DEPARTMENT OF JUSTICE National Prosecution Service

MANUAL FOR PROSECUTORS

TABLE OF CONTENTS PAGE FOREWORD ACKNOWLEDGEMENT PART I. PROSECUTION OF OFFENSES Sec. 1. Criminal Action 1 Sec. 2. How and Where Commenced 1 Sec. 3. Complaint 1 Sec. 4. Offended Party, Defined 1 Sec. 5. Information 1 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 4 Sec. 18. Amendment of Information or Complaint Sec. 19. Mistake in Form and Substance Sec. 20. How Period of Prescription Computed

2 2 2 2 2 3 3 3 .3 3 .3 . 4 4

and Interrupted PART II. Sec. Sec. Sec. Sec. Sec. Sec Sec. Sec. ed

4

INQUEST 1. Concept 2 Designation of Inquest Officer 3. Commencement and Termination of Inquest 4. Documents Required in Specific Cases 5. Incomplete Documents 6. Presence of Detained Person 7. Charges and Counter-charges 8. Initial Duty of Inquest Officer Sec. 9. Where Arrest Not Properly Effect

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 14 Sec. 19. Release of Recovered Articles 14 PART III. PRELIMINARY INVESTIGATION Sec. 1. Concept of Preliminary Investigation Sec. 2. Purpose of Preliminary Investigation Sec. 3. Nature of Preliminary Investigation Sec. 4. Effect of Amendment of Information Sec. 5. Where Right of Preliminary Investigation may be Invoked 17 Sec. 6. Officers Authorized Investigation 17 Sec. 7. Commencement of Preliminary Investigation Sec. 8. Complaint 18 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

17 17 17 17 to Conduct Preliminary 18 18 19 19 19 19 20 20

Sec. 16 Service of Subpoena in Preliminary Investigat ion . 20 Sec. 17. Where Respondent Cannot be Subpoenaed 21 Sec. 18. Counter-Affidavit 21 Sec. 19. Motion for Dismissal/Bill of Particulars 22 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 Sec. 25. Issuance of Orders of Suspension of Proceedings 23 Sec. 26. Reply-Affidavits and Rejoinders 23 Sec. 27. Clarificatory Questions 24 Sec. 28. Submission of Case for Resolution 24 Sec. 29. Lack of Probable Cause 24 Sec. 30. Finding of Probable Cause 24. Sec. 31. Reopening of Investigation 24 Sec. 32. Cases Transmitted by the Municipal Trial Judge . 25 Sec 33. Memoranda 25 Sec. 34. Period for Resolving a Case 25 Sec. 35. Form of Resolution and Number of Copies 26 Sec. 36. Contents of the Resolution Sec. 37. Caption of Resolution Sec. 38. Names of Parties Sec. 26 Sec. Sec. Sec. Sec. Sec. Sec. 28 Sec. Sec. 28 Sec. 39. Case Number 40. Designation of Offense Charged . 41. Contents of Body of Resolution . 42. Parts of a Resolution 27 43.How Recommended Bail is Written 44.Recommended Bail 45.Parties to be Furnished with a Copy of the Resolution 46.Signature and Initials of Investigating Prosecutor . 47.Records of the Case 26 27 28 28 28

26 26 26

48.Action of the Provincial or City Prosecutor or Chief State Prosecutor on Resolution 28 Sec. 49.Reversal by the Provincial or City Prosecutor or Chief State Prosecutor of Resolution of Investigating Prosecutor 28 Sec. 50.Approval of Pleading by Head of Prosecution 28 Sec. 52. Confidentiality of Resolutions 29 29 Sec. 53. Information/Complaint 29 29 Sec. 54. Documents to be Attached to Informationi Complaint 30 30 Sec. 55. Promulgation of Resolution 30 30 Sec. 56. Motion for Reconsideration 30 30 Sec. 57. Inhibition 30 30 Sec. 58. Period to Resolve Cases Under Preliminary Investigation 31 31 PART IV. PETITION FOR REVIEW Sec. 1. Subject of Petition for Review 34 Sec. 2. Period to File Petition

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34 3. Form and Contents 34 34 Sec. 4. Cases not Subject to Review; Exceptions 35 35 Sec. 5. Answer 35 Sec. 6. Withdrawal of Petition Sec 35 Sec. Sec. Sec. Sec. 7. Motion for Reinvestigation 35 35 8. Disposition of Petition 35 9. Motion for Reconsideration 36 10. Effect of Filing of Petition 36 38

PART V. BAIL Sec. 1. Bail Defined Sec. 38 Sec. 38 Sec. Sec. 38 Sec. 39 2. Nature of Right to Bail 3. Non-Bailable Offense 4. Criteria in Recommending Amount of Bail 5. Burden of Proof in Bail Application 6. Recognizance

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Sec. 7. Bail, When not Required; Reduced Bail or Recognizance 39 Sec. 8. Notice of Application for Bail to Prosecutor 39 Sec. 9. Cancellation of Bail Bond 39 Sec. 10. Arrest of Accused Out on Bail 39 Sec. 11.No Bail After Final Judgment, Exception 39 Sec. 12.Rules in Computing the Bail to be Recommended 40 Sec. 13.Petition for Bail in a Continuous Trial 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. Sec. 45 Sec. 45 Sec. 45 Sec. ARRAIGNMENT AND PLEA 1. Concept of Arraignment 2. Duties of Trial Prosecutor 3. Effect of Filing a Petition for Review . 4. Concept of Plea

Order of Presentation of Witnesses . Form of Motion to Quash 58 Sec. 19.. Concept of Trial Sec. 6. Motions for Postponement of Accused 53 Sec. Duties of Prosecutor Before and After the Pre-trial Conference 46 Sec. Definition of Trial Sec. Expeditious Prosecution of Criminal Cases Filed with the Courts 50 Sec. TRIAL Sec. 10. 7. 15. Subject Matters of Pre-trial 46 Sec. 2. 8. 1. Discontinuance of Proceedings 53 Sec. 3. 5. 18. 13. . 4. Discharge of Accused to be State Witness Sec. Preparation of Formal Offer of Exhibits Sec. 11. 6. Court Action Sustaining Motion to Quash 59 Sec. Meaning of "Appeal in Due Time 60 50 50 51 54 54 . Defense Evidence 50 Sec. 9. 4. 8. Other Persons Who May Avail of the Witness Protection Program 52 Sec. 12. 48 PART IX. Presentation of Evidence 53 Sec. Custody of Physical and Real Evidence Pending Trial 55 PART X. 1. When Accused Pleads Guilty to a Capital Offense . Witness Protection 52 Sec. Denial of Motion to Quash 59 Sec. Concept of Pre-trial 46 Sec. Grounds of Motion to Quash 58 Sec. 7. Cross-Examination of Defense Witnesses Sec. Sec. 5. 5. Nature of Order Denying Motion to Quash 59 Sec. Rebuttal Evidence 54 Sec. Amendment of Complaint or Information 59 Sec. 4. 3. Request for Subpoena 55 Sec. 2. . 2. Order of Trial 53 Sec. Presentation of Witnesses 54 Sec. Definition and Purpose of Motion to Quash 58 Sec. 14.10. 3. Examination of Witness for the Prosecution Sec. 1.. Nature of Court Order Granting a Motion to Quash 59 Sec. MOTION TO QUASH Sec. 16. 9. PRE-TRIAL Sec.45 PART VIII. Plea of Guilty to a Lesser Offense 47 Sec. Time to Move to Quash 58 Sec. 17.

This Manual partly answers this need. Release Order Of Detained Person 72 Appendix "B-2". 3. Request for Preliminary Investigation and Waiver of Article 125. Release Order Of Recovered Articles 75 Appendix "B-S". 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 refere . Notification of Prosecutor of the Filing of an Application for P robation 63 Sec. Comment on Application for Probation 63 Sec. NPS Form 1. Order (To submit additional evidenciary documents) 71 Appendix "B-i". 6. Order Sustaining the Motion to Quash not a Bar to Another Prosecution. A compilation of pertinent provisions of the Rules on Criminal Procedure. NPS Form 4. MISCELLANEOUS MATTERS Sec. 2. 4. Depart ment of Justice issuances and decisions of the Supreme Court. 5. NPS Form 5. 7. Hold Departure Orders of Accused Persons 62 Sec. NPS Form 6. Objection to Grant of Probation 63 Sec.Sec. Revised Penal Code 73 Appendix "B-3". Certification (For Information in Inquest Cases) 74 Appendix "B-4". NPS Form 2. Exception PART XI. Hearing for Revocation of Probation 64 Sec. Handling of Complaints Filed Against Public Officers and Employees 62 Sec.Control of Case Record 70 Appendix 'B. Request for Release Of Recovered Articles 76 FOREWORD There is a need t~ ii~aintain the level of competence of our prosecutors to enab le them t~ creditably perform their delicate tasks of prosecuting the guilty and protecting the innocent. Procedure in Cases Involving Children 64 APPENDICES Appendix 'A1. 1. NPS Form 3. 60 11. Cancellation of Travel Documents 62 Sec. 9. 8.

Jr. Rivera. The Body is headed by Assistant Chief State Prosecutor Francisco L. I wish to acknowledge the rote of Rizal Provincial Prosecutor Gr egono A. Exevea. Doubtless. Regional State Prosecutor Claro A. We expect this Manual to be enriched and improved through use. Qu ezon City Prosecutor Candido F. under Department of Justice Order No.Laguna Provincial Prosecutor George C. Pasig City Prosecutor Antonio L. Santos and the following as members: then Assistant Chief State Prosecutor and now Chief S tate Prosecutor Jovencito R. Dee and Rizal 2nd Assistant Provincial Fiscal Apolinario D. Jr. ()~'3rcls this en d any suggestions for its improvement will )C highly appreciated. Liorent e. M ariano and Apolinario G.153 dated 28 May 1996 . Domingo for taking pains in reading the manuscript. In this regard. this Manual will help elevate the quality of prosecutorial ~ and answ er the clamor ~i. TEOFISTO 1 GUINGONA. Zuno.nce book for the prosecutors in the field. . Guingona. Guerrero both of whom contr ibuted valuable and refined insights into the work of a prosecutor. Brusel as. The Committee was assisted in its work by former Rizal Provincial Prosecutor Mau ro M. Assistant Chief State Prosecutors Nib C. Arellano. JR Secretary ACKNOWLEDGEMENT This manual was put together by a Committee created by Secretary of Justice Teof isto T. our people for fast and efficient justice. Castro and Deputy Ombudsman for Luzon Jesus F. Arizala and his team in putting the Manual in its final form and State Prosecutor II Teresita R.

