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

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

34
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

38

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
45 PART VIII. PRE-TRIAL Sec. 1. Concept of Pre-trial 46 Sec. 2. Duties of
Prosecutor Before and After the Pre-trial Conference 46 Sec. 3. Subject Matters of
Pre-trial 46 Sec. 4. Plea of Guilty to a Lesser Offense 47 Sec. 5. When Accused
Pleads Guilty to a Capital Offense ... 48 PART IX. TRIAL Sec. 1. Definition of
Trial Sec. 2. Concept of Trial Sec. 3. Expeditious Prosecution of Criminal Cases
Filed with the Courts 50 Sec. 4. Order of Presentation of Witnesses . . . Sec. 5.
Preparation of Formal Offer of Exhibits Sec. 6. Defense Evidence 50 Sec. 7.
Discharge of Accused to be State Witness Sec. 8. Witness Protection 52 Sec. 9.
Other Persons Who May Avail of the Witness Protection Program 52 Sec. 10. Motions
for Postponement of Accused 53 Sec. 11. Discontinuance of Proceedings 53 Sec. 12.
Presentation of Evidence 53 Sec. 13. Order of Trial 53 Sec. 14. Presentation of
Witnesses 54 Sec. 15. Examination of Witness for the Prosecution Sec. 16. Cross-
Examination of Defense Witnesses Sec. 17. Rebuttal Evidence 54 Sec. 18. Request for
Subpoena 55 Sec. 19. Custody of Physical and Real Evidence Pending Trial 55 PART X.
MOTION TO QUASH Sec. 1. Definition and Purpose of Motion to Quash 58 Sec. 2. Form
of Motion to Quash 58 Sec. 3. Time to Move to Quash 58 Sec. 4. Grounds of Motion to
Quash 58 Sec. 5. Amendment of Complaint or Information 59 Sec. 6. Court Action
Sustaining Motion to Quash 59 Sec. 7. Nature of Court Order Granting a Motion to
Quash 59 Sec. 8. Denial of Motion to Quash 59 Sec. 9. Nature of Order Denying
Motion to Quash 59 Sec.10. Meaning of "Appeal in Due Time 60

50 50 51

54 54
Sec. 60

11. Order Sustaining the Motion to Quash not a Bar to Another Prosecution;
Exception

PART XI. MISCELLANEOUS MATTERS Sec. 1. Hold Departure Orders of Accused Persons 62
Sec. 2. Cancellation of Travel Documents 62 Sec. 3. Handling of Complaints Filed
Against Public Officers and Employees 62 Sec. 4. Notification of Prosecutor of the
Filing of an Application for P robation 63 Sec. 5. Comment on Application for
Probation 63 Sec. 6. Release of Applicant for Probation 63 Sec. 7. Objection to
Grant of Probation 63 Sec. 8. Hearing for Revocation of Probation 64 Sec. 9.
Procedure in Cases Involving Children 64 APPENDICES

Appendix 'A1,Control of Case Record 70 Appendix 'B, NPS Form 1, Order (To submit
additional evidenciary documents) 71 Appendix "B-i", NPS Form 2, Release Order Of
Detained Person 72 Appendix "B-2", NPS Form 3, Request for Preliminary
Investigation and Waiver of Article 125, Revised Penal Code 73 Appendix "B-3", NPS
Form 4, Certification (For Information in Inquest Cases) 74 Appendix "B-4", NPS
Form 5, Release Order Of Recovered Articles 75 Appendix "B-S", NPS Form 6, 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. This Manual partly answers this need. A
compilation of pertinent provisions of the Rules on Criminal Procedure, Depart ment
of Justice issuances and decisions of the Supreme Court, this work will be a useful
teaching guide for those who ~~ire to be prosecutors and a handy refere
nce book for the prosecutors in the field. We expect this Manual to be enriched and
improved through use. ()~'3rcls this en d any suggestions for its improvement
will )C highly appreciated. Doubtless, this Manual will help elevate the quality of
prosecutorial ~ and answ er the clamor ~i; our people for fast and efficient
justice.

TEOFISTO 1 GUINGONA, JR Secretary

ACKNOWLEDGEMENT

This manual was put together by a Committee created by Secretary of Justice Teof
isto T. Guingona, Jr. under Department of Justice Order No.153 dated 28 May 1996 .
The Body is headed by Assistant Chief State Prosecutor Francisco L. Santos and the
following as members: then Assistant Chief State Prosecutor and now Chief S tate
Prosecutor Jovencito R. Zuno, Assistant Chief State Prosecutors Nib C. M ariano and
Apolinario G. Exevea, Regional State Prosecutor Claro A. Arellano, Qu ezon City
Prosecutor Candido F. Rivera, Pasig City Prosecutor Antonio L. Liorent e,Laguna
Provincial Prosecutor George C. Dee and Rizal 2nd Assistant Provincial Fiscal
Apolinario D. Brusel as, Jr. The Committee was assisted in its work by former Rizal
Provincial Prosecutor Mau ro M. Castro and Deputy Ombudsman for Luzon Jesus F.
Guerrero both of whom contr ibuted valuable and refined insights into the work of a
prosecutor. In this regard, I wish to acknowledge the rote of Rizal Provincial
Prosecutor Gr egono A. Arizala and his team in putting the Manual in its final form
and State Prosecutor II Teresita R. Domingo for taking pains in reading the
manuscript.
RAMON J. LIWAG Undersecretary Chairman, Committee created under Department Order
No.153, series of 1996

