report.

and . Violation of the Anti-Carnapping Law (R. Violation of the Anti-Cattle Rustling Law (P.6425.D. and other evidence of ownership. and c) affidavit of the poseur-buyer. as amended) a) chemistry report or certificate of laboratory examination duly signed by the forensic chemist or other duly authorized officer. Seduction and Forcible Abduction with Rape a) the medico-legal report (living case report).D. as attested to by a PNP Narcotics Command operative or other competent person. and c) certificate or statement as to duration of incapacity for work.b) certification or statement as to duration of the treatment or medical attendance.533) a) b) machine copy of the cattle certificate of registration. No. Violation of the Anti-Piracy and Anti-Highway Robbery Law (P. if any. in which event. b) machine copy or photograph of the buy-bust money. Violation of Illegal Gambling Law (P. the Inquest Officer shall direct the arresting officer to immediately forward the seized drug to the crime laboratory for expert testing and to submit to the prosecutor's office the final forensic chemistry report within five (5) days from the date of the inquest. No.A. No.1602) a) b) gambling paraphernalia. No.6539) a) b) c) machine copy of the certificate of motor vehicle registration. the Inquest Officer may temporarily rely on the field test results on the seized drug. if the victim submitted herself for medical or physical examination. if any. If the foregoing documents are not available. Rape. machine copy of the current official receipt of payment of theregistration fees of the subject motor vehicle.D. and b) statement of their respective values.1866) a) chemistry report duly signed by the forensic chemist. and photograph of the cattle. No. No. No.A. Theft and Robbery.532) and Violation of the Anti-Fencing Law (P.1612) a) a list/inventory of the articles and items subject of the offense. Illegal Possession of Explosives (P. if readily available.D.D. Violation of the Dangerous Drugs Law (R. and cash money.

9. sex and other similar factors. However. SEC. if production of the detained person will involve security risks. the production of the detained person before the Inquest Officer may be dispensed with in the following cases: a) b) c) d) if he is confined in a hospital.b) photograph of the explosives. No.704) a) b) photograph of the confiscated fish. The submission of the foregoing documents shall not be absolutely required if there are other forms of evidence submitted which will sufficiently establish the facts sought to be proved by the foregoing documents. direct the law enforcement agency concerned to file the case with the City or Provincial Prosecutor for appropriate action. where the inquest is conducted outside of office hours.25 Otherwise. the Inquest Officer shall direct the law enforcement agency to submit the required evidence within the period prescribed under the provisions of Article 125 of the Revised Penal Code.2. Presence of detained person. the Inquest Officer shall order the release of the detained person26 and.All charges and counter-charges arising from 25 NPS Form No. 5. Incomplete documents. The absence of the detained person by reason of any of the foregoing factors shall be noted by the Inquest Officer and reflected in the record of the case. 6. if readily available. SEC. . number of pieces and other important details such as estimated value of the products confiscated. 26 .When the documents presented are not complete to establish probable cause. NPS Form No. if he is detained in a place under maximum security. 7.705) a) scale sheets containing the volume and species of the forest products confiscated. and c) seizure receipt. and certification of the Bureau of Fisheries and Aquatic Resources. if readily available. Violation of the Forestry Law (P. No. . b) certification of Department of Environment and Natural Resources/Bureau of Forest Management.The presence of the detained person who is under custody shall be ensured during the proceedings. health.9.1. Charges and counter-charges. or if the presence of the detained person is not feasible by reason of age.. as amended. SEC. Violation of the Fisheries Law (P.

8. SEC. to the City or Provincial Prosecutor for appropriate action. For this purpose. . in the presence of the arresting officer. if he does. the person to be arrested has committed. is actually committing. or when an offense has in fact just been committed. Ramos. where arrest not properly effected. which provide that arrests without a warrant may be effected: 27 a) b) when. . Initial duty of Inquest Officer. . prepare a brief memorandum indicating the reasons for the action taken. vs. as far as practicable. a) b) c) d) recommend the release of the person arrested or detained. Umil.al. See NPS Form No. he shall be made to execute a waiver of the provisions of Article 125 of the Revised Penal Code. 9. where arrest properly effected. 198 SCRA 401 and People vs.The Inquest Officer shall first determine if the arrest of the detained person was made in accordance with paragraphs (a) and (b) of Section 5. note down the disposition on the referral document.28 SEC. 202 SCRA 251 [1991] and companion cases People vs. the order of release shall be served on the officer having custody of said detainee and shall direct the said officer to serve upon the detainee the subpoena or notice of preliminary investigation.2. be consolidated and inquested jointly to avoid contradictory or inconsistent dispositions. 163 SCRA 402 [1988]. the detained person shall be asked if he desires to avail himself of a preliminary investigation and. together with the copies of the charge sheet or complaint. a responsible person of his choice. as amended 29. et. 30 The preliminary investigation may be conducted by the Inquest Officer himself or by any other Go vs. 206 SCRA 138 [1992]. Court of Appeals. he shall. 27 28 See NPS Form No. with the assistance of a lawyer and. Where the recommendation for the release of the detained person is approved by the City or Provincial Prosecutor but the evidence on hand warrants the conduct of a regular preliminary investigation. the Inquest Officer may summarily examine the arresting officers on the circumstances surrounding the arrest or apprehension of the detained person.the same incident shall. 10. together with the record of the case. Malmstedt. and the arresting officer has personal knowledge of facts indicating that the person to be arrested has committed it. 29 . Rule 113 of the 1985 Rules on Criminal Procedure. affidavits or sworn statements of the complainant and his witnesses and other supporting evidence. SEC.3.Should the inquest Officer find that the arrest was properly effected. in case of non-availability of a lawyer. Aminudin. or is attempting to commit an offense.Should the Inquest Officer find that the arrest was not made in accordance with the Rules. as amended. and forward the same.

Presence of probable cause. elder brother or sister.Where the detained person does not opt for a or otherwise refuses to execute the required waiver. Detained or under Custodial Investigation) 31 NPS Form No. b) c) d) 30 Such responsible person may be a parent. 2 (d) RA 7438. which investigation shall be terminated within fifteen (15) days from its inception. the record of the case. shall be forwarded to the City or Provincial Prosecutor for appropriate action. if any. Thereafter. the full names and addresses of the complainant and witnesses. . Contents of Information.The information shall. SEC. among others. Rules on Criminal Procedure.Probable cause exists when the evidence submitted to the Inquest Officer engenders a well-founded belief that a crime has been committed and that the arrested Or detained person is probably guilty thereof. Inquest preliminary investigation Inquest Officer shall statements/affidavits of evidence submitted to him. and address of the accused.. spouse. in cases cognizable by the Regional Trial Court. 11. or priest/minister of the gospel as chosen by him (Sec. proper. SEC. 14. 31 the full name and aliases. the place where the accused is actually detained. district school supervisor.. SEC.Assistant Prosecutor to whom the case may be assigned by the City or Provincial Prosecutor. the Inquest Officer shall require the presence of the complaining witnesses and subject them to an informal and summary investigation or examination for purposes of determining the existence of probable cause. The complaint/information shall indicate the offense committed and the amount of bail recommended.. together with the prepared complaint/information. the municipal mayor. The complaint/information may be filed by the Inquest Officer himself or by any other Assistant Prosecutor to whom the case may be assigned by the City or Provincial Prosecutor.2..If the Inquest Officer finds that probable cause exists. he shall forthwith prepare the corresponding complaint/information with the recommendation that the same be filed in court. if bailable. contain: a) a certification by the filing Prosecutor that he is filing the same in accordance with the provisions of Section 7. 9 SEC. 12. the municipal judge. An Act Defining Rights of Person Arrested. the proceed with the inquest by examining the sworn the complainant and the witnesses and other supporting If necessary. Rule 112. Meaning of probable cause. 13.

as the case may be. . If the recommendation of the Inquest Officer for the release of the arrested or detained person is approved. and the corresponding complaint/information shall be filed by the City or Provincial Prosecutor or by any Assistant Prosecutor to whom the case may be assigned. Presence at crime scene. if any.. the age and date of birth of the complainant or the accused. after conducting the corresponding inquest proceeding. direct the police investigator to cause the taking of photographs of the crime scene or place of discovery of the dead body.e) f) g) h) a detailed description of the recovered items. and forthwith forward the record of the case to the City or Provincial Prosecutor for appropriate action. SEC.Whenever a dead body is found and there is reason to believe that the death resulted from foul play. the full name and address of the evidence custodian. forthwith forward the complete record to the City or Provincial Prosecutor for appropriate action. 32 NPS Form No. SEC.Should any complaint cognizable by the Sandiganbayan be referred to an Inquest Officer for investigation. if eighteen (18) years of age or below. as the case may be. prepare a brief memorandum indicating the reasons for the action taken. the arrested or detained person shall remain under custody.If the Inquest Officer finds no probable cause. custodians or guardians of the minor complainant or accused. Should the City or Provincial Prosecutor disapprove the recommendation of release. the latter shall. the Inquest Officer shall: a) forthwith proceed to the crime scene or place of discovery of the dead person. or from the unlawful acts or omissions of other persons and such fact has been brought to his attention.4. 17. he shall: a) b) c) d) recommend the release of the arrested or detained person.. 16. b) c) d) e) cause an immediate autopsy to be conducted by the appropriate medico-legal officer in the locality or the PNP medico-legal division or the NBI medicolegal office. 15. SEC. and the full names and addresses of the parents. and submit a written report of his finding to the City or Provincial Prosecutor for appropriate action. Sandiganbayan cases. the order of release shall be served on the officer having custody of the said detainee. Absence of probable cause. 32 note down his disposition on the referral document. supervise the investigation to be conducted by the police authorities as well as the recovery of all articles and pieces of evidence found thereat and see to it that the same are safeguarded and the chain of the custody thereof properly recorded. .