153. series of 1996 NOTE THIS MANUAL IS DESIGNED TO BE REVISED AND UPDATED AS THE NEED ARISES. LIWAG Undersecretary Chairman.RAMON J. FILE THESE NEW PAGES AS SOON AS POSSIBLE TO KEEP YOUR MANUAL CURRENT AND COMPLET E. . WHEN CHANGES OCCUR IN THE RELEVANT LAW. Committee created under Department Order No.THESE CHANGES WILL BE FORWARDED TO YOU IN THE FORM OF NEW LOOSE LEAF PAGES. ISSUANCE OR JURISPRUDENCE .

-The following shall also be alleged in a complaint or information: a) every essential element O{ the offense. SEC. . any peace officer or publi c officer charged with the enforcement of the law violated. Complaint. and filed with the court.The offended party is the person against whom or against whose property the crime was committed. PROSECUTION AND TRIAL OF CRIMINAL CASES PART I.An information is the accusation in writing charging a pe rson with an offense. the prosecutor shall warn the co mplainant that any false statement in the complaint may give rise to a finding o f a prima facie case for perjury before the same office. . c) all qualifying and generic aggravating circumstances which are integral pans of the offense. . name of the offended party. Other essential matters to be alleged in complaint or information. Sufficiency of complaint or information.A complaint or information t shall be considered sufficient if it states a) b) c) d) e) f) the the the the the the name of the accused. a criminal action for an offense committed within Metro Manila. Criminal action. certify under oath that a) he has examined the complainant and his witnesses.RULES ON PROCEDURE IN THE INVESTIGATION. approximate time of the commission of the offense. b) there is reasonable ground to believe that a crime has been committed an d that the accused is probably guilty thereof. Offended party. 6. however. act or omission complained of. SEC. 2. 3. d) all matters that are essential to the constitution of the offense.A complaint is a sworn written statement charging a person with an offense and subscribed by the offended party. . 7. Th e information need not be placed under oath by the prosecutor signing the same. SEC.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. SEC. . such . may be commenced only by the filing of t he complaint with the Prosecutor's Office. SEC. b) the criminal intent of the accused and its relation to the act or omissi on complained of. 4. designation of the offense committed. However. c) the accused was informed of the complaint and of the evidence submitted against him. To discourage the filing of harassment charges. and place where the offense was committed. The prosecutor must. subscribed by the prosecutor. Information. 5.A criminal action is one by which the state prosec utes a person for an act or omission punishable by law. . PROSECUTION OF OFFENSES SECTION 1. How and where commenced. defined. SEC. and d) the accused was given an opportunity to submit controverting evidence.

In the case of accused minors. the particula r knowledge to establish culpable intent. b) the statement of the act or omission constituting the same. and whenever applicable.The complaint or information shall state the name and surname of the accused.as the ownership and/or value of the property robbed or destroyed. 8. Cause of accusation.g.The precise time of the commission of the offense shall be stated in the complaint or information if time is a materia l ingredient of the offense e. infanticide. . and if there is no such designation.treason. . unle ss the particular place in which the crime was committed is an essential element of the crime e." SEC. if known. . and addre sses. . SEC.g. e) age of the minor accused.The complaint or information is s ufficient if it states that the crime charged was committed or some of the ingre dients thereof occurred at some place within the jurisdiction of the court. The denomination of the offense and the specific law and provision violated shall be specified. a) the designation given to the offense by the statute. Time of commission of offense. . the complaint or information shall stat e. Place of the commission of offense.. the accused shall be mentioned un der a fictitious name such as "John Doe'1 or "Jane Doe. The statement need not use the terms of the statute defining the offense s o long as a person of common understanding is able to know what offense was inte nded to be charged and to enable the court to pronounce proper judgment. . in addition to the name of the Plaintiff. in a prosecution for violation of the provision of the Electi on Code which punishes the carrying of a deadly weapon in a t'polling place ". whenever possible. SEC.In addition to the matters listed above..e. of all the accused. the fact that he acte d with discernment. SEC. 3EC. Title of complaint or information. when age is material. maternal name. . the domicile in the o ffense of "violation of domicile. and f) age of the minor complainant. .The title of the complaint or info rmation shall be in the name of the "People of the Philippines" as Plaintiff aga inst all persons who appear to be responsible for the offense involved. their age shall be indi cated in the caption.The caption of an information shall. 12. 9. Additional contents of a complaint . reference shall be made to the section or subsection of the law punishing it. 14. indicate the following: a) the complete names i. surname. 11. 13. or any appellation or nickname by which he -h as been or is known. and c) the offense charged. If his name is not known. given name." SEC.The act or omission complained of as constitutin g the offense shall be stated in an ordinary and concise language without repeti tion.g. Name of accused. 10. 15. o r if it is necessary to identify the offense charged e. Otherwise. it is suffici ent that it be alleged that the offense was committed at any time as near to the actual date at which the offense was committed.To properly inform the accused of the nature and cause of the accusation against him. SEC. a complaint or information shall contain a certification that the recital s therein are true and correct and not in the nature of a countercharge to avoid conflict in the appreciation of the facts and evidence. b) the case number. . SEC. Contents of caption of an information. Designation of offense. or the particular intention that chara cterizes the offense.

A mistake in substance is any omission or misstatement which prevents an informa tion from showing on its face that an offense has been committed. if there has been a mistake in charging the proper offense. 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.g. Number nly one offense cases in which . SEC. the list of witnesses shall include the complainant.An information or complaint ma y be amended before the accused pleads. Mistake inform and substance. . At any time before judgment. SEC. Amendment of information or complaint. the period of prescription is interrupted only by the filing of the complaint or information in court. is a matter of right. and those which will not m islead 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 h ave would be equally applicable to the one form as in the other. amendment of the information or complaint. 17. 19.The information shall contain the comp lete names and addresses of all identified witnesses for the prosecution. in substance or form.SEC.A mistake in form refers to clerical er rors. matters which are not essential to the charge. provided the accused would not be placed thereby in double jeopardy. or b) by the filing of the complaint or information with the court even if it is merely for purposes of preliminary examination or investigation. In cas es for violation of B. or wit the Office of the Ombudsman. the aut horities. or even if t he court where the complaint or information is filed cannot try the case on its merits.For an offense penalized under the Revised Penal Code.A complaint or information shall charge o so as not to confuse the accused in his defense. and in physical injuries cases. except in those existing laws prescribe a single punishment for various offenses crimes under Article 48 of the Revised Penal Code. Sec tion 11. . T he court may also require the witnesses to give bail for their appearance at the trial. . e. P. After plea and during trial. 18. Before plea. and durin g the trial. 16. . or their agents. the bank representative with specific reference to the check and account numbers involved and in the proper cases. SEC. after the accused has pleaded. List of prosecution witnesses. 20. the attending physician with specific reference to the medical report and date of the incident. the company auditor. or from showin g what offense is intended to be charged.. and shall be interrupted: a) by the filing of the complaint with the Office of the City/Provincial Pr osecutor. for an offense covered by the Rules on Summary Procedure. . 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. the period of prescription commences to run from the day on which the crime is discovered by the offended party. Blg. SEC. . 22 and estafa cases. However. complex of offenses charged. How Period of Prescription Computed and Interrupted.

22 Prescription shall not run when the offender is absent from the country. from the discovery and the institution of judicial proc eedings for its investigation and punishment. INQUEST SECTION 1. the period of prescription shall co mmence to run from the day of the commission of the violation.Inquest is an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detaine d 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 corr espondingly be charged in court. those assigned t o inquest duties shall discharge their functions during the hours of their desig nated assignments and only at the police stations/headquarters of the PNP in ord er to expedite and facilitate the disposition of inquest eases.The prescription of an offense filed before the Prosecutor or Ombudsman shall co mmence to run again when such proceedings terminate. If. cause the affidavit of arrest and statements/affidavits of the complainant and the witnesses to be subscribed . . while the prescription of a n offense filed in court starts to run again when the proceedings terminate with out the accused being convicted or acquitted or are unjustifiably stopped for an y reason not imputable to the accused. The Inquest Officer shall. That such interruption shall not exceed sixty (60) days from the filing of the complaint with the puno ng barangay. and if the same i s not known at the time. Concept. For cases falling within the jurisdiction of the Katarungang Pambarangay. In cases where the imposable penalty is imprisonment and/or a fine. 3. but shall resume to run again upon receipt by the complain ant of the certificate of repudiation or of the certification to file action iss ued by the lupon or pangkat secretary. For violation of a special law or ordinance. there is only one Prosecutor in the area. as far as practicable. SEC. The City or Provincial Prosecutor shall designate the Prosecutors assigned to inquest duties and shall furnish the Phil ippine National Police (PNP) a list of their names and their schedule of assignm ents. b) the investigation report. SEC. 2. however. and d) other supporting evidence gathered by the police in the course of the l atter's investigation of the criminal incident involving the arrested or detaine d person. all inquest eases s hall be referred to him for appropriate action. however. the pe riod of prescription is likewise interrupted by the filing of the complaint with the punong barangay.The inquest proceedings shall be considered commenced upon receipt by the Inquest Officer from the law enforce ment authorities of the complaint/referral documents which should include: a) the affidavit of arrest. the greater penalty shall be the basis for the computation of prescription.. c) the statement of the complainant and witnesses. Unless otherwise directed by the City or Provincial Prosecutor. Provided. The prescription shall be interrup ted 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 doubl e jeopardy. PART II. Designation of In quest Officer. Commencement and termination of inquest.

D.533) a) b) machine copy of the cattle certificate of registration. to wit: Murder. . If the foregoing docume nts are not available. . Violation of the Anti-Cattle Rustling Law (P. b) machine copy or photograph of the buy-bust money. Parricide and Physical Injuries a) medical certificate of the complaining witness showing the nature or ext ent of the injury. and c) certificate or statement as to duration of incapacity for work. the Inquest Officer may temporarily rely on the field tes t results on the seized drug. No.The Inquest Officer shall. Seduction and Forcible Abduction with Rape a) the medico-legal report (living case report). as amended) a) chemistry report or certificate of laboratory examination duly signed by the forensic chemist or other duly authorized officer. if any. The inquest proceedings must be terminated within the period prescribed under th e provisions of Article 125 of the Revised Penal Code.6425.6539) a) machine copy of the certificate of motor vehicle registration. if readi ly available. b) machine copy of the current official receipt of payment of theregistrati on fees of the subject motor vehicle. Violation of the Anti-Carnapping Law (R. Murder. No. Violation of the Anti-Piracy and Anti-Highway Robbery Law (P. No. and c) affidavit of the poseur-buyer. and c) other evidence of ownership. b) certification or statement as to duration of the treatment or medical at tendance. and b) statement of their respective values.D. Theft and Robbery. require the submission/presentation of the documents listed be low. in which event. the Inquest Officer shall direct th e arresting officer to immediately forward the seized drug to the crime laborato ry for expert testing and to submit to the prosecutor's office the final forensi c chemistry report within five (5) days from the date of the inquest. a nd b) necropsy report and the certificate of post-mortem examination. SEC. Frustrated or Attempted Homicide. No. Rape.and sworn to before him by the arresting officer and the affiants. and photograph of the cattle. Documents required in specific cases. 4.1612) a) a list/inventory of the articles and items subject of the offense.A.532) and Violation of the Anti-Fencing Law (P. if readily available. as fa r as practicable.D. Homicide and Parricide a) certified true/machine copy of the certificate of death of the victim. No. Violation of the Dangerous Drugs Law (R. as attested to by a PNP Narcotics Command operativ e or other competent person.A. if the victim submitted her self for medical or physical examination. as amended.