NOTE THIS MANUAL IS DESIGNED TO BE REVISED AND UPDATED AS THE NEED ARISES. WHEN
CHANGES OCCUR IN THE RELEVANT LAW, ISSUANCE OR JURISPRUDENCE ,THESE CHANGES WILL BE
FORWARDED TO YOU IN THE FORM OF NEW LOOSE LEAF PAGES. FILE THESE NEW PAGES AS SOON
AS POSSIBLE TO KEEP YOUR MANUAL CURRENT AND COMPLET E.
RULES ON PROCEDURE IN THE INVESTIGATION, PROSECUTION AND TRIAL OF CRIMINAL CASES

PART I. PROSECUTION OF OFFENSES SECTION 1. Criminal action. - A criminal action is

one by which the state prosec utes a person for an act or omission punishable by
law. SEC. 2. How and where commenced. - 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. However, a criminal action
for an offense committed within Metro Manila, may be commenced only by the filing
of t he complaint with the Prosecutor's Office. SEC. 3. Complaint. - A complaint is
a sworn written statement charging a person with an offense and subscribed by the
offended party, any peace officer or publi c officer charged with the enforcement
of the law violated. To discourage the filing of harassment charges, 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. SEC. 4.
Offended party, defined. - The offended party is the person against whom or against
whose property the crime was committed. SEC. 5. Information. - An information is
the accusation in writing charging a pe rson with an offense, subscribed by the
prosecutor, and filed with the court. Th e information need not be placed under
oath by the prosecutor signing the same. The prosecutor must, however, certify
under oath that a) he has examined the complainant and his witnesses; b) there is
reasonable ground to believe that a crime has been committed an d that the accused
is probably guilty thereof; c) the accused was informed of the complaint and of the
evidence submitted against him; and d) the accused was given an opportunity to
submit controverting evidence. SEC. 6. 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; designation of the offense
committed; act or omission complained of; name of the offended party; approximate
time of the commission of the offense; and place where the offense was committed.

SEC. 7. Other essential matters to be alleged in complaint or information. -The

following shall also be alleged in a complaint or information: a) every essential
element O{ the offense; b) the criminal intent of the accused and its relation to
the act or omissi on complained of; c) all qualifying and generic aggravating
circumstances which are integral pans of the offense; d) all matters that are
essential to the constitution of the offense, such
as the ownership and/or value of the property robbed or destroyed; the particula r
knowledge to establish culpable intent; or the particular intention that chara
cterizes the offense; e) age of the minor accused, and whenever applicable, the
fact that he acte d with discernment; and f) age of the minor complainant, when age
is material. SEC. 8. Additional contents of a complaint - In addition to the
matters listed above, 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. 3EC. 9. Name of
accused. - The complaint or information shall state the name and surname of the
accused, if known, or any appellation or nickname by which he -h as been or is
known. If his name is not known, the accused shall be mentioned un der a fictitious
name such as "John Doe'1 or "Jane Doe." SEC. 10. Designation of offense. - To
properly inform the accused of the nature and cause of the accusation against him,
the complaint or information shall stat e, whenever possible, a) the designation
given to the offense by the statute; b) the statement of the act or omission
constituting the same, and if there is no such designation, reference shall be made
to the section or subsection of the law punishing it. SEC. 11. Cause of accusation.
- The act or omission complained of as constitutin g the offense shall be stated in
an ordinary and concise language without repeti tion. 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. SEC. 12. Place of the commission of
offense. - 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, unle ss the particular place in which the
crime was committed is an essential element of the crime e.g. 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 ", o r if it is necessary to identify the
offense charged e.g., the domicile in the o ffense of "violation of domicile." SEC.
13. Time of commission of offense. - 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.g. ,treason, infanticide. 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. SEC. 14. Title of complaint or
information. - 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. SEC. 15. Contents of caption of an
information. - The caption of an information shall, in addition to the name of the
Plaintiff, indicate the following: a) the complete names i.e., given name, maternal
name, surname, and addre sses, of all the accused. In the case of accused minors,
their age shall be indi cated in the caption; b) the case number; and c) the
offense charged. The denomination of the offense and the specific law and provision
violated shall be specified.
SEC. 16. List of prosecution witnesses. - The information shall contain the comp
lete names and addresses of all identified witnesses for the prosecution. In cas es
for violation of B. P. Blg. 22 and estafa cases, the list of witnesses shall
include the complainant, the bank representative with specific reference to the
check and account numbers involved and in the proper cases, the company auditor;
and in physical injuries cases, the attending physician with specific reference to
the medical report and date of the incident. SEC. 17. Number nly one offense cases
in which , e.g., complex of offenses charged. - A complaint or information shall
charge o so as not to confuse the accused in his defense, except in those existing
laws prescribe a single punishment for various offenses crimes under Article 48 of
the Revised Penal Code.