A preliminary investigation is 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 investigating prosecutor is a quasi-judicial officer. Release of recovered articles. The Inquest Officer shall ensure that the items recovered are duly safeguarded and the chain of custody is properly recorded. People. Recovered articles. Jr. Rule 112. PRELIMINARY INVESTIGATION SECTION 1. subject to the conditions that: a) b) c) d) there is a written request for their release. Cruz. 34 35 Section 1. Rules on Criminal Procedure. with the prior approval of the City or Provincial Prosecutor or his duly authorized representative.5. 34 the person requesting the release of said articles is shown to be the lawful owner or possessor thereof. See NPS Form No. 36 .The Inquest Officer shall see to it that all articles recovered by the police at the time of the arrest or apprehension of the detained person are physically inventoried. See NPS Form No. 19. order the release33 of recovered articles to their lawful owner or possessor. the requesting party undertakes under oath to produce said articles before the court when so required. In this sense. vs. 233 SCRA 439 [1994]. checked and accounted for with the issuance of corresponding receipts by the police officer/investigator concerned.. the production and weighing of evidence. The said articles must be properly deposited with the police evidence custodian and not with the police investigator.36 33 e) f) police evidence custodian as accurately representing the evidence in his custody. if he is a material witness to the case. SEC. 35 A preliminary investigation is essentially a judicial inquiry since there is the opportunity to be heard. 18.The Inquest Officer shall.. affirms or reaffirms his statement concerning the case and undertakes under oath to appear and testify before the court when so required. the said articles are not the instruments. and photographs of said articles are first taken and duly certified to by the PART III.6. and a decision rendered on the basis of such evidence.SEC. Concept of preliminary investigation . or tools in the commission of the offense charged nor the proceeds thereof. the requesting party.

118 SCRA 241 [1982].In case an information is amended. 37 39 Par. .SEC. 216 [1941].The conduct of a preliminary investigation is a substantive right which the accused may invoke prior to or at least at the time of plea. 134 SCRA 438 [1985]. 6. or if the information on its face is null and void for lack of authority to file the same. 1. Poculan. PCGG Officers 41 Par. . 7. Nature of preliminary investigation. . Purpose of preliminary investigation. 38 b) SEC. Sr. vs. 175 SCRA 37 [1989].A preliminary investigation is intended: a) to secure the innocent against hasty. Section 2. Judges of Municipal Trial Courts and Municipal Circuit Trial Courts. 5. 40 Their authority to conduct preliminary investigation shall include all crimes cognizable by the proper court in their respective territorial jurisdiction. Rodis. Pano. 37 and to protect the State from having to conduct useless and expensive trials. 40 . 2. supra. 38 Tandoc vs. Manta. SEC. Rule 112. The right is not available in cases triable by inferior courts. 2. where right of preliminary investigation may he invoked.39 a) b) c) d) Provincial or City Prosecutors and their assistants. 2. The Special Prosecution Officers and Graft Investigation Officers in cases cognizable by the Office of the Ombudsman and the COMELEC officials in cases involving violations of the Election Code. Salonga vs. the deprivation of which would be a denial of his right to due process. Officers Authorized to Conduct Preliminary Investigation.The right to a preliminary investigation may be invoked only in cases cognizable by the Regional Trial Court. if there is a change in the nature of the crime charged. 71 Phil. Sec. National and Regional State Prosecutors. malicious and oppressive prosecution and to protect him from an open and public accusation of a crime and from the trouble. 62 SCRA 155 [1975]. 41 SEC. Resultan. SEC. Boncan. Querubin.The following may conduct a preliminary investigation. Effect of amendment of information. Sausi vs. Commencement of Preliminary Investigation. Rule 112. Second Division. 4. Trocio vs. supra. a new preliminary investigation shall be conducted if the amended charge is not related to the crime originally charged. 167 SCRA 176 [1988]. .A preliminary investigation proceeding is commenced: People vs. 166 SCRA 618 [19881. SEC. and Hashim vs. Sandiganbayan. expense and anxiety of a public trial. 3. . and Other officers as may be authorized by law..

City or State Prosecutor. Sucaldito.For purposes of preliminary investigation. the complaint filed with the prosecutor's office shall. candidate. 3(a). upon the initiative of the Commission on Elections.The complaint and supporting affidavits shall be in such number of copies as there are respondents. a notary public. office or postal addresses of the complainant and his witnesses.. office or postal address of the respondent. 9. or other government official authorized to administer oaths or.The complaint shall be accompanied by the affidavits of the complainant and his witnesses. Number of copies of affidavits. Sec.a) b) c) d) e) by the filing of a complaint by the offended party or any competent person 842 directly with the Office of the Investigating Prosecutor or Judge. 43 Sections 3 & 5. or upon written complaint by any citizen. The affidavits shall be sworn to before a Provincial. The offense charged and the place and exact date and time of its commission. 156 SCRA 803 [1987]. . in their absence or unavailability. or for election offenses. SEC. as far as practicable. 8. among others a) b) c) d) the full and complete names and exact home. plus four (4) copies for the court/official file.44 When the preliminary investigation is commenced by referral from or upon request of the law enforcement agency that investigated the incident. Rule 34. Supporting affidavits. Rules on Criminal Procedure. and Whether or not there exists a related case and. coalition of registered parties or organizations under the party-list system or any accredited citizen arm of the Commission on Elections. the affidavits of the complainant and his witnesses to be submitted by the said agency shall consist of the original or duplicate original or certified machine copies thereof. 44 . Complaint. upon request of a person arrested or detained pursuant to a warrantless arrest who executes a waiver of the provisions of Article 125 of the Revised Penal Code. Where a complaint charges multiple offenses which cannot be the subject of one indictment or 42 Ebarle vs. 43 SEC. Rule 112. if any. registered political party. who must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits. by order or upon directive of the court or other competent authority. by referral from or upon request of the law enforcement agency that investigated a criminal incident. be accompanied or covered by an Information Sheet and shall state. . as amended. as well as other supporting proofs or documents. SEC. The full and complete name and exact home. 10. if so. COMELEC Rules of Procedure. the docket number of said case and the name of the Investigating Prosecutor thereof.

however. Initial/ action on the Complaint.A. the Investigating Prosecutor shall either dismiss the same if he finds no ground to continue with the inquiry.The following.If the offense charged is punishable by imprisonment not exceeding one (1) year or a fine not exceeding Five Thousand Pesos (5. Sec. or where the case may be barred by the Statute of Limitations. Act No. or issue a subpoena to the respondent. . b) c) SEC. Rule 112.The absence of a barangay certification shall not be a ground for the dismissal of the complaint.. that the complainant is not authorized under the provisions of pertinent laws to file the complaint. 11. 14.A. at the time of the filing of the complaint. . SEC. No. 12. Section 3(b).7160. No.information.000.45 SEC. the offense charged therein had already prescribed. The Investigating Prosecutor shall. 45 See Appendix "0". make the corresponding referral of the complaint to the proper Lupong Tagapamayapa for appropriate action pursuant to the provisions of Chapter 7.7160. Rules of Criminal Procedure. Dismissal of complaint. 412(b). "The Local Government Code of 1991.. Lack of harangay certification. among others. the complaint shall be accompanied by the certification required under Section 412 (a) of R. R.00) and the parties to the case are all residents of the same city or municipality. or where the respondent has been deprived of personal liberty calling for habeas corpus proceedings. attaching thereto a copy of the complaint together with the affidavits of witnesses and other supporting documents. the Investigating Prosecutor shall proceed to take cognizance of the complaint for purposes of preliminary investigation46 even if there is no Barangay Certification: a) where the respondent is under detention. 46 47 The resolution of dismissal should include a statement that the entire record of the case is being forwarded to the office having jurisdiction over the same. In any of the following cases. shall constitute sufficient basis for the outright dismissal of a complaint: a) b) c) that the offense charged in the complaint was committed outside the territorial jurisdiction of the Office of the Investigating Officer. List of Offenses cognizable by the Lupong Tagapamayapa (Crimes Covered by the Katarungang Pambarangay). In connection therewith.Within ten (10) days after the filing of the complaint. the complainant may be required to submit such additional copies of the complaint and supporting affidavits as there are offenses charged in the complaint. the complainant may be summoned for the purpose of delivering the referral to the Chairman of the appropriate barangay and to secure the necessary certification within thirty (30) days. 13. 48 that. 48 . Book III of R.A. Barangay certification . 47 9 SEC.7160.