. Incomplete documents. No. number of pieces and other important details such as estimated value of the products confiscated.9. direct the law enforcement agency co ncerned to file the case with the City or Provincial Prosecutor for appropriate action.All charges and counter-charges arising fr om the same incident shall. No.1866) a) b) chemistry report duly signed by the forensic chemist. and photograph of the explosives.704) a) b) photograph of the confiscated fish. 7. Charges and counter-charges.. and cash money. Presence of detained person. Violation of the Fisheries Law (P.D. and certification of the Bureau of Fisheries and Aquatic Resources. 5. The absence of the detained person by reason of any of the foregoing factors sha ll be noted by the Inquest Officer and reflected in the record of the case. Rule 113 of the 1985 Rules on Criminal Procedure. if readily available. as far as practicable.Violation of Illegal Gambling Law (P. sex and other similar factors. the I nquest Officer shall order the release of the detained person and. . . or d) if the presence of the detained person is not feasible by reason of age. the production of the detained person before the Inquest Officer may be dispensed with in the following cases: a) if he is confined in a hospital. b) certification of Department of Environment and Natural Resources/B ureau of Forest Management. as amended. 6. 8. if readily available. Violation of the Forestry Law (P. However.D. if any.The Inquest Officer shall first deter mine if the arrest of the detained person was made in accordance with paragraphs (a) and (b) of Section 5. Initial duty of Inquest Officer. b) if he is detained in a place under maximum security. health. Illegal Possession of Explosives (P. SEC. The submission of the foregoing documents shall not be absolutely required if th ere are other forms of evidence submitted which will sufficiently establish the facts sought to be proved by the foregoing documents. No.When the documents presented are not complete to establish probable cause.705) a) scale sheets containing the volume and species of the forest products co nfiscated. SEC. the Inquest Officer shall direct the law enforcement agency to submit the required evidence within the period prescribed under the pr ovisions of Article 125 of the Revised Penal Code. be consolidated and inquested jointly to avoid contradictory or inconsistent dispositions.The presence of the detained person who i s under custody shall be ensured during the proceedings. and c) seizure receipt. c) if production of the detained person will involve security risks.1602) a) b) gambling paraphernalia. Otherwise.9. . SEC. where the in quest is conducted outside of office hours. No. SEC.

or b) when an offense has in fact just been committed. the Inquest Officer may summarily examine the arresting office rs on the circumstances surrounding the arrest or apprehension of the detained p erson. c) prepare a brief memorandum indicating the reasons for the action taken.Probable cause exists when the evidence sub mitted to the Inquest Officer engenders a well-founded belief that a crime has b een committed and that the arrested Or detained person is probably guilty thereo f. a responsible person of his choice. SEC. the person to be arreste d has committed.. he shall be made to execute a waiver of the provisions of Article 125 of the Revised Penal C ode. 9 SEC. Meaning of probable cause.Should the inquest Officer find that the arrest was properly effected. tog ether with the copies of the charge sheet or complaint. is actually committing. 12. 10. and the arresting offic er has personal knowledge of facts indicating that the person to be arrested has committed it. and d) forward the same. proper. Inquest preliminary investigation Inquest Officer shall statements/affi davits of evidence submitted to him. if he does. the Inquest Officer shall require the presence of the complaining witnesses and subject them to an informal and summary investigation or examinati on for purposes of determining the existence of probable cause.Should the Inquest Officer find th at the arrest was not made in accordance with the Rules. b) note down the disposition on the referral document. 11. where arrest properly effected. where arrest not properly effected. 9. For this purpose. w hich investigation shall be terminated within fifteen (15) days from its incepti on. affidavits or sworn stat ements of the complainant and his witnesses and other supporting evidence. to the City or P rovincial Prosecutor for appropriate action. the detained person shall be asked if he desir es to avail himself of a preliminary investigation and. Where the recommendation for the release of the detained person is approved by t he City or Provincial Prosecutor but the evidence on hand warrants the conduct o f a regular preliminary investigation. . he shall. with the assistance of a lawyer and. . the order of release shall be served on t he officer having custody of said detainee and shall direct the said officer to serve upon the detainee the subpoena or notice of preliminary investigation. the proceed with the inquest by examining the sworn the complainant and the witnesses and other supporting If necessary. in the presence of the arresting officer. together with the record of the case.as amended. SEC. SEC. as amended . . a) recommend the release of the person arrested or detained.Where the detained person does not opt for a or otherwise refuses to ex ecute the required waiver.. which provide that arrests without a warrant may be effected: a) when. in case of non-availabili ty of a lawyer. or is attempting to commit an offense. The preliminary investigati on may be conducted by the Inquest Officer himself or by any other Assistant Pro secutor to whom the case may be assigned by the City or Provincial Prosecutor.

if bailable. the arrested or detained person shall remain under custody. SEC. he shall: a) recommend the release of the arrested or detained person. Presence of probable cause. contain: a) a certification by the filing Prosecutor that he is filing the same in a ccordance with the provisions of Section 7. SEC. f) the full name and address of the evidence custodian. Rules on Criminal Procedur e. and the correspon ding complaint/information shall be filed by the City or Provincial Prosecutor o r by any Assistant Prosecutor to whom the case may be assigned. the Inquest Officer shall: a) forthwith proceed to the crime scene or place of discovery of the dead p erson. if any. 13. Presence at crime scene. Thereafter. shall be forwarded to the City or Provincial Prosecutor for appro priate action. as the case may be. c) prepare a brief memorandum indicating the reasons for the action taken. the order of release shall be served on the officer having custody of the said detainee..The information shall. in cases cognizable by the Regional Trial Court.If the Inquest Officer finds that probable cause exists. SEC. 16. and address of the accused. Absence of probable cause. as the case may be. b) the full name and aliases. if any. c) the place where the accused is actually detained. among others. b) cause an immediate autopsy to be conducted by the appropriate medico-leg al officer in the locality or the PNP medico-legal division or the NBI medico-le gal office. b) note down his disposition on the referral document. he shall forthwith prepare the corresponding complaint/in formation with the recommendation that the same be filed in court.SEC.. and h) the full names and addresses of the parents. g) the age and date of birth of the complainant or the accused. .. and d) forthwith forward the record of the case to the City or Provincial Prose cutor for appropriate action. 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 Prov incial Prosecutor.If the Inquest Officer finds no probable ca use. or from the unlawful ac ts or omissions of other persons and such fact has been brought to his attention . 15. c) direct the police investigator to cause the taking of photographs of the . Rule 112. The complaint /information shall indicate the offense committed and the amount of bail recomme nded. Contents of Information. Should the City or Provincial Prosecutor disapprove the recommendation of releas e.Whenever a dead body is found and there is r eason to believe that the death resulted from foul play. the record of the case. d) the full names and addresses of the complainant and witnesses. If the recommendation of the Inquest Officer for the release of the arrested or detained person is approved. together with the prepared complain t/information. e) a detailed description of the recovered items. 14. custodians or guardians of the minor complainant or accused. if eighteen (18) years of age or below.

with the pri or approval of the City or Provincial Prosecutor or his duly authorized represen tative. after conducting the corresponding inquest proceeding. 18. if he is a material witness to the case. c) the requesting party undertakes under oath to produce said articles befo re the court when so required.. The Inquest Officer shall ensure that the items recovered are duly safeguarded a nd the chain of custody is properly recorded. checked and accounted for with the issu ance of corresponding receipts by the police officer/investigator concerned. the latter shall. and a decisio n rendered on the basis of such evidence. In this sense. Sandiganbayan cases.A preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to e ngender a well founded belief that a crime cognizable by the Regional Trial Cour t has been committed and that the respondent is probably guilty thereof and shou ld be held for trial. PART III. SEC. forthwith forward the complete record to the City or Provincial Prosecutor for appropriate action. PRELIMINARY INVESTIGATION SECTION 1.The Inquest Officer shall. and e) submit a written report of his finding to the City or Provincial Prosecu tor for appropriate action. Purpose of preliminary investigation. The said articles must be properly deposited with the police evidence custodian and not with the police investigator. SEC. . d) the requesting party.crime scene or place of discovery of the dead body. Concept of preliminary investigation . Release of recovered articles. the investigating prose cutor is a quasi-judicial officer. SEC. 17. SEC. Recovered articles. d) 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 s ee to it that the same are safeguarded and the chain of the custody thereof prop erly recorded. 19.. and f) photographs of said articles are first taken and duly certified to by th e police evidence custodian as accurately representing the evidence in his custody . b) the person requesting the release of said articles is shown to be the la wful owner or possessor thereof. A preliminary investigation is essentially a judicial inquiry since there is the opportunity to be heard.A preliminary investigation is i ntended: . affirms o r reaffirms his statement concerning the case and undertakes under oath to appea r and testify before the court when so required. e) the said articles are not the instruments. subject to the conditions that: a) there is a written request for their release. 2. order the release of recovered articles to their lawful owner or posses sor..Should any complaint cognizable by the Sandiganba yan be referred to an Inquest Officer for investigation.The Inquest Officer shall see to it that all artic les recovered by the police at the time of the arrest or apprehension of the det ained person are physically inventoried. or tools in the commission of the offense charged nor the proceeds thereof. the production and weighing of evidence.