SEC. 18. Amendment of information or complaint. - An information or complaint ma y

be amended before the accused pleads, after the accused has pleaded, and durin g
the trial. Before plea, amendment of the information or complaint, in substance or
form, is a matter of right. After plea and during trial, 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. At any time before judgment, 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, Sec tion 11, provided the accused would
not be placed thereby in double jeopardy. T he court may also require the witnesses
to give bail for their appearance at the trial. SEC. 19. Mistake inform and
substance. - A mistake in form refers to clerical er rors, matters which are not
essential to the charge, 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. 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, or from showin g what offense is intended to be charged. SEC. 20. How
Period of Prescription Computed and Interrupted. - For an offense penalized under
the Revised Penal Code, the period of prescription commences to run from the day on
which the crime is discovered by the offended party, the aut horities, or their
agents, and shall be interrupted: a) by the filing of the complaint with the Office
of the City/Provincial Pr osecutor; or wit the Office of the Ombudsman; 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, or even if t he court where
the complaint or information is filed cannot try the case on its merits. However,
for an offense covered by the Rules on Summary Procedure, the period of
prescription is interrupted only by the filing of the complaint or information in
court.
The prescription of an offense filed before the Prosecutor or Ombudsman shall co
mmence to run again when such proceedings terminate; 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. For violation of a special law or ordinance,
the period of prescription shall co mmence to run from the day of the commission of
the violation, and if the same i s not known at the time, from the discovery and
the institution of judicial proc eedings for its investigation and punishment. 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. For cases falling within the
jurisdiction of the Katarungang Pambarangay, the pe riod of prescription is
likewise interrupted by the filing of the complaint with the punong barangay; 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; Provided, however, That such interruption shall not exceed sixty (60)
days from the filing of the complaint with the puno ng barangay. 22 Prescription
shall not run when the offender is absent from the country. In cases where the
imposable penalty is imprisonment and/or a fine, the greater penalty shall be the
basis for the computation of prescription. PART II. INQUEST SECTION 1. Concept. -
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.
SEC. 2. Designation of In quest Officer. 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. If, however, there is only one Prosecutor in the area, all inquest eases s
hall be referred to him for appropriate action. Unless otherwise directed by the
City or Provincial Prosecutor, 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. SEC. 3. Commencement and termination of inquest.- 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; b) the investigation report; c)
the statement of the complainant and witnesses; 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. The Inquest Officer shall, as
far as practicable, cause the affidavit of arrest and statements/affidavits of the
complainant and the witnesses to be subscribed
and sworn to before him by the arresting officer and the affiants. The inquest
proceedings must be terminated within the period prescribed under th e provisions
of Article 125 of the Revised Penal Code, as amended. SEC. 4. Documents required in
specific cases. - The Inquest Officer shall, as fa r as practicable, require the
submission/presentation of the documents listed be low, to wit: Murder, Homicide
and Parricide a) certified true/machine copy of the certificate of death of the
victim; a nd b) necropsy report and the certificate of post-mortem examination, if
readi ly available. Frustrated or Attempted Homicide, Murder, Parricide and
Physical Injuries a) medical certificate of the complaining witness showing the
nature or ext ent of the injury; b) certification or statement as to duration of
the treatment or medical at tendance; and c) certificate or statement as to
duration of incapacity for work. Violation of the Dangerous Drugs Law (R.A.
No.6425, as amended) a) chemistry report or certificate of laboratory examination
duly signed by the forensic chemist or other duly authorized officer. If the
foregoing docume nts are not available, the Inquest Officer may temporarily rely on
the field tes t results on the seized drug, as attested to by a PNP Narcotics
Command operativ e or other competent person, 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;
b) machine copy or photograph of the buy-bust money; and c) affidavit of the
poseur-buyer, if any. Theft and Robbery, Violation of the Anti-Piracy and Anti-
Highway Robbery Law (P. D. No.532) and Violation of the Anti-Fencing Law (P.D.
No.1612) a) a list/inventory of the articles and items subject of the offense; and
b) statement of their respective values.

Rape, Seduction and Forcible Abduction with Rape a) the medico-legal report (living
case report), if the victim submitted her self for medical or physical examination.
Violation of the Anti-Carnapping Law (R.A. No.6539) a) machine copy of the
certificate of motor vehicle registration; b) machine copy of the current official
receipt of payment of theregistrati on fees of the subject motor vehicle; and c)
other evidence of ownership. Violation of the Anti-Cattle Rustling Law (P.D.
No.533) a) b) machine copy of the cattle certificate of registration; and
photograph of the cattle, if readily available.
Violation of Illegal Gambling Law (P.D. No.1602) a) b) gambling paraphernalia; and
cash money, if any.