supporting affidavits and other documents. the cooperation of the Provincial City/Municipal Station Commanders of the Philippine National Police (PNP) may be requested for the purpose. thus instructing the postmaster/postal employee of the necessity of informing the sender of the b) . service of subpoena and its attachments shall be effected by registered mail with return card at respondent's known home/office address. Personal service of documents by investigating prosecutor. supporting affidavits and other documents. as well as to examine all other evidence submitted by the complainant. supporting affidavit and other documents. Service of subpoena in preliminary investigation. On the face of the envelope shall be indicated I. time and place and then and there personally furnish them with copies of the complaint.d) e) that the acts and/or omissions alleged in the complaint and/or the supporting affidavits do not sufficiently show that a criminal offense or violation of a penal law has been committed. In such cases. Under other circumstances. For the purposes specified in the first paragraph hereof.personal service by regular process servers. At the said or any other setting. the following guidelines shall be observed in the service of subpoenasa) Service of subpoena and all papers/documents required to be attached a thereto shall be b'~. In their Absence. by registered special delivery mail with return card. SEC. 16. supporting affidavits and other documents despite receipt of notice or subpoena shall be considered a waiver or forfeiture of respondent9s right to be furnished copies of the complaint. where personal service cannot be effected but the respondent cannot be considered as incapable of being subpoenaed as when he continues to reside at his known address but the return states that he "has left his residence and his return is uncertain" or words of similar import. -Whenever circumstances warrant and to prevent the loss of documents in the course of the service of a subpoena through ordinary modes. . the Investigating Prosecutor may require the respondent or other parties to appear before him on a designated date. Failure on the part of the respondent or his counsel/representative to appear before the Investigating Prosecutor to obtain copies of the complaint. or that the complaint and the supporting affidavits are unsigned and/or have not been duly subscribed and sworn to as prescribed under the Rules on Criminal Procedure. together with copies of the complaint. the Investigating Prosecutor shall issue and send the subpoena. SEC. 15. the name and return address of the sender1 and the Typewritten/printed phrase "First Notice Made on______________".To expedite the conduct of a preliminary investigation. the respondent shall have the right to examine all other evidence submitted by the complainant. the Investigating Prosecutor shall not require the appearance before him of the respondent or other parties who are residing in distant places.

Thus. . 17. he transferred residence without leaving any forwarding address.25 dated 2 October 1989.date the first notice was made on the addressee. SEC. Rules on Criminal Procedure. A memorandum. supra. where Respondent cannot he subpoenaed . a respondent relying on the manifestation. "Bulacan Garden Corporation 50 51 vs. copies of which shall be furnished by the respondent to the complainant. Rule 112. manifestation or motion to dismiss is verified by the respondent himself. The Investigating Prosecutor may grant a motion to dismiss filed by a respondent who is yet to file or has not filed his counter-affidavit if the said motion is verified and 49 Sec 3(d). (I.49 SEC. 3(b) & (c). and ii.-The filing of a motion for the dismissal of the complaint or for the submission of a bill of particulars shall not suspend or interrupt the running of the period for the submission of counter-affidavits and other supporting documents. S.If a respondent cannot be subpoenaed. Filomena". manifestation or motion to dismiss signed by the counsel cannot take the place of a counter-affidavit. memorandum or motion to dismiss of his counsel is deemed to have not controverted complainant's evidence. the Investigating Prosecutor shall base his resolution on the evidence presented by the complainant. 51 However. DOJ Resolution No. please return to sender. 19. he shall within ten (10) days from receipt of the complaint and other documents. the Investigating Prosecutor may then proceed to resolve the complaint on the basis of the evidence presented by the complainant.In cases where the respondent is subpoenaed. Rule 112. Secs.the typewritten/printed request: "If not claimed within five (5) days from first notice.. Counter-Affidavits.109. the same may be considered a counter-affidavit. Motion for dismissal of bill of particulars. All the grounds for the dismissal of the complaint." c) Upon receipt of the unclaimed/returned envelope. 1 of Section 9 this Part. 18. NO. SEC. as well as objections to the sufficiency thereof.50 Only a counter-affidavit subscribed and sworn to by the respondent before the Public Prosecutor can dispute or put at issue the allegations in the complaint. submit his counteraffidavit and other supporting documents which shall be sworn to and certified as prescribed in the second sentence of par. as. shall be alleged or incorporated in the counter-affidavit and shall be resolved by the Investigating Prosecutor jointly on the merits of the case. Department of Justice Memorandum Circular No. Bulacan). Series of 1990. if such memorandum.89-243. OPP. for instance.

be consolidated for preliminary investigation purposes and assigned to and jointly heard by one Investigating Officer: a) charges and counter-charges. not be a ground for the dismissal of the complaint. pardon. or c) undertake studies or research on novel. however. examine or verify the existence. SEC. among others: a) the circumstances specified in sub-paragraphs (a). SEC. the Investigating Prosecutor may suspend the preliminary investigation proceedings if the existence of a prejudicial question is satisfactorily established. or when raised in a counter-affidavit. . and c) cases involving common parties and founded on factual and/or legal issues of the same or similar character. . Additional extensions may be authorized by the Provincial/City Prosecutor concerned. 22.The following cases shall. 52 Sec. Consolidation.. Extension of time. b) cases arising from one and the same incident or transaction or series of incident or transactions. Rule 111.satisfactorily establishes.6. Extensions of time to submit a counter-affidavit for any of the reasons stated above shall not exceed ten (10) days. 20. or one similar thereto or identical therewith. SEC. has previously been filed with the Office and has been fully adjudicated upon on the merits after due preliminary investigation proceedings. (b) 9 (c) and (d) and (e) of Section 14 of this Part. ibid. complicated or technical questions or issues of law and of facts attendant to the case under investigation. repeal of the law under which prosecution is sought. b) the fact that the complaint. or c) the extinction of respondentts criminal liability by reason of death. as far as practicable. accounts or other papers or documents presented or submitted in support of the complaint. or other legal causes.Upon motion of a party. 21. Suspension of proceedings.. amnesty.No motion or request for extension of time to submit counter-affidavits shall be allowed or granted by the Investigating Prosecutor except when the interest of justice demands that the respondent be given reasonable time or sufficient opportunity to: a) b) engage the services of counsel to assist him in the preliminary investigation proceedings. 52 The existence of a prejudicial question shall. authenticity or accuracy of voluminous records. files.

they may submit written questions to the Investigating Prosecutor who may propound such questions to the parties or witnesses concerned. 116 SCRA 303 [1982].The Investigating Prosecutor may set a hearing to propound clarificatory questions to the parties or their witnesses if he believes that there are matters which need to be inquired into personally by him.53642. Osono. No.. 100 SCRA 125 [1980]. . R. SEC. Jr. supra. the period for the submission of reply affidavits or rejoinders shall in no case exceed five (5) days unless a longer period is authorized by the Provincial/City Prosecutor concerned. 57 53 Ras vs. 26. Osono. it must not only appear that said case involves facts intimately related to those upon which the criminal prosecution would be based but also that in the resolution of the issue or issues raised in the civil case. 5. and Appendix “P” 54 Donato vs. G. the resolution of such issue determines whether or not the criminal action may proceed . Prado vs. Elements of prejudicial question. March 16. supra. supra. Concept of prejudicial question. the parties shall be afforded the opportunity to be present but without the right to examine or cross-examine. April 15.. 23. In such a case. the guilt or innocence of the accused would necessarily be determined.A prejudicial question is one the resolution of which is a logical antecedent of the issue involved in a case and the cognizance of which pertains to another tribunal. Quiambao vs. Reply-affidavits and rejoinders. 133 SCRA 602 [1984]. Cf. Rule 112. . Rule 111. clarified or explained to enable the Investigating Prosecutor to arrive at a fair and judicious resolution of the case. To suspend the criminal action. 54 SEC. Ras vs. In said hearing. 56 57 . 56 55 SEC. Issuance of orders of suspension of proceedings. Quiambao vs.SEC.48157.The essential elements of a prejudicial question are: a) b) c) the civil action involves an issue similar or intimately related to the issue raised in the criminal action. If they so desire. Luna. 24. 1988. G. and Librodo vs.R. Rasul. No.No resolution or order suspending the preliminary investigation based on the existence of a prejudicial question shall be issued by the Investigating Prosecutor without the written approval of the Provincial/City Prosecutor concerned or his duly designated assistant. 27. SEC. except where new issues of fact or questions of law which are material and substantial in nature are raised or invoked in the counteraffidavit or subsequent pleadings and there exists a need for said issues or questions to be controverted or rebutted.53 It is based on a fact distinct and separate from the crime charged but so intimately connected with it that it determines the guilt or innocence of the accused. 3(e). People. supra. and the cognizance of the said issue pertains to another tribunal. 25.The Investigating Prosecutor shall not require or allow the filing or submission of reply-affidavits and/or rejoinders. Coscolluela. 1988. Sec. Rasul. 55 Sec. Clanficatory questions...