office or postal addresses o f the complainant and his witnesses. . the deprivation of which would be a denial of his right to due process. . 6. d) by order or upon directive of the court or other competent authority. if there is a change in the nature of the crime charged. The right is not available in cases triable by inferior courts. if so. Their authority to conduct preliminary investigation shall include all crimes co gnizable by the proper court in their respective territorial jurisdiction. SEC. b) The full and complete name and exact home. be accompanied or covered by an Information Sheet and shall state. Officers Authorized to Conduct Preliminary Investigation. a new preliminary investigation shall be conducted if the amended charge is not related to the crime originally charged.a) to secure the innocent against hasty. or e) for election offenses. a) b) c) d) Provincial or City Prosecutors and their assistants.In case an information is amended. and d) Whether or not there exists a related case and. Nature of preliminary investigation. upon the initiative of the Commission on Election s. or upon written complaint by any citizen. Judges of Municipal Trial Courts and Municipal Circuit Trial Courts. registered political par ty. . as far as practicable.A preliminary investigation proceeding is commenced: a) by the filing of a complaint by the offended party or any competent pers on8 directly with the Office of the Investigating Prosecutor or Judge. as amended. where right of preliminary investigation may he invoked. 4. 5. candidate.The conduct of a preliminary inve stigation is a substantive right which the accused may invoke prior to or at lea st at the time of plea.For purposes of preliminary investigation. 8. malicious and oppressive prosecuti on and to protect him from an open and public accusation of a crime and from the trouble. Effect of amendment of information. Commencement of Preliminary Investigation. expense and anxiety of a public trial. SEC. 3. c) The offense charged and the place and exact date and time of its commiss ion. the docket number . and b) to protect the State from having to conduct useless and expensive trials . c) 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 Pen al Code. SEC. SEC. .The right to a preliminary investigation may be invoked only in cases cognizable by the Regio nal Trial Court. SEC.The followin g may conduct a preliminary investigation. National and Regional State Prosecutors. office or postal address of t he respondent. among others a) the full and complete names and exact home. and Other officers as may be authorized by law. . Complaint. coalition of registered parties or organizations under the party-list system or any accredited citizen arm of the Commission on Elections. b) by referral from or upon request of the law enforcement agency that inve stigated a criminal incident. 7. or if the information on its face is null and void for lack o f authority to file the same. SEC. the complaint fi led with the prosecutor's office shall..

who must certify that h e personally examined the affiants and that he is satisfied that they voluntaril y executed and understood their affidavits. shall constitut e sufficient basis for the outright dismissal of a complaint: a) that the offense charged in the complaint was committed outside the terr itorial jurisdiction of the Office of the Investigating Officer.of said case and the name of the Investigating Prosecutor thereof. Where a complaint charges multiple offenses which cannot be the subject of one i ndictment or information.The absence of a barangay certificatio n shall not be a ground for the dismissal of the complaint. Book III of R. Act No. In any of the following cases. Initial/ action on the Complaint. Dismissal of complaint. 14. 11. SEC. the affidavits of the complainant and his witnesses to be submitted by the said agency shall cons ist of the original or duplicate original or certified machine copies thereof.The complaint and supporting affidavi ts shall be in such number of copies as there are respondents. or other government official authorized to administer oaths or. When the preliminary investigation is commenced by referral from or upon request of the law enforcement agency that investigated the incident. among others. however. . the complaint shall be accompanied by the certification required unde r Section 412 (a) of R. the Investigating Prosecutor shall proceed to tak e cognizance of the complaint for purposes of preliminary investigation even if there is no Barangay Certification: a) where the respondent is under detention.00) and the parties to the case are all residents of the same city or mun icipality. Number of copies of affidavits. In connection therewith. the Investigating Prosecutor shall either dismiss the same i f he finds no ground to continue with the inquiry.The following. make the corresponding referral of the complaint to th e proper Lupong Tagapamayapa for appropriate action pursuant to the provisions o f Chapter 7. 12. . 13. a notary public.. in their absence or unavailability.The complaint shall be accompanied by the affida vits of the complainant and his witnesses. SEC. SEC.. Barangay certification . or b) where the respondent has been deprived of personal liberty calling for h abeas corpus proceedings. Supporting affidavits. plus four (4) cop ies for the court/official file. 9. The affidavits shall be sworn to before a Provincial. Lack of harangay certification. 9 SEC. SEC. if any. attaching thereto a copy of the complaint together with the affidavits of witnesses and other supporting documents. The Investigating P rosecutor shall. No. SEC.. City o r State Prosecutor. . as well as other supporting proofs or documents.A. "The Local Government Code of 1991.Within ten (10) days after the filin g of the complaint. the complainant may be summoned for the purpose of delivering the referral to the Chairman of th e appropriate barangay and to secure the necessary certification within thirty ( 30) days.A. 10. or c) where the case may be barred by the Statute of Limitations.000. the complainant may be required to submit such additio nal copies of the complaint and supporting affidavits as there are offenses char ged in the complaint. . or issue a subpoena to the re spondent.7160.7160.If the offense charged is punishable by impr isonment not exceeding one (1) year or a fine not exceeding Five Thousand Pesos (5.

the offense charged th erein had already prescribed. or e) that the complaint and the supporting affidavits are unsigned and/or hav e not been duly subscribed and sworn to as prescribed under the Rules on Crimina l Procedure. In such cases. Failure on the part of the respondent or his counsel/representative to appear be fore the Investigating Prosecutor to obtain copies of the complaint. SEC. please return to sender. 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'~. by registered special delivery mail wi th return card. the Investigating Pros ecutor shall not require the appearance before him of the respondent or other pa rties who are residing in distant places. 15. . the typewritten/printed request: "If not claimed within five (5) days from first notice. For the purposes specified in the first paragraph hereof. the name and return address of the sender1 and the Typewritten/printed phrase "First Notice Made on______________".b) that. Personal service of documents by investigating prosecutor. supporting affidavit and other documents. and ii. as well as to examine all other evidence submitted by the complainant. On the face of the envelope sh all be indicated I. the Investigating Prose cutor shall issue and send the subpoena. b) Under other circumstances. together with copies of the complaint. supporting affidavits and other documents. supporting affidavits and other documents. at the time of the filing of the complaint. c) that the complainant is not authorized under the provisions of pertinent laws to file the complaint. Service of subpoena in preliminary investigation.To expedite the con duct of a preliminary investigation. the respondent shall have the right to examine all other evidence submitted by the complainant. the Investigating Prosecutor may req uire the respondent or other parties to appear before him on a designated date. -Whenever ci rcumstances warrant and to prevent the loss of documents in the course of the se rvice of a subpoena through ordinary modes. At the said or any other setting. d) that the acts and/or omissions alleged in the complaint and/or the suppo rting affidavits do not sufficiently show that a criminal offense or violation o f a penal law has been committed. 16. SEC.personal service by regular process server s. the cooperation of the Provincial City/Municipal Statio n Commanders of the Philippine National Police (PNP) may be requested for the pu rpose. supporting affidavits and other documents despite receipt of notice or subpoena shall be co nsidered a waiver or forfeiture of respondent9s right to be furnished copies of the complaint. thus instructing the postmaster/postal employee of the necessity of informing the sender of the date the first notice was made on the addressee. In their Absence." . time and place and then and there personally furnish them with copies of the com plaint. service of subpoena and its attachments shall be effected by registered mail with retur n card at respondent's known home/office address. 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 lef t his residence and his return is uncertain" or words of similar import.

the same may be considered a counter-affidavit. a respondent relying on the manifestati on. SEC. or one similar thereto or identical therewi th. where Respondent cannot he subpoenaed . However. 17. b) the fact that the complaint.No motion or request for extension of time to subm . (b)9 (c) and (d) and (e) of Section 14 of this Part. shall be alleged or incorporated in the counter-affidavit and shall be resolved by the Investigating Prosecutor jointly on the merits of t he case. 19. Extension of time. he transferred residence without leaving any forwarding address.. SEC. SEC. SEC. repeal of the law under which prosecution is sought. b) cases arising from one and the same incident or transaction or series of incident or transactions. the Investigating Prose cutor may then proceed to resolve the complaint on the basis of the evidence pre sented by the complainant. and c) cases involving common parties and founded on factual and/or legal issue s of the same or similar character. for instance. or other leg al causes. as far as practicable. amnesty.If a respondent cannot be subpo enaed. the Investigating Prosecutor shall base his resolution on the evidence presented by the complainant.In cases where the respondent is subpoenaed. 1 of Section 9 this P art.c) Upon receipt of the unclaimed/returned envelope. subm it his counter-affidavit and other supporting documents which shall be sworn to and certified as prescribed in the second sentence of par. 21. as. or c) the extinction of respondentts criminal liability by reason of death. 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 satisfactorily establishes. has previously been filed with the Office and has been fully adjudicated upo n on the merits after due preliminary investigation proceedings.-The filing of a motion for the dismissal of the complaint or for the submission of a bill of particulars s hall not suspend or interrupt the running of the period for the submission of co unter-affidavits and other supporting documents. as well as objections to the sufficiency thereof. All the grounds for the dismissal of the complaint. 18. Motion for dismissal of bill of particulars. manifestation or motion to dismiss signed by the counsel cannot take the place of a counter-affidavit. among others: a) the circumstances specified in sub-paragraphs (a). 20. Counter-Affidavits. copies of which shall be furnished by the respondent to the complainant. Consolidation. A memorandum. he sh all within ten (10) days from receipt of the complaint and other documents.. pa rdon. manifestation or motion to dismiss is verified by t he respondent himself. be co nsolidated for preliminary investigation purposes and assigned to and jointly he ard by one Investigating Officer: a) charges and counter-charges. SEC.The following cases shall. if such memorandum. . Only a counter-affidavit subscribed and sworn to by the respondent before the Pu blic Prosecutor can dispute or put at issue the allegations in the complaint. memorandum or motion to dismiss of his counsel is deemed to have not controv erted complainant's evidence. Thus.

. . Reply-affidavits and rejoinders.. accounts or other papers or documents presented or submitted in support of the complaint. complicated or technical questions or issues of law and of facts attendant to the case under investigati on. The existence of a prejudicial question shall. Suspension of proceedings. however. Concept of prejudicial question. authenticity or accuracy of voluminous records. To suspend the criminal act ion. SEC.. SEC.it counter-affidavits shall be allowed or granted by the Investigating Prosecuto r except when the interest of justice demands that the respondent be given reaso nable time or sufficient opportunity to: a) engage the services of counsel to assist him in the preliminary investig ation proceedings. 25.The Investigating Prosecutor shall no t require or allow the filing or submission of reply-affidavits and/or rejoinder s. . not be a ground for the dismissal of the complaint. files. 24. or c) undertake studies or research on novel. 22. clarified or explained to enable the Investigating Prosecutor to arrive at a fair and judicious resolution of the case. the Investigating Prosecutor may suspend the preliminary inv estigation proceedings if the existence of a prejudicial question is satisfactor ily established. SEC. Extensions of time to submit a counter-affidavit for any of the reasons stated a bove shall not exceed ten (10) days. b) examine or verify the existence. 23. b) the resolution of such issue determines whether or not the criminal acti on may proceed . Issuance of orders of suspension of proceedings. or when raised in a counter-affidavit.No resolution or orde r suspending the preliminary investigation based on the existence of a prejudici al question shall be issued by the Investigating Prosecutor without the written approval of the Provincial/City Prosecutor concerned or his duly designated assi stant.. except where new issues of fact or questions of law which are material and su bstantial in nature are raised or invoked in the counter-affidavit or subsequent pleadings and there exists a need for said issues or questions to be controvert ed or rebutted. In such a case. Elements of prejudicial question. the peri od 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 Prosec utor concerned. the guilt or innocenc e of the accused would necessarily be determined.The essential elements of a prejudi cial question are: a) the civil action involves an issue similar or intimately related to the issue raised in the criminal action. and c) the cognizance of the said issue pertains to another tribunal. SEC. 26. Additional extensions may be authorized by the Provincial/City Prosecutor concerned.A prejudicial question is one the res olution of which is a logical antecedent of the issue involved in a case and the cognizance of which pertains to another tribunal. SEC. It is based on a fact distin ct and separate from the crime charged but so intimately connected with it that it determines the guilt or innocence of the accused.Upon motion of a party. 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 r esolution of the issue or issues raised in the civil case.