Illegal Possession of Explosives (P.D. No.1866) a) b) chemistry report duly signed

by the forensic chemist; and photograph of the explosives, if readily available.

Violation of the Fisheries Law (P.9. No.704) a) b) photograph of the confiscated

fish, if readily available; and certification of the Bureau of Fisheries and
Aquatic Resources.

Violation of the Forestry Law (P.9. No.705) a) scale sheets containing the volume
and species of the forest products co nfiscated, number of pieces and other
important details such as estimated value of the products confiscated; b)
certification of Department of Environment and Natural Resources/B ureau of Forest
Management; and c) seizure receipt. 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. SEC. 5. Incomplete documents. - When the documents presented are not
complete to establish probable cause, 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, as amended.
Otherwise, the I nquest Officer shall order the release of the detained person and,
where the in quest is conducted outside of office hours, direct the law enforcement
agency co ncerned to file the case with the City or Provincial Prosecutor for
appropriate action. SEC. 6. Presence of detained person. - The presence of the
detained person who i s under custody shall be ensured during the proceedings.
However, 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) if he
is detained in a place under maximum security; c) if production of the detained
person will involve security risks; or d) if the presence of the detained person is
not feasible by reason of age, health, sex and other similar factors. 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. SEC. 7. Charges and
counter-charges.- All charges and counter-charges arising fr om the same incident
shall, as far as practicable, be consolidated and inquested jointly to avoid
contradictory or inconsistent dispositions. SEC. 8. Initial duty of Inquest
Officer. - 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, Rule 113 of
the 1985 Rules on Criminal Procedure,
as amended, which provide that arrests without a warrant may be effected: a) when,
in the presence of the arresting officer, the person to be arreste d has committed,
is actually committing, or is attempting to commit an offense; or b) when an
offense has in fact just been committed, and the arresting offic er has personal
knowledge of facts indicating that the person to be arrested has committed it. For
this purpose, the Inquest Officer may summarily examine the arresting office rs on
the circumstances surrounding the arrest or apprehension of the detained p erson.
SEC. 9. where arrest not properly effected. - Should the Inquest Officer find th at
the arrest was not made in accordance with the Rules, he shall; a) recommend the
release of the person arrested or detained; b) note down the disposition on the
referral document; c) prepare a brief memorandum indicating the reasons for the
action taken; and d) forward the same, together with the record of the case, to the
City or P rovincial Prosecutor for appropriate action. 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, 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, tog ether with the copies of the
charge sheet or complaint, affidavits or sworn stat ements of the complainant and
his witnesses and other supporting evidence. SEC. 10. where arrest properly
effected. - Should the inquest Officer find that the arrest was properly effected,
the detained person shall be asked if he desir es to avail himself of a preliminary
investigation and, if he does, he shall be made to execute a waiver of the
provisions of Article 125 of the Revised Penal C ode, as amended , with the
assistance of a lawyer and, in case of non-availabili ty of a lawyer, a responsible
person of his choice. 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, w hich investigation shall be
terminated within fifteen (15) days from its incepti on. 9 SEC. 11. Inquest
preliminary investigation Inquest Officer shall statements/affi davits of evidence
submitted to him. proper.- Where the detained person does not opt for a or
otherwise refuses to ex ecute the required waiver, the proceed with the inquest by
examining the sworn the complainant and the witnesses and other supporting If
necessary, 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. SEC. 12. Meaning of
probable cause.- 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.
SEC. 13. Presence of probable cause.- If the Inquest Officer finds that probable
cause exists, he shall forthwith prepare the corresponding complaint/in formation
with the recommendation that the same be filed in court. The complaint /information
shall indicate the offense committed and the amount of bail recomme nded, if
bailable. Thereafter, the record of the case, together with the prepared complain
t/information, shall be forwarded to the City or Provincial Prosecutor for appro
priate 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. SEC. 14. Contents of Information.- The
information shall, among others, contain: a) a certification by the filing
Prosecutor that he is filing the same in a ccordance with the provisions of Section
7, Rule 112, Rules on Criminal Procedur e, in cases cognizable by the Regional
Trial Court; b) the full name and aliases, if any, and address of the accused; c)
the place where the accused is actually detained; d) the full names and addresses
of the complainant and witnesses; e) a detailed description of the recovered items,
if any; f) the full name and address of the evidence custodian; g) the age and date
of birth of the complainant or the accused, if eighteen (18) years of age or below;
and h) the full names and addresses of the parents, custodians or guardians of the
minor complainant or accused, as the case may be. SEC. 15. Absence of probable
cause.- If the Inquest Officer finds no probable ca use, he shall: a) recommend the
release of the arrested or detained person; b) note down his disposition on the
referral document; c) prepare a brief memorandum indicating the reasons for the
action taken; and d) forthwith forward the record of the case to the City or
Provincial Prose cutor for appropriate action. If the recommendation of the Inquest
Officer for the release of the arrested or detained person is approved, the order
of release shall be served on the officer having custody of the said detainee.
Should the City or Provincial Prosecutor disapprove the recommendation of releas e,
the arrested or detained person shall remain under custody, 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. SEC. 16. Presence at
crime scene. - Whenever a dead body is found and there is r eason to believe that
the death resulted from foul play, or from the unlawful ac ts or omissions of other
persons and such fact has been brought to his attention , the Inquest Officer
shall: a) forthwith proceed to the crime scene or place of discovery of the dead p
erson; 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, as the case may be; c) direct the police investigator to cause the
taking of photographs of the
crime scene or place of discovery of the dead body; 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; and e) submit a written
report of his finding to the City or Provincial Prosecu tor for appropriate action.
SEC. 17. Sandiganbayan cases.- Should any complaint cognizable by the Sandiganba
yan be referred to an Inquest Officer for investigation, the latter shall, after
conducting the corresponding inquest proceeding, forthwith forward the complete
record to the City or Provincial Prosecutor for appropriate action. SEC. 18.
Recovered articles.- 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, checked and accounted for with the issu ance of
corresponding receipts by the police officer/investigator concerned. The said
articles must be properly deposited with the police evidence custodian and not with
the police investigator. The Inquest Officer shall ensure that the items recovered
are duly safeguarded a nd the chain of custody is properly recorded. SEC. 19.
Release of recovered articles.- The Inquest Officer shall, with the pri or approval
of the City or Provincial Prosecutor or his duly authorized represen tative, order
the release of recovered articles to their lawful owner or posses sor, subject to
the conditions that: a) there is a written request for their release; b) the person
requesting the release of said articles is shown to be the la wful owner or
possessor thereof; c) the requesting party undertakes under oath to produce said
articles befo re the court when so required; d) the requesting party, if he is a
material witness to the case, 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, or tools in the commission
of the offense charged nor the proceeds thereof; 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 . PART III. PRELIMINARY
INVESTIGATION SECTION 1. Concept of preliminary investigation - 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. A preliminary investigation is essentially a
judicial inquiry since there is the opportunity to be heard, the production and
weighing of evidence, and a decisio n rendered on the basis of such evidence. In
this sense, the investigating prose cutor is a quasi-judicial officer. SEC. 2.
Purpose of preliminary investigation. - A preliminary investigation is i ntended:
a) to secure the innocent against hasty, malicious and oppressive prosecuti on and
to protect him from an open and public accusation of a crime and from the trouble,
expense and anxiety of a public trial; and b) to protect the State from having to
conduct useless and expensive trials . SEC. 3. Nature of preliminary investigation.
- 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, the deprivation of
which would be a denial of his right to due process. SEC. 4. Effect of amendment of
information. - In case an information is amended, a new preliminary investigation
shall be conducted if the amended charge is not related to the crime originally
charged; if there is a change in the nature of the crime charged; or if the
information on its face is null and void for lack o f authority to file the same.
SEC. 5. where right of preliminary investigation may he invoked. - The right to a
preliminary investigation may be invoked only in cases cognizable by the Regio nal
Trial Court. The right is not available in cases triable by inferior courts. SEC.
6. Officers Authorized to Conduct Preliminary Investigation. - The followin g may
conduct a preliminary investigation; a) b) c) d) Provincial or City Prosecutors and
their assistants; Judges of Municipal Trial Courts and Municipal Circuit Trial
Courts; National and Regional State Prosecutors; and Other officers as may be
authorized by law.