Said notes shall only be transcribed in cases of appeal and shall be obtained at the expense of the interested party. In such a case. Republic vs. upon the evidence thus adduced. Sections 3(d) & (f). 28. Reopening of investigation. Where the respondent is a public officer or employee or a member of the Philippine National Police (PNP). Submission of case for resolution. such fact should be alleged in the information to be filed with the Sandiganbayan through the Ombudsman 60 SEC. That Secs. ibid. .After a case under preliminary investigation has been submitted for resolution under the provisions of the preceding Section but before promulgation of the resolution. SEC. cite specific portions of the oral testimony by reference to the transcript of stenographic notes. at their option. Said notes shall form part of the official records of the case. determine whether or not there is sufficient ground to hold the respondent for trial 59 b) SEC. Maximiano Asuncion. 29. Finding of probable cause. the Investigating Prosecutor shall base his resolution on the evidence presented by the complainant. he shall prepare the resolution recommending the dismissal of the complaint..If the Investigating Prosecutor does not find sufficient basis for the prosecution of the respondent.. the Investigating Prosecutor shall also determine whether or not the offense with which he is charged was committed in relation to his office and. 58 59 60 .The Investigating Prosecutor shall make a record of the questions asked and answers given during the clarificatory questioning which shall be signed by the parties concerned and/or their respective counsel.If the Investigating Prosecutor finds that probable cause exists. 30. if so committed. he shall. Provided. Rule 112. does not submit his counter-affidavit within the reglementary period. Lack of probable cause. No. in which event. . Parties who desire to file a petition for review of the Investigating Officer's resolution may. March 1994. 3 (d) & (f). G. 31. Rule 112. if subpoenaed.The Investigating Prosecutor shall case submitted for resolution: a) when the respondent cannot be subpoenaed or. L-108208.R. ibid. 58 or upon submission by the parties of their respective affidavits and supporting proof or documents. he shall prepare the resolution and the corresponding information or complaint in the appropriate cases. the preliminary investigation may be reopened for the purpose of receiving new and/or additional evidence upon the prior authorization given by the Provincial/City Prosecutor concerned or upon motion of the interested party.

34. SEC.61 and may affirm.7. 3(f). In any event. personally and directly prepared and signed by the Investigating Prosecutor. Form of resolution and number of copies. 32. 61 Department of Justice Memorandum Circular No. b) the motion is accompanied with the new and/or additional evidence. 33.. SEC. plus three (3) additional copies. otherwise known as the Investigation Slip Number or 1.The Investigating Prosecutor shall resolve the case within ten (10) days from the time the case is deemed submitted for resolution. .8. Memoranda. modify or reverse the finding of the Municipal Trial Court judge. . if the interest of justice so requires. Contents of the resolution. without requesting the parties to submit memorandum of authorities . 62 . Sec. s. Period for resolving a case. the filing of memoranda by the parties shall be done simultaneously and the period therefore shall not exceed ten (10) days. 35. unless a longer period is authorized by the Provincial/City Prosecutor concerned.1988.The caption of the resolution shall indicate the: a) names of all the complainants and all of the respondents. SEC. No.The Investigating Prosecutor shall not require nor allow the filing or submission by the parties of memoranda unless the case involves difficult or complicated questions of law or of fact. . SEC. Caption of resolution. 36. It shall be prepared in as many copies as there are parties.Upon receipt of the records of the case from the Municipal Trial Court or Municipal Circuit Trial Court which conducted the Preliminary Investigation. 37. 62 unless otherwise provided herein or a longer period is authorized by the Provincial/City Prosecutor concerned.The resolution shall be written in the official language. the Prosecution Office shall review the case based on the existing records. supra. Rule 112. Cases Transmitted by the Municipal Trial Judge. b) Case Number.in the latter case. .. SEC. and thereafter. the prosecutor may conduct a full blown reinvestigation giving the parties the opportunity to submit additional evidence. . and c) the motion sufficiently and satisfactorily shows valid and justifiable reason for the failure of the movant to submit the new and/or additional evidence during the preliminary investigation proceedings. resolve the case on the basis of the totality of the evidence thus adduced. However. it shall be subject to the following conditions: a) the motion is verified and a copy thereof furnished the opposing party.A resolution shall contain a caption and a body. SEC.

not their representative. Designation of offense charged. represented by its (position title). Parts of a resolution. 39. .In general. 40. d) the date of the filing of the complaint with the office.c) the offense charged. " 'X' Corporation. a concise statement of the issues involved. represented by "(either the surviving spouse. 41. In homicide or murder cases.For offenses that are punishable under the Revised Penal Code. Where there is another charge or countercharge in the same case having one case number or in case of a consolidated resolution involving two or more criminal cases with two or more docket numbers. father or mother)".g. the body of resolution should contain: a) b) c) a brief summary of the facts of the case. and the findings and recommendations of the Investigating Prosecutor. In the case of a corporation or judicial entity. SEC. .The number of a case shall indicate the year and month." to refer to other complainants and respondents. 97 (year)A(month)-024(entry number). The heirs or relatives of the slain victim shall be indicated as "Legal heirs of deceased (name or person killed)". .The complete names of all the complainants and respondents in the case shall be set out in the caption of the resolution. the caption shall also contain said information. al.As a rule. the caption shall set forth the denomination of the offense and the specific article and paragraph of the statute violated. as in prohibited drugs cases. the complainant shall be the police station involved. . the body of a resolution is made up of four parts. . SEC. SEC. Names of parties. The name of the victim or injured party. SEC. e) the date of the assignment of the case to or receipt of the case record by the Investigating Officer. the name of the victim or of the complainant shall be in the caption. Case number. the affidavit of witnesses . Contents of body of resolution. followed by the name and designation of the police officer representing the police station. SEC. In cases referred to the prosecution by the police where there is no identified victim. its corporate name or identity shall be indicated and written as follows. shall appear in the caption. e. All material details that should be found in the information prepared by the Investigating Prosecutor shall be stated in the resolution. 42. and f) the date the case was submitted for resolution. It is not proper to use the phrase "et. 38. (name of corporate officer)". namely: a) Part 1 shall state the nature of the case as disclosed in the evidence presented by the complainant such as his affidavit-complaint. it was filed and its entry number in the log book of the office.

1. Records of the case. SEC. It shall also contain the conclusion of the prosecutor. 45. As for the documentary evidence. analysis and evaluation by the prosecutor of the evidence presented by the complainant and the respondent. the prosecutor shall initial all of said pages. SEC. Where numerical values are important. SEC. .b) c) d) and documentary and physical evidence. Part 4 shall contain the discussion. 64 . . SEC. and initialed by the investigating prosecutor. Citations of pertinent laws and jurisprudence should support the conclusions reached.The investigating prosecutor shall sign the resolution and if the resolution consists of two or more pages. 64 SEC. Signature and initials of investigating prosecutor.The Provincial or City Prosecutor or Chief State Prosecutor concerned shall act 63 Note: A special appearance does not qualify. 44. the number shall be written in words and figures. This must also be concise. excluding the signature page. If the parties are represented by counsel and the latter's appearance is entered formally in the record.63 the counsel. Sec.Rule 112. par. shall be given a copy of the resolution. . 48. . 47.The complete names and addresses of the complainant and the respondent shall be set out at the end of the resolution after the signature of the investigating prosecutor and the head of the Prosecutor's Office concerned under the phrase: "Copy furnished:". . Recommended bail. The affidavits shall be numbered in the order of the presentation of the prosecution witnesses as disclosed in the list of witnesses appearing in the information. 46.The bail recommended in the resolution shall be written in words and figures. supra. 43. The presentation of the complainant's case should be concise and shall not be cluttered with details that are not necessary to show the elements of the offense. without relying on the weakness of the defense of the respondent. SEC.The bail recommended in the resolution shall be stated in the information. written in words and figures. together with the complete records of the case. . to the Provincial or City Prosecutor or Chief State Prosecutor concerned within five (5) days from the date of his resolution. How recommended hail is written. not the party. Part 3 shall allege the respondent1s version of the incident. Parties to be furnished with a copy of the resolution. Action of the Provincial or City Prosecutor or Chief State Prosecutor on resolution. they shall be alphabetically marked as they would be marked during the pre-trial and trial stages of the case. Part 2 shall contain the version of complainant of the incident.The investigating fiscal shall forward his resolution. 4. The complainant's and respondent's versions of the incident need not be repeated in this part except to point out excerpts relating to the existence or absence of the elements of the crime.