In said hearing. cite specific po rtions of the oral testimony by reference to the transcript of stenographic note s. Finding of probable cause. In such a case.. Lack of probable cause. 27. Clanficatory questions.After a case under preliminary investigati on has been submitted for resolution under the provisions of the preceding Secti on but before promulgation of the resolution.The Investigating Prosecutor shall case submitted for resolution: a) when the respondent cannot be subpoenaed or. SEC. Cases Transmitted by the Municipal Trial Judge.SEC. 31. 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 m otion of the interested party.. . Submission of case for resolution. he shall prepare the res olution recommending the dismissal of the complaint. . . Said notes shall form part of the official records of the case. Parties who desire to file a petition for review of the Investigating Officer's resolution may. SEC. such fact should be alleged in the information to be filed with the Sandiganbayan through the Ombudsman SEC. That in the latter case. determine whether or not there is sufficient ground to hold the respondent fo r trial SEC. the Investigating Prosecutor shall also determine whet her or not the offense with which he is charged was committed in relation to his office and. and c) the motion sufficiently and satisfactorily shows valid and justifiable r eason for the failure of the movant to submit the new and/or additional evidence during the preliminary investigation proceedings. if so committed. at their option. it shall be su bject to the following conditions: a) the motion is verified and a copy thereof furnished the opposing party. 29.Upon receipt of the r .The Investigating Prosecutor may set a hearin g to propound clarificatory questions to the parties or their witnesses if he be lieves that there are matters which need to be inquired into personally by him. he shall prepare the resolution and the corresponding in formation or complaint in the appropriate cases. b) the motion is accompanied with the new and/or additional evidence. 30. . 32. Provided. the Investigating Prosecutor shall base his resolution on the evidence presented by the complainant.If the Investigating Prosecutor finds that probable cause exists. or b) upon submission by the parties of their respective affidavits and suppor ting proof or documents. he shall. Said notes shall only be transcribed in cases of appeal and shall be obtained at the expense of the interested party. upon the evidence thus adduce d. in which event. they may subm it written questions to the Investigating Prosecutor who may propound such quest ions to the parties or witnesses concerned. if subpoenaed. The Investigating Prosecutor shall make a record of the questions asked and answ ers given during the clarificatory questioning which shall be signed by the part ies concerned and/or their respective counsel.If the Investigating Prosecutor does not find sufficient basis for the prosecution of the respondent. Where the respondent is a public officer or employee or a member of the Philippi ne National Police (PNP). does not s ubmit his counter-affidavit within the reglementary period. 28. If they so desire. the parties shall be afforded the opportunity to be present but without the right to examine or cross-examine. Reopening of investigation.

. Period for resolving a case. and thereafter. followed by the name and designation of the police o fficer representing the police station. modify or reverse the finding of the Municipal Trial Court judge." to refer to other complainants and responden ts. b) Case Number. In cases referred to the prosecution by the police where there i s no identified victim.The resolution shall be writt en in the official language. not their representative. Case number.The Investigating Prosecutor shall not require nor allow t he filing or submission by the parties of memoranda unless the case involves dif ficult or complicated questions of law or of fact. The heirs or relative s of the slain victim shall be indicated as "Legal heirs of deceased (name or pe rson killed)". . c) the offense charged. the prosecutor may conduct a full blown reinvestigation giving the parties the opportunity to submit additional evidence. unless a longer period is authorized by the Provin cial/City Prosecutor concerned. 35. Form of resolution and number of copies. SEC. e) the date of the assignment of the case to or receipt of the case record by the Investigating Officer. 36. 33. 38.8. It is not proper to use the phrase "et. 34. 97 (year)A(month)-024(entry number).The caption of the resolution shall indicate t he: a) names of all the complainants and all of the respondents.The complete names of all the complainants and resp ondents in the case shall be set out in the caption of the resolution. . it was filed and its entry number in the log book of the office. resolve the case on the basis of the totality of the evidence thus adduced. . represented by "(either the surviving spouse. . 39. (name of corporate officer)". In any event. father or mother)"..The number of a case shall indicate the year and month. SEC. e. SEC. Contents of the resolution. The name of the victim or injured party. " 'X' Corporation. unless otherwise provided herein or a longer period is authorized b y the Provincial/City Prosecutor concerned. shall appear in the caption. without requesting the parties to submit memorandum of authorities. SEC. the name of the victim or of the complainant shall be in the caption.g. and may affirm. SEC. Memoranda. . the filing of m emoranda by the parties shall be done simultaneously and the period therefore sh all not exceed ten (10) days. otherwise known as the Investigation Slip Number or 1. as in prohibited drugs cases. In homicide or murder cases. It shall be prepared in as many copies as there are pa rties. . al.The Investigating Prosecutor shall resol ve the case within ten (10) days from the time the case is deemed submitted for resolution. d) the date of the filing of the complaint with the office. plus three (3) additional copies.A resolution shall contain a caption and a body. personally and directly prepared and signed by the Investigating Prosecutor. the Prosecution Office shall r eview the case based on the existing records. if the interest of justice so requ ires. No . its corporate name or identity shall be indicated and written as follows. SEC. Names of parties.ecords of the case from the Municipal Trial Court or Municipal Circuit Trial Cou rt which conducted the Preliminary Investigation. and f) the date the case was submitted for resolution.. SEC. 37. In the case of a corporation or judicial entity. However. the complainant shall be t he police station involved. Caption of resolution. represented by its (position title).

they shall be alphabetically marked as they would be marked during the pre-t rial and trial stages of the case. shall be given a copy of t he resolution. the caption shall set forth the denomination of the of fense and the specific article and paragraph of the statute violated. and the findings and recommendations of the Investigating Prosecutor. SEC. This must also be concise. written in words and figures.The bail recommended in the resolution shall be sta ted in the information. All material details that should be found in the information prepared by the Inv estigating Prosecutor shall be stated in the resolution. . and initialed by the inves tigating prosecutor. SEC.SEC. 43. SEC. 44.The complete n ames 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 t he head of the Prosecutor's Office concerned under the phrase: "Copy furnished:" . the body of resolution sh ould contain: a) b) c) a brief summary of the facts of the case. Parties to be furnished with a copy of the resolution.As a rule. How recommended hail is written. The complainant's and respondent's versions of the incident need not be repeated in this part except to point out excerpts rel ating to the existence or absence of the elements of the crime. SEC. the caption shall also contain said informa tion. . 42. The pre sentation 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. namely: a) Part 1 shall state the nature of the case as disclosed in the evidence p resented by the complainant such as his affidavit-complaint. not the party. Recommended bail. Designation of offense charged. Contents of body of resolution. . without relying on the weakness of the defense of the respondent. Parts of a resolution. . As for the documentary eviden ce. the counsel. the affidavit of wi tnesses and documentary and physical evidence. It shall also contain the conclusion of the prosecutor.In general. the body of a resolution is made up of four parts. The affidavits shall be numbered in the order of the presentation of the prosecution witnesses as disclosed in th e list of witnesses appearing in the information. b) Part 2 shall contain the version of complainant of the incident.For offenses that are punishable unde r the Revised Penal Code.The bail recommended in the resoluti on shall be written in words and figures. If the parties are represented by counsel and the latter's appearance is entered formally in the record. 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 ca ses with two or more docket numbers. . SEC. the number shall be written in words and figures. Citations of pe rtinent laws and jurisprudence should support the conclusions reached. . analysis and evaluation by the pros ecutor of the evidence presented by the complainant and the respondent. Where num erical values are important. 45. c) Part 3 shall allege the respondent1s version of the incident. a concise statement of the issues involved. . d) Part 4 shall contain the discussion. 40. 41.

Approval of pleading by head ed by the trial prosecutor. the prosecutor shall initial all of said pages.If the Provincial or City Prosecut or or Chief State Prosecutor reverses the recommendation in the resolution of th e investigating prosecutor. together with the complete records of the case. . a motion for reinvestigation of the case may be filed with the City/P rovincial Prosecutor. Action of the Provincial or City Prosecutor or Chief State Prosecutor o n resolution. SEC. 52. 46. . Reversal by the Provincial or City Prosecutor or Chief State Prosecutor of resolution of investigating prosecutor. 49.The investigating prosecutor shall sign the resolution and if the resolution consists of two or m ore pages.The information/complaint shall be personally a nd directly prepared by the Investigating Prosecutor or such other prosecutor de signated for the purpose and signed by him or the complainant. whether his recommendation b e for the filing or dismissal of the case. shall not be filed in cou by the Provincial or City Prosecutor or Ch be. SEC. SEC. to the Provincial or City Prosecutor or Chief State Prosecutor concerned within five (5) days from the da te of his resolution. 48.SEC. . Provided. the f ollowing: a) the full name and aliases. . by himself.The Provincial or City Prosecutor or Chief State Prosecutor conc erned shall act on all resolutions within ten (10) days from receipt thereof by either approving or disapproving the resolution or returning the same to the inv estigating prosecutor for further appropriate action.All resolutions prepared by an Invest igating Prosecutor after preliminary investigation. Information/Complaint.. with the said offices. the Provincial or City Prosecutor or Chief S tate Prosecutor concerned shall transmit a copy of the resolution to the parties . That when the case has been appealed to the Regi onal State Prosecutor or the Department of Justice. including rt without the prior written approval ief State Prosecutor. Confidentiality of resolutions. where filed. Records of the case. Violation of the foregoing shall subject the Investigating Prosecutor or the emp loyee of the office concerned to severe disciplinary action. as the case may b e. 50. 51. as the case may be. if any.Before the arraignment of th e accused. SEC. to do so without need of conducting another preliminary investigati on. file the corresponding i nformation or direct any other assistant prosecutor or state prosecutor. excluding the signatu re page. . SEC. SEC. as the case may of prosecution office. and address of the accused. re spectively. SEC. Signature and initials of investigating prosecutor. such motion may be filed. in addition to the requirements of the Rules of C ourt on the sufficiency of the allegations in an information or complaint. said motion may only be fi led with the judge hearing the case.A pleading prepar exparte motions. of said pleading. After arraignment. the former may. It shall state and contain. .' 'immediately after approv ing or disapproving the resolution. Motion for reinvestigation. 47. . .The investigating fiscal shall forward his resol ution. their counsel and/or to any unauthoriz ed person until the same shall have been finally acted upon by the Provincial/Ci ty Prosecutor or his duly authorized assistant and approved for promulgation and release to the parties. 53. shall be held in strict confidence an d shall not be made known to the parties.