Their authority to conduct preliminary investigation shall include all crimes co

gnizable by the proper court in their respective territorial jurisdiction. SEC. 7.
Commencement of Preliminary Investigation.- 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; b) by referral from or upon request of the law enforcement agency that inve
stigated a criminal incident; 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, as amended; d) by order or upon directive of the
court or other competent authority; or e) for election offenses, upon the
initiative of the Commission on Election s, or upon written complaint by any
citizen, candidate, registered political par ty, coalition of registered parties or
organizations under the party-list system or any accredited citizen arm of the
Commission on Elections. SEC. 8. Complaint. - For purposes of preliminary
investigation, the complaint fi led with the prosecutor's office shall, as far as
practicable, be accompanied or covered by an Information Sheet and shall state,
among others a) the full and complete names and exact home, office or postal
addresses o f the complainant and his witnesses; b) The full and complete name and
exact home, office or postal address of t he respondent; c) The offense charged and
the place and exact date and time of its commiss ion; and d) Whether or not there
exists a related case and, if so, the docket number
of said case and the name of the Investigating Prosecutor thereof. SEC. 9.
Supporting affidavits.- The complaint shall be accompanied by the affida vits of
the complainant and his witnesses, as well as other supporting proofs or documents,
if any. The affidavits shall be sworn to before a Provincial, City o r State
Prosecutor, or other government official authorized to administer oaths or, in
their absence or unavailability, a notary public, who must certify that h e
personally examined the affiants and that he is satisfied that they voluntaril y
executed and understood their affidavits. When the preliminary investigation is
commenced by referral from or upon request of the law enforcement agency that
investigated the incident, 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. SEC. 10. Number of copies of
affidavits. - The complaint and supporting affidavi ts shall be in such number of
copies as there are respondents, plus four (4) cop ies for the court/official file.
Where a complaint charges multiple offenses which cannot be the subject of one i
ndictment or information, 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. SEC. 11. Barangay certification . - If the offense charged is
punishable by impr isonment not exceeding one (1) year or a fine not exceeding Five
Thousand Pesos (5,000.00) and the parties to the case are all residents of the same
city or mun icipality, the complaint shall be accompanied by the certification
required unde r Section 412 (a) of R.A. Act No.7160, "The Local Government Code of
1991. SEC. 12. Lack of harangay certification.- The absence of a barangay
certificatio n shall not be a ground for the dismissal of the complaint. The
Investigating P rosecutor shall, however, make the corresponding referral of the
complaint to th e proper Lupong Tagapamayapa for appropriate action pursuant to the
provisions o f Chapter 7, Book III of R.A. No.7160. In connection therewith, 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. In any of the following cases. 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; or b) where the respondent has been deprived of
personal liberty calling for h abeas corpus proceedings; or c) where the case may
be barred by the Statute of Limitations. SEC. 13. Initial/ action on the
Complaint.- Within ten (10) days after the filin g of the complaint, the
Investigating Prosecutor shall either dismiss the same i f he finds no ground to
continue with the inquiry, or issue a subpoena to the re spondent, attaching
thereto a copy of the complaint together with the affidavits of witnesses and other
supporting documents. 9 SEC. 14. Dismissal of complaint. - The following, among
others, 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;
b) that, at the time of the filing of the complaint, the offense charged th erein
had already prescribed; c) that the complainant is not authorized under the
provisions of pertinent laws to file the complaint; 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; 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. SEC. 15. Personal service of documents by investigating
prosecutor. -Whenever ci rcumstances warrant and to prevent the loss of documents
in the course of the se rvice of a subpoena through ordinary modes, the
Investigating Prosecutor may req uire the respondent or other parties to appear
before him on a designated date, time and place and then and there personally
furnish them with copies of the com plaint, supporting affidavits and other
documents. At the said or any other setting, the respondent shall have the right to
examine all other evidence submitted by the complainant. Failure on the part of the
respondent or his counsel/representative to appear be fore the Investigating
Prosecutor to obtain copies of the complaint, 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,
supporting affidavits and other documents, as well as to examine all other evidence
submitted by the complainant. For the purposes specified in the first paragraph
hereof, the Investigating Pros ecutor shall not require the appearance before him
of the respondent or other pa rties who are residing in distant places. In such
cases, the Investigating Prose cutor shall issue and send the subpoena, together
with copies of the complaint, supporting affidavit and other documents, by
registered special delivery mail wi th return card. SEC. 16. Service of subpoena in
preliminary investigation. - To expedite the con duct of a preliminary
investigation, 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'~- personal service by regular process server s. In their