said motion may only be filed with the judge hearing the case. SEC. . with the said offices. respectively. 52. the Provincial or City Prosecutor or Chief State Prosecutor concerned shall transmit a copy of the resolution to the parties. . if any. where filed. the full names and addresses of the complainant and witnesses. to do so without need of conducting another preliminary investigation. . as the case may be. a motion for reinvestigation of the case may be filed with the City/Provincial Prosecutor. their counsel and/or to any unauthorized person until the same shall have been finally acted upon by the Provincial/City Prosecutor or his duly authorized assistant and approved for promulgation and release to the parties. as the case may be.A pleading prepared by the trial prosecutor.' 'immediately after approving or disapproving the resolution. SEC. .on all resolutions within ten (10) days from receipt thereof by either approving or disapproving the resolution or returning the same to the investigating prosecutor for further appropriate action.The information/complaint shall be personally and directly prepared by the Investigating Prosecutor or such other prosecutor designated for the purpose and signed by him or the complainant. shall not be filed in court without the prior written approval by the Provincial or City Prosecutor or Chief State Prosecutor. the place where the accused is actually detained. SEC. After arraignment. the full names and addresses of the parents. Approval of pleading by head of prosecution office. including exparte motions. by himself. . SEC. Violation of the foregoing shall subject the Investigating Prosecutor or the employee of the office concerned to severe disciplinary action. and address of the accused.If the Provincial or City Prosecutor or Chief State Prosecutor reverses the recommendation in the resolution of the investigating prosecutor. 50. the former may. 51. file the corresponding information or direct any other assistant prosecutor or state prosecutor. the age and date of birth of the complainant or the accused.Before the arraignment of the accused. Reversal by the Provincial or City Prosecutor or Chief State Prosecutor of resolution of investigating prosecutor. It shall state and contain. if eighteen (18) years of age or below.. That when the case has been appealed to the Regional State Prosecutor or the Department of Justice. shall be held in strict confidence and shall not be made known to the parties. as the case may be. in addition to the requirements of the Rules of Court on the sufficiency of the allegations in an information or complaint. 53. the following: a) b) c) d) e) f) the full name and aliases. as the case may be. Motion for reinvestigation. such motion may be filed. of said pleading. Information/Complaint. if any. SEC. a detailed description of the recovered items. 49. Provided. Confidentiality of resolutions. whether his recommendation be for the filing or dismissal of the case. custodian or guardian of the minor complainant or accused.All resolutions prepared by an Investigating Prosecutor after preliminary investigation.

Inhibition. 66 SEC.A Prosecutor shall inhibit himself from conducting a preliminary investigation in a case wherein a) 65 he or his wife or child is interested as heir.An information/complaint that is filed in court shall. if the resolution is for the indictment of the respondent. . G. and the bail recommended. The Investigating Prosecutor shall certify under oath that he or. as shown by the record. A motion for reconsideration is still part of due process in the preliminary investigation. creditor or otherwise. R.. the respondent's counter-affidavit and the sworn statements of his witnesses and such other evidence as may have been taken into account in arriving at a determination of the existence of probable cause. and that he is filing the complaint or information with the prior authority and approval of the Provincial/City Prosecutor concerned. be accompanied by a copy of the resolution of the Investigating Prosecutor. 57. Motion for reconsideration. if the charge is bailable. if the resolution is for the dismissal of the complaint. . and Fernandez V. and by ordinary mail to the complainant. 194 SCRA 292 66 [1991]. Documents to be attached to information/complaint. legatee. addressed to the Provincial/City Prosecutor or the Chief State Prosecutor. that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof. and by ordinary mail to the respondent. SEC. that the accused was informed of the complaint and of the evidence submitted against him and that he was given an opportunity to submit controverting evidence.94266-57. G. the complainant's affidavit. or Section 4 (2) Rule 112.g) h) the full name and address of the evidence custodian. No. 56. . 232 SCRA 192 [1994]. Felix. The motion shall be verified. Promulgation of resolution. The denial thereof is a reversible error as it constitutes a deprivation of the respondent's right to a full preliminary investigation preparatory to the filing of the information against him. 67 Torralba vs. No. the sworn statements of the prosecution's witnesses. Lim V. 230 SCRA 33 [1994]. Sandiganbayan. as far as practicable.A motion for reconsideration may be filed within ten (10) days from receipt of the resolution. and accompanied by proof of service of a copy thereof on the opposing party and must state clearly and distinctly the grounds relied upon in support of the motion.94054-57. an authorized officer. supra. registered mail with return card to the complainant.67 The court therefore may not proceed with the arraignment and trial pending resolution of the motion for reconsideration. had personally examined the complainant and his witnesses. SEC. or registered mail with return card to the respondent. .The result of the preliminary investigation shall be promulgated by furnishing the parties or their counsel a copy of the resolution by: a) b) c) personal service. See also Allado V. 55. Felix. Diokno.R. 54. 65 SEC.

trustee or A motion to disqualify or inhibit the Investigating Prosecutor may be filed with the City/Provincial or Chief State Prosecutor concerned for just or valid reasons other than those mentioned above. The provision of the preceding paragraph on the finality of the resolution of the Regional State Prosecutor notwithstanding.359 dated October 17. or executor. shall be made to the Regional State Prosecutor who shall resolve the petitions with finality. regardless of the imposable fine. . the preliminary b) c) investigation . the Secretary of Justice may. in the interest of justice and pursuant to his residual authority of supervision and control over the prosecutors of the Department of Justice.. party within the 6th degree of consanguinity or within the 4th degree.223 dated June 30.24 dated 24 March 1995.1993 as amended by DO No. 1995. Municipal Trial Courts and Municipal Circuit Trial Courts. Subject of petition for review. order the automatic review by his office of the resolution of the 68 Department of Justice Circular No.should the same be warranted by the circumstances . Period to resolve cases under preliminary investigation.b) c) he is related to either affinity or to counsel he has been named counsel.The following periods shall be observed in the resolution of cases under preliminary investigation: a) The preliminary investigation of complaints charging a capital offense shall be terminated and resolved within ninety (90) days from the date of assignment to the Investigating Prosecutor. 58. Department Order No.Only resolutions of the Chief State Prosecutor/Regional State Prosecutor/Provincial or City Prosecutor dismissing a criminal complaint may be the subject of a Petition for Review to the Secretary of Justice except as otherwise provided in Section 4 hereof. the total period (from the date of assignment to the time of actual resolution) that may be consumed in the conduct of the formal preliminary investigation shall not exceed the periods prescribed herein. Such petitions shall also be governed by these rules. administrator. guardian. The preliminary investigation of all other complaints involving crimes cognizable by the Regional Trial Courts shall be terminated and resolved within sixty (60) days from the date of assignment. SEC. PETITION FOR REVIEW69 SECTION 1. A petition from the resolution of a Provincial/City Prosecutor where the penalty prescribed for the offense charged does not exceed prision correccional. 69 . In cases of complaints involving crimes cognizable by the Metropolitan Trial Courts. 68 PART IV. In all instances.shall be terminated and resolved within sixty(60) days from the date of assignment to the Investigating Prosecutor.

SEC.S. Answer. 5. SEC. the Investigation Slip Number or I. that petitioner has filed in court a motion to defer further proceedings. and proof of service of a copy of the petition to the adverse party or his counsel and the prosecutor either by personal delivery or registered mail evidenced by the registry receipts and affidavit of mailing. 4. and the legal basis of the petition. date of filing of the mot )n for reconsideration. SEC. If the accused is arraigned during the pendency of the petition. the petition shall be dismissed motu proprio by the Secretary of Justice. if any. duly certified by the city/provincial prosecutor) and evidence submitted in the preliminary investigation by both parties and the questioned resolution. Period to file petition..The petition must be filed within a period of fifteen (15) days from receipt of the questioned resolution by the party or his counsel. names and addresses of the parties..Within a non-extendible period of fifteen (15) days from receipt of a copy of the petition. in case of a finding of probable cause. the assignment of errors. Cases not subject to review. . and/or criminal case number and the title of the case. Notwithstanding the showing of manifest error or grave abuse of discretion no petition shall be entertained where the accused had already been arraigned. b) c) d) e) f) g) The petitioner shall append to his petition copies of the material and pertinent affidavits/sworn statements (including their translations. the venue of the preliminary investigation. Either complainant/offended party or respondent/accused may file a petition. if any. 2. SEC.Regional State Prosecutors in the cases appealed to the latter. The prosecutor concerned shall immediately inform the Department or the Regional State Prosecutor of the action of the court on the motion to defer further proceedings. the respondent may file a verified answer . Form and contents. The period shall be interrupted only by the filing of a motion for reconsideration within ten (10) days from receipt of the resolution and shall continue to run from the time the resolution denying the motion shall have been received by the movant or his counsel.The petition shall be verified by the petitioner and shall contain the following: a) date of receipt of the questioned resolution. and date of receipt of the resolution on the motion for reconsideration. exceptions.No petition may be allowed from a resolution of the Chief State Prosecutor/Regional State Prosecutor/Provincial or City Prosecutor finding probable cause except upon showing of manifest error or grave abuse of discretion. 3. Once arraigned. a clear and concise statement of the facts. No.. the prosecutor concerned shall likewise immediately inform the Department or the Regional Stat& Prosecutor of such arraignment.