54. if the resolution is for the indictment of the respondent. custodian or guardian of th e minor complainant or accused. SEC. Inhibition. or b) he is related to either affinity or to counsel c) he has been named counsel. as the case may be. A motion for reconsideration is still part of due process in the preliminary inv estigation. or c) registered mail with return card to the respondent. that the accused was inf ormed of the complaint and of the evidence submitted against him and that he was given an opportunity to submit controverting evidence. d) the place where the accused is actually detained. the sworn statements of the prosecution's witnesses. if eighteen (18) years of age or below. the respondent's count er-affidavit and the sworn statements of his witnesses and such other evidence a s may have been taken into account in arriving at a determination of the existen ce of probable cause. trustee or .A motion for reconsideration may be filed within ten (10) days from receipt of the resolution. b) registered mail with return card to the complainant. be accompanied by a copy of the resolution of the Investigating Prosecutor. g) the full name and address of the evidence custodian. Promulgation of resolution. and h) the bail recommended. . or executor. the complainant's affida vit..An information/com plaint that is filed in court shall. The court therefore may not procee d with the arraignment and trial pending resolution of the motion for reconsider ation. Documents to be attached to information/complaint. SEC. SEC. addressed to the Provincial/City Prosecutor or the Chief State Prosecutor. if any. f) a detailed description of the recovered items. if the resolution is for the dismissal of the complaint. . as shown by th e record. The motion shall be verifi ed. 55. guardian. e) the full names and addresses of the complainant and witnesses.The result of the preliminary investigatio n shall be promulgated by furnishing the parties or their counsel a copy of the resolution by: a) personal service. administrator. and that he is filing th e complaint or information with the prior authority and approval of the Provinci al/City Prosecutor concerned. creditor or othe rwise. had personally examined the complainant and his witnesses. that there is reasonable ground to believe that a crime has been com mitted and that the accused is probably guilty thereof. as far as practicable. party within the 6th degree of consanguinity or within the 4th degree. Motion for reconsideration. 57. SEC. The Investigating Prosecutor shall certify under oath that he or. c) the full names and addresses of the parents. and by ordinary mail to the complainant. an authorized officer. and by ordinary mai l to the respondent.b) the age and date of birth of the complainant or the accused.A Prosecutor shall inhibit himself from conducting a prel iminary investigation in a case wherein a) he or his wife or child is interested as heir. 56. . The denial thereof is a reversible error as it constitutes a depriva tion of the respondent's right to a full preliminary investigation preparatory t o the filing of the information against him. if the charge is bailable. a nd accompanied by proof of service of a copy thereof on the opposing party and m ust state clearly and distinctly the grounds relied upon in support of the motio n. legatee.

order the automatic r eview by his office of the resolution of the Regional State Prosecutors in the c ases appealed to the latter. . Such petitions shall also be governed by these rules. PETITION FOR REVIEW SECTION 1.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 Secretary of Justice may. Period to resolve cases under preliminary investigation.should the same be warranted by the circumstances . The provision of the preceding paragraph on the finality of the resolution of th e Regional State Prosecutor notwithstanding. in th e interest of justice and pursuant to his residual authority of supervision and control over the prosecutors of the Department of Justice. date of filing of the mot )n for reconsideration. In all instances. the prel iminary investigation . b) The preliminary investigation of all other complaints involving crimes c ognizable by the Regional Trial Courts shall be terminated and resolved within s ixty (60) days from the date of assignment. regard less of the imposable fine. the total period (from the date of assignment to the time of a ctual resolution) that may be consumed in the conduct of the formal preliminary investigation shall not exceed the periods prescribed herein. SEC.. . Subject of petition for review.The followin g periods shall be observed in the resolution of cases under preliminary investi gation: a) The preliminary investigation of complaints charging a capital offense s hall be terminated and resolved within ninety (90) days from the date of assignm ent to the Investigating Prosecutor. b) names and addresses of the parties.shal l be terminated and resolved within sixty(60) days from the date of assignment to the Investigating Prosecutor. 3..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 reaso ns other than those mentioned above. The period shall be interrupted only by the filing of a motion for reco nsideration within ten (10) days from receipt of the resolution and shall contin ue to run from the time the resolution denying the motion shall have been receiv ed by the movant or his counsel. Municipal Trial Courts and Municipal Circuit Trial Courts. . 58. if any. 2. SEC. Form and contents. Period to file petition. A petition from the resolution of a Provincial/City Prosecutor where the penalty prescribed for the offense charged does not exceed prision correccional. PART IV. and date of receipt of the resolution on the mot ion for reconsideration.The petition shall be verified by the petitioner an d shall contain the following: a) date of receipt of the questioned resolution. c) In cases of complaints involving crimes cognizable by the Metropolitan T rial Courts.The petition must be filed within a period of fifteen (15) days from receipt of the questioned resolution by the party or his counsel. SEC. shall be made to the Regional State Prosecutor who s hall resolve the petitions with finality.

except when i .c) the Investigation Slip Number or I.. 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 proc eedings. SEC. the petitioner may. Notwithstanding the showing of manifest error or gr ave abuse of discretion no petition shall be entertained where the accused had already been arraigned. an d the legal basis of the petition. Cases not subject to review.At any time after the filing of the petitio n and before its resolution. exceptions.. The petitioner shall append to his petition copies of the material and pertinent affidavits/sworn statements (including their translations. with leave of court. shall then issue a resolution directing the reinvestigation o f the case.The petition may be withdrawn at any time befor e it is finally resolved..No petition may be allowed fro m a resolution of the Chief State Prosecutor/Regional State Prosecutor/Provincia l or City Prosecutor finding probable cause except upon showing of manifest erro r or grave abuse of discretion. SEC. duly certifi ed by the city/provincial prosecutor) and evidence submitted in the preliminary investigation by both parties and the questioned resolution. if any. have discovered during the preliminary investigation and which if produced and admitted would pr obably change the resolution. there is no showing of any reversible error. If the accused is arraigned during the pendency of the petition. in which case the questioned resolution shall stand. If no answer is filed. No.S. Either complainant/offended party or respondent/ accused may file a petition. and/or criminal case number an d the title of the case. 7. d) that the offense has prescribed. f) in case of a finding of probable cause. They may. dismiss outright the petition on any of the following grounds: 9 a) that b) that c) that ied with. it shal l take place in the Office of the Prosecutor from which the petition was taken. that petitioner has filed in cou rt a motion to defer further proceedings. m otu proprio or on motion of the petitioner. Disposition of petition.The Secretary of Justice or the Regional State Prosecutor may reverse. the pr osecutor concerned shall likewise immediately inform the Department or the Regio nal Stat& Prosecutor of such arraignment. e) a clear and concise statement of the facts. file a mot ion for reinvestigation on the ground that new and material evidence has been di scovered which petitioner could not. SEC. Answer. d) the venue of the preliminary investigation. the petition shall be dismissed motu pro prio by the Secretary of Justice. 5. the procedure or requirements herein prescribed have not been compl the questioned resolution is interlocutory in nature. When reinvestigation is granted. and g) proof of service of a copy of the petition to the adverse party or his c ounsel and the prosecutor either by personal delivery or registered mail evidenc ed by the registry receipts and affidavit of mailing. 4. the respondent may file a verified answer indicatin g therein the date that the copy of the petition was received with proof of serv ice of the answer to the petitioner.. SEC. a s the case may be. if still legally feasible. Withdrawal of petition. 6. the assignment of errors. The Department or the Regional State Prosecutor. affirm or modify the questioned resolution.Within a non-extendible period of fifteen (15) days from receip t of a copy of the petition. Motion for reinvestigation. with reasonable diligence.. the case shall be re solved on the basis of the petition. SEC. 8. Once arraigned.

cash deposit . r t t b SEC. BAIL 9 SECTION 1. shall be admitted to bail regardless of the stage of the crimin al prosecution.Bail is the security given for the release of a perso n in custody of the law. Nature of right to bad. d) age.. No second motion for reconsideration shall e entertained. . PART V. The evid . Pending resolution of the Petition for review.A petition for review. 10. SEC.The right to bail is guaranteed by the Constitu tion. Burden of proof in bail application. SEC.In recommending the amount of bail to be granted by the court.No person charged with a capital offense. 3. Bail defined. the accused is entitled to a susp ension of the proceedings. e) weight of the evidence against the respondent/accused under dete ntion. . state of health. Motion for Reconsideration. . character and reputation of the respondent /accused under detention. or an offense punishable by reclusion perpetua or life imprisonment. g) the fact that respondent/accused under detention was a fugitive from justice when apprehended. 4 Criteria in recommending amount of bail. 9. Bail may be given in the form of corporate surety. SEC. b) nature and circumstances of the offense. . Effect of filing of petition.At the hearing of an application for admission to bail filed by any person who is in custody for the commission o f an offense punishable by death. 5. and deferment of the arraignment. furnishing the adverse party or his counsel and he prosecutor with copies thereof.t suspends the proceedings based on the alleged existence of a prejudicial quest ion. motion for recon sideration/reinvestigation from a resolution finding probable cause shall not ho ld the filing of the information in court. Non-bailable offense. 2. the prosecutor shall take into consideration t he following standards and criteria: a) financial ability of the respondent/accused to post bail. f) forfeiture of other bonds and pendency of other cases wherein th e respondent/accused under detention is under bond. It is the duty of the prosecutor to recommend such amount of bail to the c ourts of justice as. SEC. c) penalty for the offense charged. the prosecution has the burden of showing that evidence of guilt is strong. in his opinion.. to the holding in abeyance of the issuance of warrant of arrest. or recognizance. would ensure the appearance of an accused p erson when so required by the court. conditioned upon his ap pearance before any court as required under the conditions hereinafter specified . when evidence of guilt is strong. property bond. furnished by him or a bondsman. or e) that other legal or factual grounds exist to warrant a dismissal. reclusion perpetual or life imprisonment.The aggrieved party may file a motion for econsideration within a non-extendible period of ten (10) days from receipt of he resolution on the petition. and h) other factors affecting the probability of the accused appearing at the trial. SEC. .

