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The for examination or copying by The hearing shall be held

PROCEDURE preliminary investigation shall be the respondent at his within ten (10) days from
conducted in the following manner: expense. submission of the counter-
(As amended, December 1, 2000)
affidavits and other
(a) The complaint shall state Objects as evidence need not documents or from the
the address of the respondent be furnished a party but shall expiration of the period for
RULE 112 and shall be accompanied by be made available for their submission. It shall be
the affidavits of the examination, copying, or terminated within five (5)
complainant and his photographing at the expense days.
Preliminary Investigation
witnesses, as well as other of the requesting party.
supporting documents to (f) Within ten (10) days after
Section 1. Preliminary investigation establish probable cause. (c) Within ten (10) days from the investigation, the
defined; when required. Preliminary They shall be in such number receipt of the subpoena with investigating officer shall
investigation is an inquiry or of copies as there are the complaint and supporting determine whether or not
proceeding to determine whether there respondents, plus two (2) affidavits and documents, the there is sufficient ground to
is sufficient ground to engender a well- copies for the official file. The respondent shall submit his hold the respondent for trial.
founded belief that a crime has been affidavits shall be subscribed counter-affidavit and that of (3a)
committed and the respondent is and sworn to before any his witnesses and other
probably guilty thereof, and should be supporting documents relied Section 4. Resolution of investigating
prosecutor or government
held for trial. official authorized to upon for his defense. The prosecutor and its review. If the
administer oath, or, in their counter-affidavits shall be investigating prosecutor finds cause to
Except as provided in section 7 of this subscribed and sworn to and hold the respondent for trial, he shall
absence or unavailability,
Rule, a preliminary investigation is certified as provided in prepare the resolution and information.
before a notary public, each
required to be conducted before the paragraph (a) of this section, He shall certify under oath in the
of who must certify that he
filing of a complaint or information for with copies thereof furnished information that he, or as shown by the
personally examined the
an offense where the penalty by him to the complainant. record, an authorized officer, has
affiants and that he is
prescribed by law is at least four (4) The respondent shall not be personally examined the complainant
satisfied that they voluntarily
years, two (2) months and one (1) day allowed to file a motion to and his witnesses; that there is
executed and understood
without regard to the fine. (1a) dismiss in lieu of a counter- reasonable ground to believe that a
their affidavits.
affidavit. crime has been committed and that the
Section 2. Officers authorized to
(b) Within ten (10) days after accused is probably guilty thereof; that
conduct preliminary investigations. (d) If the respondent cannot
the filing of the complaint, the the accused was informed of the
investigating officer shall be subpoenaed, or if complaint and of the evidence
The following may conduct preliminary
either dismiss it if he finds no subpoenaed, does not submit submitted against him; and that he was
ground to continue with the counter-affidavits within the given an opportunity to submit
(a) Provincial or City investigation, or issue a ten (10) day period, the controverting evidence. Otherwise, he
Prosecutors and their subpoena to the respondent investigating officer shall shall recommend the dismissal of the
assistants; attaching to it a copy of the resolve the complaint based complaint.
complaint and its supporting on the evidence presented by
(b) Judges of the Municipal the complainant. Within five (5) days from his resolution,
Trial Courts and Municipal affidavits and documents.
he shall forward the record of the case
Circuit Trial Courts; The respondent shall have (e) The investigating officer to the provincial or city prosecutor or
the right to examine the may set a hearing if there are chief state prosecutor, or to the
(c) National and Regional facts and issues to be clarified
State Prosecutors; and evidence submitted by the Ombudsman or his deputy in cases of
complainant which he may from a party or a witness. The offenses cognizable by the
(d) Other officers as may be not have been furnished and parties can be present at the Sandiganbayan in the exercise of its
authorized by law. to copy them at his expense. hearing but without the right original jurisdiction. They shall act on
If the evidence is voluminous, to examine or cross-examine. the resolution within ten (10) days from
Their authority to conduct preliminary They may, however, submit to
investigations shall include all crimes the complainant may be their receipt thereof and shall
required to specify those the investigating officer immediately inform the parties of such
cognizable by the proper court in their questions which may be
respective territorial jurisdictions. (2a) which he intends to present action.
against the respondent, and asked to the party or witness
these shall be made available concerned.
No complaint or information may be the case which shall include: (a) the Section 6. When warrant of arrest may (b) By the Municipal Trial Court.