Absence, the cooperation of the Provincial City/Municipal Statio n Commanders of
the Philippine National Police (PNP) may be requested for the pu rpose. b) Under
other circumstances, 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, service of subpoena and
its attachments shall be effected by registered mail with retur n card at
respondent's known home/office address. On the face of the envelope sh all be
indicated I. the name and return address of the sender1 and the Typewritten/printed
phrase "First Notice Made on______________", thus instructing the postmaster/postal
employee of the necessity of informing the sender of the date the first notice was
made on the addressee; and ii. the typewritten/printed request: "If not claimed
within five (5) days from first notice, please return to sender."
c) Upon receipt of the unclaimed/returned envelope, the Investigating Prose cutor
may then proceed to resolve the complaint on the basis of the evidence pre sented
by the complainant. SEC. 17. where Respondent cannot he subpoenaed - If a
respondent cannot be subpo enaed, as, for instance, he transferred residence
without leaving any forwarding address, the Investigating Prosecutor shall base his
resolution on the evidence presented by the complainant. SEC. 18. Counter-
Affidavits.- In cases where the respondent is subpoenaed, he sh all within ten (10)
days from receipt of the complaint and other documents, subm it his counter-
affidavit and other supporting documents which shall be sworn to and certified as
prescribed in the second sentence of par. 1 of Section 9 this P art, copies of
which shall be furnished by the respondent to the complainant. 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. A memorandum,
manifestation or motion to dismiss signed by the counsel cannot take the place of a
counter-affidavit. Thus, a respondent relying on the manifestati on, memorandum or
motion to dismiss of his counsel is deemed to have not controv erted complainant's
evidence. However, if such memorandum, manifestation or motion to dismiss is
verified by t he respondent himself, the same may be considered a counter-
affidavit. SEC. 19. Motion for dismissal of bill of particulars.-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. All the grounds
for the dismissal of the complaint, as well as objections to the sufficiency
thereof, 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. 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, among others: a) the circumstances specified in
sub-paragraphs (a), (b)9 (c) and (d) and (e) of Section 14 of this Part; b) the
fact that the complaint, or one similar thereto or identical therewi th, has
previously been filed with the Office and has been fully adjudicated upo n on the
merits after due preliminary investigation proceedings; or c) the extinction of
respondentts criminal liability by reason of death, pa rdon, amnesty, repeal of the
law under which prosecution is sought, or other leg al causes. SEC. 20.
Consolidation.- The following cases shall, as far as practicable, be co nsolidated
for preliminary investigation purposes and assigned to and jointly he ard by one
Investigating Officer: a) charges and counter-charges; b) cases arising from one
and the same incident or transaction or series of incident or transactions; and c)
cases involving common parties and founded on factual and/or legal issue s of the
same or similar character. SEC. 21. Extension of time. - No motion or request for
extension of time to subm
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; b) examine or verify the
existence, authenticity or accuracy of voluminous records, files, accounts or other
papers or documents presented or submitted in support of the complaint; or c)
undertake studies or research on novel, complicated or technical questions or
issues of law and of facts attendant to the case under investigati on. Extensions
of time to submit a counter-affidavit for any of the reasons stated a bove shall
not exceed ten (10) days. Additional extensions may be authorized by the
Provincial/City Prosecutor concerned. SEC. 22. Suspension of proceedings.- Upon
motion of a party, or when raised in a counter-affidavit, the Investigating
Prosecutor may suspend the preliminary inv estigation proceedings if the existence
of a prejudicial question is satisfactor ily established. The existence of a
prejudicial question shall, however, not be a ground for the dismissal of the
complaint. SEC. 23. Concept of prejudicial question.- 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. 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. To suspend the criminal
act ion, 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, the guilt or innocenc e
of the accused would necessarily be determined. SEC. 24. Elements of prejudicial
question. - 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; b) the resolution of such issue determines whether or not the
criminal acti on may proceed ; and c) the cognizance of the said issue pertains to
another tribunal. SEC. 25. Issuance of orders of suspension of proceedings.- 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. SEC. 26. Reply-affidavits and rejoinders.- The
Investigating Prosecutor shall no t require or allow the filing or submission of
reply-affidavits and/or rejoinder s, 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, clarified or explained to enable the
Investigating Prosecutor to arrive at a fair and judicious resolution of the case.
In such a case, 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.
SEC. 27. Clanficatory questions. - 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. In
said hearing, the parties shall be afforded the opportunity to be present but
without the right to examine or cross-examine. If they so desire, they may subm it
written questions to the Investigating Prosecutor who may propound such quest ions
to the parties or witnesses concerned. 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. 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, at their option, cite specific po rtions of the oral testimony by reference to