outside of the Phili ppines or otherwise unable to testify. 9.No bail shall b e required when the law or the Rules issued by the Supreme Court so provide . 12. he shall be released after thirty (30) day s of preventive imprisonment. In no ca se shall bail be allowed after the accused has commenced to serve sentence. When a person has been in custody for a period equal to or more than the possibl e maximum imprisonment of the offense charged to which he may be sentenced. A person in custody for a period equal to or more than the minimum of the princi pal penalty prescribed for the offense charged without application of the Indete rminate Sentence Law or any modifying circumstance. In all instances. . when not required. the court shall give reasonable notice of the hearing to the prosecutor or r equire him to submit his recommendation. No had after final judgment. Bail. Recognizance. or on written authority endorsed on a certif ied copy of the undertaking may cause him to be arrested by any police officer o r any other person of suitable age and discretion. The bail bond shall be deemed automatically canceled upon acquittal of the accus ed or dismissal of the case or execution of the final judgment of conviction. 8.In an application for ba il. at the discretion of the court. . the penalty and the offense being within th e purview of the Probation Law. SEC. the following rules shall be observed: . . . . 6. An accused released on bail may be re-arrested without the necessity of a warran t if he attempts to depart from the Philippines without prior permission of the court where the case is pending. Arrest of accused out on hail. SEC. SEC.For the purpose of surrendering the ac cused. Rules in computing the bail to be recommended. SEC. SEC. but if no bail was filed or the accused is incapable of filing one.To achieve uniformity in the amount of bail to be recommended. shall be released on a reduc ed bail or on his own recognizance.Upon application filed with the court and a fter due notice to the prosecutor. In case the accused has applied for probation. .Whenever allowed pursuant to law or these Rules. he s hall be released immediately without prejudice to the continuation of the trial thereof or the proceedings on appeal. SEC. but upon motion of either party. h e may be allowed temporary liberty under his bail bond. SEC. the bail bond may be canceled upon surrender of the accused or proof of his death.An accused shall not be allow ed bail after the judgment has become final. the cou rt may release a person in custody on his own recognizance or that of a responsi ble person. . exception. 11. reduced bail or recognizance. In case the maximum penalty to which the a ccused may be sentenced is destierro. the cancellation shall be without prejudice to any liability o n the bond. the court may recall any wit ness for additional examination unless the witness is dead. Cancellation of hail bond. unless he has applied for probation before commencing to serve sentence. the court may allow his release on r ecognizance under the custody of a responsible member of the community. 10. Notice of application for hail to prosecutor.ence presented during the bail hearings shall be considered automatically reprod uced at the trial. the bondsmen may arrest him. 7.

bait shall be based on the maximum of the penalty. d) Bail based on the maximum penalty. 1937 (Tariff and Customs Code).7659 (for other crimes covered by it).000.00.000. Republic Act No. iii. v. before the presentation of his first witness. multiplied by P2.O O except when covered by the Rules on Summary Procedure. 13. hence. Definition of probable cause as a ground for an arrest or issuance of .O0nor more than P30. bail sha ll be three-eighths (3/8) of the value of the damage but not exceeding P30.6425 (Dangerous Drugs Act). Republic Act No. bail shall be 50% of the amount of check but should not be less than P2. the trial prosecutor shall. bail shall be computed in accordance with this guideline.00. for crimes covered by the Rules on Summary Procedure and Republic Act No .00. Presidential Decree No. as amended by RA 8294. life imprisonment. for violation of Batas Pambansa Blg. the public prosecutor shall be prepared with his principal witnesses. iv for crimes of reckless imprudence resulting in homicide arising from vio lation of the Land Transportation and Traffic Code. as amended by RA 7659.000. in case of reckless imprudence resulting to damage to property. Ammunition or Explosives). Rebellion. as amended. bail shall be computed based on the maximum of reclusion temporal.000.00 per deceased person. SEC.000. insurrection or Coup d'etat as amended by Republic Act No. Republic Act No. ii. .696 8.OOO. Petition for bail in a continuous trial.6539 (Anti-Carnapping Act). iii.00. ii. manifest in open court tha t the evidence to be presented in the hearing of the petition for bail shall be adopted as its evidence-inchief. ii.00. as amended by RA 7659.OOO. 186 (Illegal Possession of Firearms. fine of more than P2. A fraction of a y ear shall be rounded-off to one year. v. bail is not a matter of right.In case a petition for bail is filed by the accused and the court orders a continuous trial of the case. Where the imposable penalty is only a fine. reclusion pe rpetua to death or death. or vi. it shall not be recommended. bail is not required except when respondent/accused is under arrest. 6036. where the penalty is reclusion temporal (regardless of period) to reclus ion perpetua. multiplied by P1O. b) Where bail is a matter of right and the imposable penalty is imprisonmen t and/or fine. fine not exceeding P2. the bail shall be computed on the basis of the penalty of impriso nment applying the following rules: 1. iv. bail shall be computed as follows: 9 1. 22.OO.bail shall be 50% of the fine but should not exceed P30.a) Where the penalty is reclusion perpetua.000. iii. in which case.shall be app lied to the following offenses under the following laws: I.bail is not required. Where there a re several accused and one or two filed a petition to bail. where the imposable penalty is correccional or afflictive. bail shall be P30. PART VI. Republic Act No. ARREST SECTION 1.000.

Remedy if no warrant of arrest is issued by the investigating judge. . This can be accomplished by interviewing the complainant and other witn . to know why the prosecuting arm of government has been mobilized against him and to plead. 4. the trial prosecutor shall prepare his witnesses for trial. the prosecutor may request the warrant officer that he be furnished with the officer's return relative thereto. 3. CoflcQpt ofpre-trial. b) After arraignment. Duties of trial prosecutor. usually at the arraignment stag e. 3. e. the trial prosecutor shall examin e the information vis-a-vis the resolution of the investigating prosecutor in or der to make the necessary corrections or revisions and to ensure that the inform ation is sufficient in form and substance. the prosecutor should know every fact and detail of th e case. at the first instance. a) Before the arraignment of the accused. Request for a copy of the return. examiners etc. PART VIII. 2. the speedy and adequate remedy of the pr osecutor is to immediately file the information so that the Regional Trial Court judge may issue the warrant for the arrest of the accused. SEC. ARRMGNMENT AND PLEA SECTION 1. Effect of filing a petition for review. medico-legal officer. SEC. the Trial Prosecutor may conform thereto once proof of said petition has b een presented by the petitioner to his satisfaction.The plea is the reply of the accused to the charge.If a warrant of arrest has been issu ed. SEC.When an aggrieved partymanifes ts in court that he has a pending petition for review with the Department of Jus tice and moves for a deferment of the arraignment pending resolution of his peti tion. SEC. 2. SEC. I t raises the issue to be tried and on which the judgment/sentence of the court c an be properly based. PART VII. . chemist.Arraignment is a mandatory requirement tha t seeks to give the accused the opportunity. Duties of prosecutor before and after the pre-trial conference.a warrant of arrest. Concept of arraignment. a naturally satisfactory disposition of a case subject to court approval in o rder to expedite the trial of the case. -If the investigating judge is satisfied that there is probable cause but did not i ssue the warrant of arrest contrary to the prosecutor's belief that there is a n eed to place the accused under custody. 2. A t the arraignment.g. Concept of plea. -Before the pre-trial conference. should. . be presented in accordance wit h the logical a~d chronological sequence of the technical aspects to be proved. as much as practicable. as far as practicable. PRE-TRIAL SECTION 1. SEC. The prosecutor shall enter into a pre-trial only when the accused and counsel ag ree and upon order of the court. .Probable cause is such facts and circumstances which wou ld lead a reasonably discreet and prudent man to believe that an offense has bee n committed by the person sought to be arrested. the accused may enter a plea of guilty or not guilty. Government witnesses.A pre-trial is a process whereby the accused and the prosecutors in a criminal case work out. The prosecutor shall. coordinate with the witnesses from time to time to ascertain the whereabouts of the accused pending the latter's arrest. forensic expert s. . .

Plea of guilty to a lesser offense. The prosecutor should place importance '. forensic chemistry report.OOO. the Trial Pro secutor should exert every effort to secure a waiver by the accused of objection s to the admissibility of certain documentary evidence. During the pre-trial process. the Trial Prosec . medical or death c enificare. may motu p ropno agree to the offer of the accused to plead guilty to a lesser offense if t he penalty imposable therefor is prision correcional (maximum of six [61 years) or less or a fine not exceeding P12. SEC.al. . judicial ad missions (Sec. some facts covered by judicial notice (Sec. the Trial Prosecutor shall first submit his comment/recommendation to the City or Provincial Prosecutor or to the Chief State Prosecutor. and f) Such other matters as will promote a fair and expeditious trial. The knowledge that the prosecutor will gain from said witness will help him determine the procedures undertaken in the examination of a subjec t or thing. i f such evidence has no relevance whatsoever to the theory of the defense. b) Stipulation of facts. and the reason/s in arriv ing at a certain conclusion.OO. or on matters not otherwise disputed by them. for approval. necropsy report.. the prosecutor shall ensure that any agreement o r admission made or entered therein is in writing and signed by the accused and his counsel. d) 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.This is the agreement of the parties on some facts admitted. b) If the lesser offense to which the accused will plead guilty is not a ca pital offense. 3. After the pre-trial conference. . e. This will enable the Trial Prosecutor to evaluate the impli cations of the offer. Philip pineOverseas and Employment Administration (POEA) Certification.n the testimony of th e expert witness. the Trial Prosecutor may dispense with the presentation of eviden ce unless the court directs otherwise.g. the counter-affidavit of the accused sub mitted luring the preliminary investigation may be resorted to or availed of to denions~rate or establish the defense theory.The pre-trial conference shall consider t he following: a) Plea bargaining . If the recommendation is approved in writing. e) List of witnesses to be presented which should be qualified by the follo wing statement: "that other witnesses may be presented in the course of the tri al". as the case may be. ballistics report. with the consent of the offended party. c) Marking of documentary evidence in advance for identification. Rule 129). the prosecutor shall bear in mind that he has to p rove his case beyond a reasonable doubt and that every act or incident should be proved by the testimony of qualified and competent witnesses.. the scientific or technical terms applied.OOO. 1. SEC. in ord er to d~spense with the presentation and testimony in court of government witnes ses. 4.This is a process where the defendants usually plead g uilty 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 . and the like. 2 Rule 129). In cas es requiring the presentation of government witnesses or evidence. Subject matters ofpre-tn. c) The Trial Prosecutor.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 pr oceedings whenever the accused manifests his intention in court to plead guilty to a lesser offense.esses and after a thorough examination of the available documentary and other ph ysical evidence. Whenever appropriate or necessary. d) Waiver in advance of objections to admissibility of evidence.OO.