with leave of court. Notwithstanding the ruling in Crespo vs. 8. the Court may not proceed with the criminal proceedings until after the resolution of the Regional Prosecutor or of the Secretary of Justice shall 70 . the right to a petition for review is a part of due process. have discovered during the preliminary investigation and which if produced and admitted would probably change the resolution. that there is no showing of any reversible error. as the case may be. SEC. SEC.. except when it suspends the proceedings based on the alleged existence of a prejudicial question. the case shall be resolved on the basis of the petition. shall then issue a resolution directing the reinvestigation of the case.At any time after the filing of the petition and before its resolution. affirm or modify the questioned resolution. file a motion for reinvestigation on the ground that new and material evidence has been discovered which petitioner could not. They may. to the holding in abeyance of the issuance of warrant of arrest. motion for reconsideration/reinvestigation from a resolution finding probable cause shall not hold the filing of the information in court. motu proprio or on motion of the petitioner. When reinvestigation is granted.The Secretary of Justice or the Regional State Prosecutor may reverse. 9.A petition for review.. Disposition of petition. SEC. if still legally feasible. Mogul (151 SCRA 463 [1987]). Withdrawal of petition. SEC. 10. the petitioner may. Motion for Reconsideration.indicating therein the date that the copy of the petition was received with proof of service of the answer to the petitioner. that the procedure or requirements herein prescribed have not been complied with.The aggrieved party may file a motion for reconsideration within a non-extendible period of ten (10) days from receipt of the resolution on the petition.The petition may be withdrawn at any time before it is finally resolved. 7. The Department or the Regional State Prosecutor. furnishing the adverse party or his counsel and the prosecutor with copies thereof. No second motion for reconsideration shall be entertained.. and deferment of the arraignment. that the questioned resolution is interlocutory in nature. dismiss outright the petition on any of the following grounds: 9 a) b) c) d) e) that the offense has prescribed. or that other legal or factual grounds exist to warrant a dismissal. it shall take place in the Office of the Prosecutor from which the petition was taken. Motion for reinvestigation. 6. Effect of filing of petition. in which case the questioned resolution shall stand. SEC. If no answer is filed.. with reasonable diligence. Pending resolution of the Petition for review. . the accused is entitled to a suspension of the proceedings.70 Like a motion for reconsideration of the resolution of the City/Provincial Prosecutor.

shall be admitted to bail regardless of the stage of the criminal prosecution. Bail defined. 4 Criteria in recommending amount of bail. Nature of right to bad. the fact that respondent/accused under detention was a fugitive from justice when apprehended. or an offense punishable by reclusion perpetua or life imprisonment. 254 SCRA 307 [1996]).72 SEC.. series of 1996. 73 SEC.No person charged with a capital offense. the prosecution has the burden have become final. 73 . .. forfeiture of other bonds and pendency of other cases wherein the respondent/accused under detention is under bond. vs.In recommending the amount of bail to be granted by the court.The right to bail is guaranteed by the Constitution. state of health. 1994. reclusion perpetual or life imprisonment. Rules on Criminal Procedure. Burden of proof in bail application. supra. 5. Bail may be given in the form of corporate surety. SEC. Rule 114. furnished by him or a bondsman. property bond. nature and circumstances of the offense. per findings in the petition for review. et al. . BAIL71 9 SECTION 1. when evidence of guilt is strong. Jr. 2. Department of Justice Circular No. . weight of the evidence against the respondent/accused under detention. Sec. or recognizance. Sept.A. 1.Bail is the security given for the release of a person in custody of the law. 1981.12-94 dated August 16. the prosecutor shall take into consideration the following standards and criteria: a) b) c) d) e) f) g) h) financial ability of the respondent/accused to post bail. 6. would ensure the appearance of an accused person when so required by the court. conditioned upon his appearance before any court as required under the conditions hereinafter specified. penalty for the offense charged. Non-bailable offense. 72 Department of Justice Circular No.4. character and reputation of the respondent/accused under detention. 3.36. . et al. as amended by Supreme Court Administrative Circular No. and the corresponding motion has been filed in Court by the trial prosecutor to withdraw or dismiss the information or to proceed with the trial as the case may be.At the hearing of an application for admission to bail filed by any person who is in custody for the commission of an offense punishable by death. cash deposit. in his opinion.PART V. (See Roberts. effective 1 February 1996. age. and other factors affecting the probability of the accused appearing at the trial. SEC. It is the duty of the prosecutor to recommend such amount of bail to the courts of justice as. 71 Rule 114. C.

The evidence presented during the bail hearings shall be considered automatically reproduced at the trial. at the discretion of the court. . An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without prior permission of the court where the case is pending. The bail bond shall be deemed automatically canceled upon acquittal of the accused or dismissal of the case or execution of the final judgment of conviction. Recognizance. Notice of application for hail to prosecutor. shall be released on a reduced bail or on his own recognizance. SEC.In an application for bail. SEC. the court may release a person in custody on his own recognizance or that of a responsible person. reduced bail or recognizance. In case the maximum penalty to which the accused may be sentenced is destierro.Upon application filed with the court and after due notice to the prosecutor. . the cancellation shall be without prejudice to any liability on the bond. Rule 114.Whenever allowed pursuant to law or these Rules. the bondsmen may arrest him. 29. the court shall give reasonable notice of the hearing to the prosecutor or require him to submit his recommendation. or on written authority endorsed on a certified copy of the undertaking may cause him to be arrested by any police officer or any other person of suitable age and discretion. Art. 7. SEC. Cancellation of hail bond. BP BIg 85 [1980]. outside of the Philippines or otherwise unable to testify.of showing that evidence of guilt is strong. Bail. but upon motion of either party. SEC. the court may recall any witness for additional examination unless the witness is dead. he shall be released immediately without prejudice to the continuation of the trial thereof or the proceedings on appeal. . A person in custody for a period equal to or more than the minimum of the principal penalty prescribed for the offense charged without application of the Indeterminate Sentence Law or any modifying circumstance. . 74 See RA 6036 and Rules on Summary Procedure. When a person has been in custody for a period equal to or more than the possible maximum imprisonment of the offense charged to which he may be sentenced. the bail bond may be canceled upon surrender of the accused or proof of his death. .No bail shall be required when the law or the Rules issued by the Supreme Court so provide 74. 13. Revised Penal Code. SEC. . 8. 9.For the purpose of surrendering the accused. Arrest of accused out on hail. Sec. In all instances. 10. ibid. he shall be released after thirty (30) days of preventive imprisonment. when not required. 6.

exception. In case the accused has applied for probation. bail shall be P30.An accused shall not be allowed bail after the judgment has become final.000.000.00. Rules in computing the bail to be recommended. life imprisonment. bail shall be computed in accordance with this guideline. iv v. No had after final judgment. unless he has applied for probation before commencing to serve sentence. bail is not required except when respondent/accused is under arrest. iii. Where bail is a matter of right and the imposable penalty is imprisonment and/or fine.OO except when covered by the Rules on Summary Procedure. ii. SEC. the court may allow his release on recognizance under the custody of a responsible member of the community. he may be allowed temporary liberty under his bail bond. A fraction of a year shall be rounded-off to one year.O0nor more than P30.To achieve uniformity in the amount of bail to be recommended.000. . for violation of Batas Pambansa Blg. bail shall be three-eighths (3/8) of the value of the damage but not exceeding P30.000. 12. bail shall be computed as follows: 9 1.OOO. in which case.SEC. for crimes of reckless imprudence resulting in homicide arising from violation of the Land Transportation and Traffic Code. the following rules shall be observed: a) Where the penalty is reclusion perpetua.000. 11.00 per deceased person.000.00. bail is not a matter of right. . but if no bail was filed or the accused is incapable of filing one. hence.00.000. in case of reckless imprudence resulting to damage to property. bail shall be 50% of the amount of check but should not be less than P2.00. bait shall be based on the maximum of the penalty. multiplied by P2. . fine not exceeding P2. where the imposable penalty is correccional or afflictive. 6036. bail shall be computed based on the maximum of reclusion temporal.bail is not required. 22. Where the imposable penalty is only a fine.bail shall be 50% of the fine but should not exceed P30. In no case shall bail be allowed after the accused has commenced to serve sentence. the bail shall be computed on the basis of the penalty of imprisonment applying the following rules: 1. b) ii. it shall not be recommended. the penalty and the offense being within the purview of the Probation Law. where the penalty is reclusion temporal (regardless of period) to reclusion perpetua.00. iii. reclusion perpetua to death or death. fine of more than P2. for crimes covered by the Rules on Summary Procedure and Republic Act No.