the transcript of stenographic note s. Said notes shall only be transcribed in
cases of appeal and shall be obtained at the expense of the interested party. 28.
Submission of case for resolution. - The Investigating Prosecutor shall case
submitted for resolution: a) when the respondent cannot be subpoenaed or, if
subpoenaed, does not s ubmit his counter-affidavit within the reglementary period.
In such a case, the Investigating Prosecutor shall base his resolution on the
evidence presented by the complainant; or b) upon submission by the parties of
their respective affidavits and suppor ting proof or documents, in which event, he
shall, upon the evidence thus adduce d, determine whether or not there is
sufficient ground to hold the respondent fo r trial SEC. 29. Lack of probable
cause.- If the Investigating Prosecutor does not find sufficient basis for the
prosecution of the respondent, he shall prepare the res olution recommending the
dismissal of the complaint. SEC. 30. Finding of probable cause. - If the
Investigating Prosecutor finds that probable cause exists, he shall prepare the
resolution and the corresponding in formation or complaint in the appropriate
cases. Where the respondent is a public officer or employee or a member of the
Philippi ne National Police (PNP), 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, if so committed, such fact should be alleged in the
information to be filed with the Sandiganbayan through the Ombudsman SEC. 31.
Reopening of investigation.- 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 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, Provided, That in the latter case, it shall be su bject to
the following conditions: a) the motion is verified and a copy thereof furnished
the opposing party; b) the motion is accompanied with the new and/or additional
evidence; 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. SEC. 32.
Cases Transmitted by the Municipal Trial Judge. - Upon receipt of the r
ecords of the case from the Municipal Trial Court or Municipal Circuit Trial Cou rt
which conducted the Preliminary Investigation, the Prosecution Office shall r eview
the case based on the existing records, without requesting the parties to submit
memorandum of authorities, and may affirm, modify or reverse the finding of the
Municipal Trial Court judge. However, if the interest of justice so requ ires, the
prosecutor may conduct a full blown reinvestigation giving the parties the
opportunity to submit additional evidence, and thereafter, resolve the case on the
basis of the totality of the evidence thus adduced. SEC. 33. Memoranda. - 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. In any event, the filing of m emoranda by the parties
shall be done simultaneously and the period therefore sh all not exceed ten (10)
days, unless a longer period is authorized by the Provin cial/City Prosecutor
concerned. SEC. 34. Period for resolving a case. - The Investigating Prosecutor
shall resol ve the case within ten (10) days from the time the case is deemed
submitted for resolution, unless otherwise provided herein or a longer period is
authorized b y the Provincial/City Prosecutor concerned. SEC. 35. Form of
resolution and number of copies.- The resolution shall be writt en in the official
language, personally and directly prepared and signed by the Investigating
Prosecutor. It shall be prepared in as many copies as there are pa rties, plus
three (3) additional copies. SEC. 36. Contents of the resolution. - A resolution
shall contain a caption and a body. SEC. 37. Caption of resolution. - The caption
of the resolution shall indicate t he: a) names of all the complainants and all of
the respondents; b) Case Number, otherwise known as the Investigation Slip Number
or 1.8. No .; c) the offense charged; d) the date of the filing of the complaint
with the office; e) the date of the assignment of the case to or receipt of the
case record by the Investigating Officer; and f) the date the case was submitted
for resolution. SEC. 38. Names of parties. - The complete names of all the
complainants and resp ondents in the case shall be set out in the caption of the
resolution. It is not proper to use the phrase "et. al." to refer to other
complainants and responden ts. The name of the victim or injured party, not their
representative, shall appear in the caption. In cases referred to the prosecution
by the police where there i s no identified victim, as in prohibited drugs cases,
the complainant shall be t he police station involved, followed by the name and
designation of the police o fficer representing the police station. In homicide or
murder cases, the name of the victim or of the complainant shall be in the caption.
The heirs or relative s of the slain victim shall be indicated as "Legal heirs of
deceased (name or pe rson killed)", represented by "(either the surviving spouse,
father or mother)". In the case of a corporation or judicial entity, its corporate
name or identity shall be indicated and written as follows. " 'X' Corporation,
represented by its (position title), (name of corporate officer)". SEC. 39. Case
number. - The number of a case shall indicate the year and month; it was filed and
its entry number in the log book of the office, e.g. 97 (year)A(month)-024(entry
number).
SEC. 40. Designation of offense charged. - For offenses that are punishable unde r
the Revised Penal Code, the caption shall set forth the denomination of the of
fense and the specific article and paragraph of the statute violated. 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, the caption shall also contain said informa tion. SEC. 41.
Contents of body of resolution. - In general, the body of resolution sh ould
contain: a) b) c) a brief summary of the facts of the case; a concise statement of
the issues involved; and the findings and recommendations of the Investigating
Prosecutor.