Concept of trial. with the consent of the offended party. For this purpose. SEC. and to convict the guilty and protect the innocent.If the accused pleads guilty to a capital offense.utor. SEC. a plea of guilty to a lesser offense of frustrated or attempted homicide. the prosecutor should take into consideratio n the order of events as established by the evidence of the prosecution. This is ma ndatory.3 SEC. and stating its specific purpose or purposes. However. TRIAL' SECTION 1. a) The order in the presentation of witnesses will be left to the discretio n of the Trial Prosecutor. describing it briefly. . identifying each by letter or n umber. Preparation of formal offer of exhibits. 2. 5. 5. Order of presentation of witnesses. e) In all cases. agree to a plea of guilty to a lesser offense. 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 innocent. 3. PART IX.4 No postponement of the trial or other proceedings of a criminal case shall be initi ated or caused by the Trial Prosecutor except in instances where the postponemen t is occasioned by the absence of material witnesses or for other causes beyond his control or not attributable to him. the Chief State Prosecutor or the Provincial or City Prosecutor concerned shall act on the recommendation of the Trial Prose cutor within forty-eight (48) hours from receipt thereof. while frustrated or attempted homicide d oes not. In no case shall the s ubject plea to a lesser offense be allowed without the written approval of the a bove respective heads of office. . thereby resulting in us. Definition of trial. the Trial Prosecutor must present evidence to prov e the guilt of the accused and the precise degree of his culpability. the penalty for the lesser offense to which the accused ma y be allowed to plead guilty shall not be more than two (2) degrees lower than the imposable penalty for the crime charged. SEC. . Homicide necessarily produces death. may. 4. . However. -The Tr ial Prosecutor shall always be prepared to conduct the prosecution with his witn esses who shall be subpoenaed well in advance of the scheduled trial dates.2 SEC. The lesser offense shall also be one that is neces sarily related to the offense charged or the offense must belong to the same cla ssification or title under the Revised Penal Code or therelevant special laws. Expeditious prosecution of criminal cases filed with the courts. where the offense charged is homicide. excitement and tension.The object of a trial is to mete out justice. . when accused pleads guilty to a capital offense. b) Witnesses who will testify for the first time shall be afforded the oppo rtunity to be advised to observe criminal proceedings in court to help them over come their anxiety. may not be allowed. Thus. since the fact of death cannot be reconciled with the plea of guilty to frustrated or attempted homicid e.A trial is a judicial examination of the claim s at issue in a case which are presented by the prosecution and defense to enabl e the court to arrive at a judgment pronouncing either the guilt or innocence of the accused.The Trial Prosecutor shall sa fely keep his documentary and other physical evidence and prepare a list thereof in the order they have been marked as exhibits. notwithstanding the presence of mitigating circumstances. the plea of guilty to a lesser offense may not be allowed where it so contravenes lo~ nd common sense as to be unconscionable.

10 The ground underlying the rule is not to let a cri me that has been committed go unpunished.7 c) The testimony of said accused can be substantially corroborated in its m aterial points. the Trial Prosecuto r shall ask from the adverse counsel the number of witnesses he intends to prese nt.'' However. . 6. reasons for testifying and relationship with the accused. thei r moral character.5 b) There is no other direct evidence available for the proper prosecution o f the offense committed. his statements con cerning the relative blame to be attached to different members of his gang. 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 pro vided the court. -The foll . is satisfied that: a) There is absolute necessity for the testimony of the accused whose disch arge is requested. be admitted to the Witness Protection Program under R. Discharge of accused to he state witness.6981. his testimony will not. SEC. Witness protection. for that reason alone.When two or more persons are jointly charged with the commission of any offense. it is a mistake to discharge him as a state \witness where he is bound in a conspi racy. and not when his testimony would simply corroborate or otherwise strengthen the evidence in the hands of the prosecution. SEC.6 as when he alone has knowledge of the crime. a) Before reception of evidence for the defense starts. in order to achieve the g reater purpose of securing the conviction of the more or most guilty and the gre atest number among the accused permitted to be convicted for the offense they co mmitted. his sworn statement shall be inadmissible in evidence. be discarded or disregarded. upon motion of the prosecut ion before resting its case. 8. If the court denies the motion for discharge of the accused as state wi tness. background. even though a court may get the stat ement of a discharged accused that other particular persons were engaged in the crime.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. e) Said accused has not at anv time been convicted of any offense involving moral turpitude. Other persons who may avail of the Witness Protection Program. And even if the witness should lack some of the qualifications enum erated by Sec. All the perpetrators of the offense bound in conspiracy are equally guilty . Evidence adduced in support of the discharge sha11 automatically form part of th e trial. Thus. Rule 119. although an accused did not commit anv of the stabbing.~ d) Said accused does not appear to be the most guilty. No. to enable him to have a clear view of the defense of the accused. Defense evidence. "The Witness Protection. 7. This is an indispensable requirement because it is a notorious f act in human nature that a culprit.SEC. SEC. confessing to a crime. Security and Benefit Act" if he complies with the other requirements of said Act. is likely to put the blame on others rather than himself. 9. among other things.. it is unsafe to accept without corroborating evidence. so an accused who is not the most guil ty is allowed to testify against the most guilty.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 m ost guilty". 9.A. except the testimony of said accused. . b) If the names of defense witnesses are disclosed the Trial Prosec utor shall elicit from reliable sources the whereabouts of these witnesses. upon his petition. after hearing.

Each party is bound to complete the present ation of his evidence within the trial dates assigned to him.A. 6981: a) Any person who has witnessed or has knowledge of or information on the c ommission of a crime and has testified or is testifying or is about to testify b efore any judicial or quasijudicial body.Motions for postponement that ar e initiated by the accused should be vigorously opposed by the Trial Prosecutor and he should make of record his objections thereto.owing may also avail of the Witness Protection Program under R. . Presentation of evidence. and he has not at any time been convicted of any crime involving moral turpi SEC. the accu sed is entitled to relief by a proceeding in mandamus to compel a dismissal of t he information. or if he be restrained of his liberty. he does not appear to be the most guilty. the judge may allow the pa rty additional trial dates in the afternoon. the party is deemed to have completed his evidence presentation.. ii. upon verified motion based on serious reasons. b) Any person who has participated in the commission of a crime and desires to be a witness for the State.Upon receipt of the notice of trial. . whenever the following circumstances are present : i.'3 SEC. Provided. there is absolute necessity for his testimony. 10. 12. No. that: 1. secures postponements of the trial over the objections of a defendant beyond a reasonable period of time. 13. harassed or corrup ted to prevent him from testifying.14 SEC. forced. 11. iv V. the Trial Prosecutor shall not cause or allow the discontinuanc e of the proceedings except for other similarly compelling reasons not attributa ble to him. Order of trial. by habeas corpus to obtai n his freedom16. only the immediate members of his family may avail themselves of the protection provided for under the Act. After the lapse of said dates. without good cause. In such a case. iii. because or on account of his testimony. even if he would be testifying agai nst other law enforcement officers.During the presentation of the prosecu tion's evidence. . SEC. he is not a law enforcement officer. vi tude. leaving to the court's disc retion the disposition of the subject motions. iii. his testimony can be substantially corroborated on its material points. or before any investigating authority. '5 Where a Trial Prosecutor. ii. intimidated. 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. or to testify falsely or evasively. the prosecutor sh all review the record of the case for trial and complete his preparation therefo . Discontinuance of proceedings. his testimony can be substantially corroborated on its material points. and iv. there is no other direct evidence available for the proper prosecution o f the offense committed. the offense in which his testimony will be used is a grave felony as def ined under the Revised Penal Code or its equivalent under special laws. he or any member of his family within the second civil degree of consang uinity or affinity is subjected to threats to his life or bodily injury or there is a likelihood that he will be killed. provided that said extension will n ot go beyond the three-month limit computed from the first trial date. . Ho wever. Motions for postponement of accused.

once commenced. arising from the issuance of any provisional remedy in the case. the case shall be deemed submitted for d ecision unless the court directs the parties to argue orally or to submit memor anda. SEC.re bearing in mind that trial. or has to leave the Philippi nes with no definite date of returning thereto. Cross-Examination of defense witnesses. and that trial shall proceed in the following order pursuant to Se c. organized and coherent pictu re to the court of the prosecution's evidence. \W here there is nothing to refute. in furtherance of justice. and damages. in the p roper case. Such examina tion in the presence of the accused. The recall of a witness who already testified during the evidence-in-chief presentation merely to refute what a defense witness may h ave stated during his defense testimony is not generally a rebuttal evidence. The prosecutor shall endeav or to secure well in advance all available information about a defense witness in order to prepare for an effective cross-examination. The statement thus taken may be admitted on behalf of or against the accused. when the accused admits the act or omission charged in the comp laint or information but interposes a lawful defense. Rule 119 of the Rules of Criminal Procedure: a) The prosecution shall present evidence to prove the charge and.. will be conducted in the same manner as an exa mination at the trial. SEC. Examination of witnesses for the prosecution. b) The accused may present evidence to prove his defense. 16. a cross-ex amination need not be conducted. he may forthwith be conditionall y examined before the judge or the court where the case is pending. conform to he logical sequence of events obtainin g in the case on trial in order to present a clear. For example. e) However. Rebuttal evidence. shall be considered a waiver . 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. Failure or refusal on the part of the accused to attend t he examination after notice herein before provided. 15. . if a ny. a witness whose testimony is vit al to the case and whose life is in danger or who may be sick/injured arid may p ossibly die. SEC. 3. SEC. d) Upon admission of the evidence. 17. or after reasonable notice to attend the ex amination has been served on him. should be made to testify as early as practicable.The presentation and nature of rebuttal evidence wi ll depend on the effect which the defense evidence may have caused on the prosec ution's evidence-in-chief. unles s the court. rebuttal evidence is unnecessary. The rule of logical sequencing notwithstanding. may continue from day to day unti l terminated.The order in the presentation of witnesses shall.-Where it shall satisfa ctorily appear that the witness for the prosecution is too sick or infirm to app ear at the trial as directed by order of the court. the civil liability. Where the testimony of a defense witness bears no effect on the evidence of the prosecution. the order of trial may be modified accordingly. permits them to present additional evide nce bearing upon the main issue. c) The parties may then respectively present rebutting evidence only. as far as practicable.. in the case of prosecution under the Dangerous Drugs Law. Presentation of witnesses. 14.

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