the speedy and adequate remedy of the prosecutor is to immediately file the information so that the Regional Trial Court judge may issue the warrant for the arrest of the accused.If a warrant of arrest has been issued. 1937 (Tariff and Customs Code).24.86-87 cited in Department Circular No.Probable cause is such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested. Ammunition or Explosives). as amended by RA 7659. ii.OOO. the trial prosecutor shall. iii.76 SEC. The Constitution of the Republic of the Philippines. ARREST SECTION 1. dated March 24 1995. as amended. The prosecutor shall. manifest in open court that the evidence to be presented in the hearing of the petition for bail shall be adopted as its evidence-inchief. PART VI. SEC. .OO. Definition of probable cause as a ground for an arrest or issuance of a warrant of arrest.6539 (Anti-Carnapping Act). Vol. pp. Republic Act No. Republic Act No. 1987. 165 SCRA 724 [1988]. or Rebellion.6968. . . 186 (Illegal Possession of Firearms. Salvani. Where there are several accused and one or two filed a petition to bail. 2. as amended by RA 8294. Presidential Decree No.In case a petition for bail is filed by the accused and the court orders a continuous trial of the case. Republic Act No. before the presentation of his first witness. Remedy if no warrant of arrest is issued by the investigating judge. Bemas.6425 (Dangerous Drugs Act). Republic Act No. as amended by RA 7659. vi. v..If the investigating judge is satisfied that there is probable cause but did not issue the warrant of arrest contrary to the prosecutor's belief that there is a need to place the accused under custody. as far as practicable. Petition for bail in a continuous trial. a Commentary..7659 (for other crimes covered by it). 3. iv.shall be applied to the following offenses under the following laws: I. I. First Ed. insurrection or Coup d'etat as amended by Republic Act No. Request for a copy of the return. 13. multiplied by P1O. 75 76 Samulde vs. the prosecutor may request the warrant officer that he be furnished with the officer's return relative thereto. .Jr.d) Bail based on the maximum penalty. . coordinate with the witnesses from time to time to ascertain the whereabouts of the accused pending the latter's arrest. the public prosecutor shall be prepared with his principal witnesses.75 SEC.

2. and the reason/s in 77 Rule 118. 4.The plea is the reply of the accused to the charge. the accused may enter a plea of guilty or not guilty.PART VII. the prosecutor should know every fact and detail of the case. forensic experts. Rules on Criminal Procedure. At the arraignment. Concept of plea. CoflcQpt ofpre-trial.. Government witnesses. the Trial Prosecutor may conform thereto once proof of said petition has been presented by the petitioner to his satisfaction. to know why the prosecuting arm of government has been mobilized against him and to plead.1037. 2. usually at the arraignment stage. Duties of trial prosecutor. 3. p. 78 . After arraignment. ARRMGNMENT AND PLEA SECTION 1.n the testimony of the expert witness. should. . . It raises the issue to be tried and on which the judgment/sentence of the court can be properly based.Arraignment is a mandatory requirement that seeks to give the accused the opportunity. a) Before the arraignment of the accused. PART VIII. as much as practicable. medico-legal officer. 5th Ed. the trial prosecutor shall examine the information vis-a-vis the resolution of the investigating prosecutor in order to make the necessary corrections or revisions and to ensure that the information is sufficient in form and substance. the trial prosecutor shall prepare his witnesses for trial. This can be accomplished by interviewing the complainant and other witnesses and after a thorough examination of the available documentary and other physical evidence. . the scientific or technical terms applied. a naturally satisfactory disposition of a case subject to court approval in order to expedite the trial of the case. Black's Law Dictionary. b) SEC. 78 The prosecutor shall enter into a pre-trial only when the accused and counsel agree and upon order of the court. Duties of prosecutor before and after the pre-trial conference.When an aggrieved partymanifests in court that he has a pending petition for review with the Department of Justice and moves for a deferment of the arraignment pending resolution of his petition. chemist. 1979. . The prosecutor should place importance '. .g. e. Concept of arraignment. SEC. Effect of filing a petition for review. SEC.A pre-trial is a process whereby the accused and the prosecutors in a criminal case work out. PRE-TRIAL77 SECTION 1. The knowledge that the prosecutor will gain from said witness will help him determine the procedures undertaken in the examination of a subject or thing. be presented in accordance with the logical a~d chronological sequence of the technical aspects to be proved.Before the pre-trial conference. SEC. at the first instance. examiners etc.

1. During the pre-trial process. or on matters not otherwise disputed by them. the prosecutor shall ensure that any agreement or admission made or entered therein is in writing and signed by the accused and his counsel. . if such evidence has no relevance whatsoever to the theory of the defense. and the like. 2 Rule 129). . PhilippineOverseas and Employment Administration (POEA) Certification.The pre-trial conference shall consider the following: a) Plea bargaining . and Such other matters as will promote a fair and expeditious trial. Plea of guilty to a lesser offense. necropsy report. This will enable the Trial Prosecutor to evaluate the implications of the offer. the Trial Prosecutor may dispense with the presentation of evidence unless the court directs otherwise. SEC.g. medical or death cenificare. may motu propno agree to the offer of the accused to plead guilty to a b) c) 79 ibid. p. with the consent of the offended party. In cases requiring the presentation of government witnesses or evidence. Whenever appropriate or necessary.al. Stipulation of facts.This is the agreement of the parties on some facts admitted. ballistics report. .. 4. List of witnesses to be presented which should be qualified by the following statement: "that other witnesses may be presented in the course of the trial". Subject matters ofpre-tn.arriving at a certain conclusion. some facts covered by judicial notice (Sec. b) c) d) e) f) Marking of documentary evidence in advance for identification. The Trial Prosecutor. the Trial Prosecutor should exert every effort to secure a waiver by the accused of objections to the admissibility of certain documentary evidence. Rule 129). judicial admissions (Sec. 3. forensic chemistry report.1037. the prosecutor shall bear in mind that he has to prove his case beyond a reasonable doubt and that every act or incident should be proved by the testimony of qualified and competent witnesses. After the pre-trial conference. in order to d~spense with the presentation and testimony in court of government witnesses. Waiver in advance of objections to admissibility of evidence. SEC. the counter-affidavit of the accused submitted luring the preliminary investigation may be resorted to or availed of to denions~rate or establish the defense theory.The following rules shall apply to cases where the accused pleads guilty to a lesser offense: a) The Trial Prosecutor shall immediately move for the suspension of the proceedings whenever the accused manifests his intention in court to plead guilty to a lesser offense. e. If the lesser offense to which the accused will plead guilty is not a capital offense.This is a process where the defendants usually plead guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge 79.

TRIAL' SECTION 1. and to convict the guilty and protect the innocent.OOO. .OO. where the offense charged is homicide. Thus. If the recommendation is approved in writing.d) e) lesser offense if the penalty imposable therefor is prision correcional (maximum of six [61 years) or less or a fine not exceeding P12. may. When the penalty imposable for the offense charged is prision mayor (at least six [6] years and one [11 day or higher) or a fine exceeding ~12. Aujero 248 SCRA 511(1995). thereby resulting in us. .55. PART IX. may not be allowed. 5. the Trial Prosecutor shall first submit his comment/recommendation to the City or Provincial Prosecutor or to the Chief State Prosecutor. Amatan vs. The lesser offense shall also be one that is necessarily related to the offense charged or the offense must belong to the same classification or title under the Revised Penal Code or therelevant special laws.If the accused pleads guilty to a capital offense. the Trial Prosecutor must present evidence to prove the guilt of the accused and the precise degree of his culpability. 81 SEC.OOO.A trial is a judicial examination of the claims at issue in a case which are presented by the prosecution and defense to enable the court to arrive at a judgment pronouncing either the guilt or innocence of the accused. notwithstanding the presence of mitigating circumstances. In no case shall the subject plea to a lesser offense be allowed without the written approval of the above respective heads of office. with the consent of the offended party. the plea of guilty to a lesser offense may not be allowed where it so contravenes lo~ nd common sense as to be unconscionable. since the fact of death cannot be reconciled with the plea of guilty to frustrated or attempted homicide.The object of a trial is to mete out justice. the trial should be a search for the truth and not a contest over technicalities and must be conducted under such rules as will protect the 80 Department of Justice Circular No. .OO. a plea of guilty to a lesser offense of frustrated or attempted homicide. the penalty for the lesser offense to which the accused may be allowed to plead guilty shall not be more than two (2) degrees lower than the imposable penalty for the crime charged. agree to a plea of guilty to a lesser offense. 81 . dated 31 July 1990. 2 SEC. 80 However. This is mandatory. Homicide necessarily produces death. for approval. while frustrated or attempted homicide does not. when accused pleads guilty to a capital offense. 2. the Chief State Prosecutor or the Provincial or City Prosecutor concerned shall act on the recommendation of the Trial Prosecutor within forty-eight (48) hours from receipt thereof. the Trial Prosecutor. Concept of trial. In all cases. For this purpose. Definition of trial. as the case may be.