filed or dismissed by an investigating warrant, if the arrest is by virtue of a issue. (a) By the Regional Trial When required pursuant to the second
prosecutor without the prior written warrant; (b) the affidavits, counter- Court. Within ten (10) days from the paragraph of section 1 of this Rule, the
authority or approval of the provincial affidavits and other supporting filing of the complaint or information, preliminary investigation of cases
or city prosecutor or chief state evidence of the parties; (c) the the judge shall personally evaluate the falling under the original jurisdiction of
prosecutor or the Ombudsman or his undertaking or bail of the accused and resolution of the prosecutor and its the Metropolitan Trial Court, Municipal
deputy. the order for his release; (d) the supporting evidence. He may Trial Court in Cities, Municipal Trial
transcripts of the proceedings during immediately dismiss the case if the Court, or Municipal Circuit Trial Court
Where the investigating prosecutor the preliminary investigation; and (e) evidence on record clearly fails to may be conducted by either the judge
recommends the dismissal of the the order of cancellation of his bail establish probable cause. If he finds or the prosecutor. When conducted by
complaint but his recommendation is bond, if the resolution is for the probable cause, he shall issue a the prosecutor, the procedure for the
disapproved by the provincial or city dismissal of the complaint. warrant of arrest, or a commitment issuance of a warrant or arrest by the
prosecutor or chief state prosecutor or order if the accused has already been judge shall be governed by paragraph
the Ombudsman or his deputy on the Within thirty (30) days from receipt of arrested pursuant to a warrant issued (a) of this section. When the
ground that a probable cause exists, the records, the provincial or city by the judge who conducted the investigation is conducted by the judge
the latter may, by himself, file the prosecutor, or the Ombudsman or his preliminary investigation or when the himself, he shall follow the procedure
information against the respondent, or deputy, as the case may be, shall complaint or information was filed provided in section 3 of this Rule. If the
direct any other assistant prosecutor or review the resolution of the pursuant to section 7 of this Rule. In findings and recommendations are
state prosecutor to do so without investigating judge on the existence of case of doubt on the existence of affirmed by the provincial or city
conducting another preliminary probable cause. Their ruling shall probable cause, the judge may order prosecutor, or by the Ombudsman or
investigation. expressly and clearly state the facts the prosecutor to present additional his deputy, and the corresponding
and the law on which it is based and evidence within five (5) days from information is filed, he shall issue a
If upon petition by a proper party under the parties shall be furnished with
such rules as the Department of notice and the issue must be resolved warrant of arrest. However, without
copies thereof. They shall order the by the court within thirty (30) days from waiting for the conclusion of the
Justice may prescribe or motu proprio,
release of an accused who is detained the filing of the complaint of investigation, the judge may issue a
the Secretary of Justice reverses or if no probable cause is found against
modifies the resolution of the provincial information. warrant of arrest if he finds after an
him. (5a) examination in writing and under oath
or city prosecutor or chief state
prosecutor, he shall direct the of the complainant and his witnesses in
prosecutor concerned either to file the the form of searching question and
corresponding information without answers, that a probable cause exists
conducting another preliminary and that there is a necessity of placing
investigation, or to dismiss or move for the respondent under immediate
dismissal of the complaint or custody in order not to frustrate the
information with notice to the parties. ends of justice.
The same rule shall apply in (c) When warrant of arrest not
preliminary investigations conducted necessary. A warrant of arrest shall
by the officers of the Office of the not issue if the accused is already
Ombudsman. (4a) under detention pursuant to a warrant
Section 5. Resolution of investigating issued by the municipal trial court in
judge and its review. Within ten (10) accordance with paragraph (b) of this
days after the preliminary investigation, section, or if the complaint or
the investigating judge shall transmit information was filed pursuant to
the resolution of the case to the section 7 of this Rule or is for an
provincial or city prosecutor, or to the offense penalized by fine only. The
Ombudsman or his deputy in cases of court shall then proceed in the exercise
offenses cognizable by the of its original jurisdiction. (6a)
Sandiganbayan in the exercise of its
original jurisdiction, for appropriate
action. The resolution shall state the
findings of facts and the law supporting
his action, together with the record of
Section 7. When accused lawfully Section 8. Records. (a) Records (b) If filed with the Municipal
arrested without warrant. When a supporting the information or Trial Court. If the complaint
person is lawfully arrested without a complaint. An information or or information is filed directly
warrant involving an offense which complaint filed in court shall be with the Municipal Trial Court
requires a preliminary investigation, the supported by the affidavits and or Municipal Circuit Trial
complaint or information may be filed counter-affidavits of the parties and Court for an offense covered
by a prosecutor without need of such their witnesses, together with the other by this section, the procedure
investigation provided an inquest has supporting evidence and the resolution in section 3(a) of this Rule
been conducted in accordance with on the case. shall be observed. If within
existing rules. In the absence or ten (10) days after the filing of
unavailability of an inquest prosecutor, (b) Record of preliminary investigation. the complaint or information,
the complaint may be filed by the The record of the preliminary the judge finds no probable
offended party or a peace office investigation, whether conducted by a cause after personally
directly with the proper court on the judge or a fiscal, shall not form part of evaluating the evidence, or
basis of the affidavit of the offended the record of the case. However, the after personally examining in
party or arresting officer or person. court, on its own initiative or on motion writing and under oath the
of any party, may order the production complainant and his
Before the complaint or information is of the record or any its part when witnesses in the form of
filed, the person arrested may ask for a necessary in the resolution of the case searching question and
preliminary investigation in accordance or any incident therein, or when it is to answers, he shall dismiss the
with this Rule, but he must sign a be introduced as an evidence in the same. He may, however,
waiver of the provisions of Article 125 case by the requesting party. (8a) require the submission of
of the Revised Penal Code, as additional evidence, within ten
Section 9. Cases not requiring a
amended, in the presence of his (10) days from notice, to
preliminary investigation nor covered
counsel. Notwithstanding the waiver, determine further the
he may apply for bail and the by the Rule on Summary Procedure.
investigation must be terminated within existence of probable cause.
If the judge still finds no
fifteen (15) days from its inception. (a) If filed with the prosecutor. probable cause despite the
After the filing of the complaint or If the complaint is filed additional evidence, he shall,
information in court without a directly with the prosecutor within ten (10) days from its
preliminary investigation, the accused involving an offense submission or expiration of
may, within five (5) days from the time punishable by imprisonment said period, dismiss the case.
he learns of its filing, ask for a of less four (4) years, two (2) When he finds probable
preliminary investigation with the same months and one (1) day, the cause, he shall issue a
right to adduce evidence in his defense procedure outlined in section warrant of arrest, or a
as provided in this Rule. (7a; sec. 2, 3(a) of this Rule shall be commitment order if the
R.A. No. 7438) observed. The prosecutor accused had already been
shall act on the complaint arrested, and hold him for
based on the affidavits and trial. However, if the judge is
other supporting documents satisfied that there is no
submitted by the complainant necessity for placing the
within ten (10) days from its accused under custody, he
filing. may issue summons instead
of a warrant of arrest. (9a)