However. . SEC. identifying each by letter or number. Expeditious prosecution of criminal cases filed with the courts. and not when his testimony would simply corroborate or otherwise strengthen the evidence in the hands of the prosecution.The Trial Prosecutor shall safely keep his documentary and other physical evidence and prepare a list thereof in the order they have been marked as exhibits. a) The order in the presentation of witnesses will be left to the discretion of the Trial Prosecutor. upon motion of the prosecution before resting its case.innocent.. 6 as when he alone has knowledge of the crime. . 4 No postponement of the trial or other proceedings of a criminal case shall be initiated or caused by the Trial Prosecutor except in instances where the postponement is occasioned by the absence of material witnesses or for other causes beyond his control or not attributable to him. SEC. Preparation of formal offer of exhibits. the prosecutor should take into consideration the order of events as established by the evidence of the prosecution. describing it briefly. 4. background. b) Witnesses who will testify for the first time shall be afforded the opportunity to be advised to observe criminal proceedings in court to help them overcome their anxiety. Order of presentation of witnesses. a) b) Before reception of evidence for the defense starts. to enable him to have a clear view of the defense of the accused. after hearing. SEC. the court may direct one or more of the accused to be discharged with their consent so that they may be witnesses for the state provided the court. is likely to put the blame on others rather than c) . 7. If the names of defense witnesses are disclosed the Trial Prosecutor shall elicit from reliable sources the whereabouts of these witnesses.5 b) There is no other direct evidence available for the proper prosecution of the offense committed.3 SEC. 3. and stating its specific purpose or purposes.7 The testimony of said accused can be substantially corroborated in its material points. is satisfied that: a) There is absolute necessity for the testimony of the accused whose discharge is requested. their moral character. reasons for testifying and relationship with the accused. except the testimony of said accused. Defense evidence. among other things. Discharge of accused to he state witness. -The Trial Prosecutor shall always be prepared to conduct the prosecution with his witnesses who shall be subpoenaed well in advance of the scheduled trial dates. This is an indispensable requirement because it is a notorious fact in human nature that a culprit. 6. 5. excitement and tension. the Trial Prosecutor shall ask from the adverse counsel the number of witnesses he intends to present. confessing to a crime.When two or more persons are jointly charged with the commission of any offense. SEC.

Security and Benefit Act" if he complies with the other requirements of said Act. or before any investigating authority. All the perpetrators of the offense bound in conspiracy are equally guilty. and 1. -The following may also avail of the Witness Protection Program under R. Other persons who may avail of the Witness Protection Program.9 The mere fact that the witness sought to be discharged had pleaded guilty In the crime charged does not violate the rule that the discharged defendant must not "appear to be the most guilty”. so an accused who is not the most guilty is allowed to testify against the most guilty. SEC. And even if the witness should lack some of the qualifications enumerated by Sec. forced. Witness protection. Rule 119. although an accused did not commit anv of the stabbing. ii. be discarded or disregarded. 6981: a) Any person who has witnessed or has knowledge of or information on the commission of a crime and has testified or is testifying or is about to testify before any judicial or quasijudicial body. 8. in order to achieve the greater purpose of securing the conviction of the more or most guilty and the greatest number among the accused permitted to be convicted for the offense they committed. harassed or corrupted to prevent him from testifying. for that reason alone. "The Witness Protection.An accused who is discharged from an information or criminal complaint in order that he may be a state witness as provided in the preceding section may. he or any member of his family within the second civil degree of consanguinity or affinity is subjected to threats to his life or bodily injury or there is a likelihood that he will be killed. even though a court may get the statement of a discharged accused that other particular persons were engaged in the crime.~ Said accused does not appear to be the most guilty. his statements concerning the relative blame to be attached to different members of his gang. . intimidated. that: the offense in which his testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws.A. Evidence adduced in support of the discharge sha11 automatically form part of the trial. his testimony can be substantially corroborated on its material points. because or on account of his testimony. his sworn statement shall be inadmissible in evidence.6981.A. 9. SEC.'' However. No. it is a mistake to discharge him as a state \witness where he is bound in a conspiracy. it is unsafe to accept without corroborating evidence. . Said accused has not at anv time been convicted of any offense involving moral turpitude. iii. If the court denies the motion for discharge of the accused as state witness. Provided. upon his petition. or to testify falsely or evasively.10 The ground underlying the rule is not to let a crime that has been committed go unpunished. 9. Thus. No. be admitted to the Witness Protection Program under R. his testimony will not.d) e) himself.

iv. b) Any person who has participated in the commission of a crime and desires to be a witness for the State. ii. once commenced. 12. he is not a law enforcement officer. the party is deemed to have completed his evidence presentation. .During the presentation of the prosecution's evidence. even if he would be testifying against other law enforcement officers. provided that said extension will not go beyond the three-month limit computed from the first trial date. there is no other direct evidence available for the proper prosecution of the offense committed. '5 Where a Trial Prosecutor. 14 SEC. . 13. he does not appear to be the most guilty. the accused is entitled to relief by a proceeding in mandamus to compel a dismissal of the information. 11. the prosecutor shall review the record of the case for trial and complete his preparation therefore bearing in mind that trial. whenever the following circumstances are present: the offense in which testimony will be used is a grave felony as defined under the Revised Penal Code or its equivalent under special laws. leaving to the court's discretion the disposition of the subject motions. secures postponements of the trial over the objections of a defendant beyond a reasonable period of time.'3 SEC.Each party is bound to complete the presentation of his evidence within the trial dates assigned to him. i. without good cause. by habeas corpus to obtain his freedom 16. However. may continue from day to day until terminated. the judge may allow the party additional trial dates in the afternoon. upon verified motion based on serious reasons. Presentation of evidence. . iv his testimony can be substantially corroborated on its material points. SEC. Rule 119 of the Rules of Criminal Procedure: a) The prosecution shall present evidence to prove the charge and. or if he be restrained of his liberty. Motions for postponement of accused. In such a case. Discontinuance of proceedings. there is absolute necessity for his testimony. in the . only the immediate members of his family may avail themselves of the protection provided for under the Act.Motions for postponement that are initiated by the accused should be vigorously opposed by the Trial Prosecutor and he should make of record his objections thereto. and that trial shall proceed in the following order pursuant to Sec. Order of trial. the Trial Prosecutor shall not cause or allow the discontinuance of the proceedings except for other similarly compelling reasons not attributable to him. 3. . SEC. After the lapse of said dates. iii. V.Upon receipt of the notice of trial. 10. and vi he has not at any time been convicted of any crime involving moral turpitude..

The statement thus taken may be admitted on behalf of or against the accused. SEC. the Trial Prosecutor should present the forensic chemist who examined the dangerous drug ahead of the other witnesses in order that the court may at once have a view of the real evidence (either the prohibited or regulated drug subject of the case) and so that such evidence may immediately identified by the other witnesses thus avoiding the recall of witnesses later on. or after reasonable notice to attend the examination has been served on him. Cross-Examination of defense witnesses. Failure or refusal on the part of the accused to attend the examination after notice herein before provided. arising from the issuance of any provisional remedy in the case. in the case of prosecution under the Dangerous Drugs Law. The prosecutor shall endeavor to secure well in advance all available information about a defense witness in order to prepare for an effective cross-examination. 15. the case shall be deemed submitted for decision unless the court directs the parties to argue orally or to submit memoranda. Examination of witnesses for the prosecution. The rule of logical sequencing notwithstanding. . shall be considered a waiver. unless the court. the civil liability. permits them to present additional evidence bearing upon the main issue. SEC. should be made to testify as early as practicable.-Where it shall satisfactorily appear that the witness for the prosecution is too sick or infirm to appear at the trial as directed by order of the court. he may forthwith be conditionally examined before the judge or the court where the case is pending. Rebuttal evidence.The order in the presentation of witnesses shall. a cross-examination need not be conducted. if any. a witness whose testimony is vital to the case and whose life is in danger or who may be sick/injured arid may possibly die. 16. d) Upon admission of the evidence. Where the testimony of a defense witness bears no effect on the evidence of the prosecution. b) The accused may present evidence to prove his defense. 14. Presentation of witnesses. organized and coherent picture to the court of the prosecution's evidence.. \Where there is nothing to refute.. SEC. rebuttal evidence is unnecessary.proper case. c) The parties may then respectively present rebutting evidence only. conform to he logical sequence of events obtaining in the case on trial in order to present a clear. or has to leave the Philippines with no definite date of returning thereto. and damages. Such examination in the presence of the accused.The presentation and nature of rebuttal evidence will depend on the effect which the defense evidence may have caused on the prosecution's evidence-in-chief. when the accused admits the act or omission charged in the complaint or information but interposes a lawful defense. e) However. the order of trial may be modified accordingly. SEC. will be conducted in the same manner as an examination at the trial. as far as practicable. For example. 17. The recall of a witness who already testified during the evidence-in-chief presentation merely to refute what a defense witness may have stated during his defense testimony is not generally a rebuttal evidence. in furtherance of justice.

48 .