All material details that should be found in the information prepared by the Inv
estigating Prosecutor shall be stated in the resolution. SEC. 42. Parts of a
resolution. - As a rule, the body of a resolution is made up of four parts, 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, the affidavit of wi
tnesses and documentary and physical evidence. 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. As for the documentary eviden ce,
they shall be alphabetically marked as they would be marked during the pre-t rial
and trial stages of the case. b) Part 2 shall contain the version of complainant of
the incident. 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. c) Part 3 shall allege the respondent1s version of the incident. This
must also be concise. d) Part 4 shall contain the discussion, analysis and
evaluation by the pros ecutor of the evidence presented by the complainant and the
respondent, without relying on the weakness of the defense of the respondent. It
shall also contain the conclusion of the prosecutor. 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. Citations of pe rtinent laws and jurisprudence should support the
conclusions reached. Where num erical values are important, the number shall be
written in words and figures. SEC. 43. How recommended hail is written. - The bail
recommended in the resoluti on shall be written in words and figures. SEC. 44.
Recommended bail. - The bail recommended in the resolution shall be sta ted in the
information, written in words and figures, and initialed by the inves tigating
prosecutor. SEC. 45. Parties to be furnished with a copy of the resolution. - 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:" . If the parties are represented by counsel and the latter's
appearance is entered formally in the record, the counsel, not the party, shall be
given a copy of t he resolution.
SEC. 46. Signature and initials of investigating prosecutor. - The investigating
prosecutor shall sign the resolution and if the resolution consists of two or m ore
pages, the prosecutor shall initial all of said pages, excluding the signatu re
page. SEC. 47. Records of the case. - The investigating fiscal shall forward his
resol ution, together with the complete records of the case, to the Provincial or
City Prosecutor or Chief State Prosecutor concerned within five (5) days from the
da te of his resolution. SEC. 48. Action of the Provincial or City Prosecutor or
Chief State Prosecutor o n resolution. - 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.' 'immediately
after approv ing or disapproving the resolution, the Provincial or City Prosecutor
or Chief S tate Prosecutor concerned shall transmit a copy of the resolution to the
parties . SEC. 49. Reversal by the Provincial or City Prosecutor or Chief State
Prosecutor of resolution of investigating prosecutor. - If the Provincial or City
Prosecut or or Chief State Prosecutor reverses the recommendation in the resolution
of th e investigating prosecutor, the former may, by himself, file the
corresponding i nformation or direct any other assistant prosecutor or state
prosecutor, as the case may be, to do so without need of conducting another
preliminary investigati on. SEC. 50. Approval of pleading by head ed by the trial
prosecutor, including rt without the prior written approval ief State Prosecutor,
as the case may of prosecution office. - A pleading prepar exparte motions, shall
not be filed in cou by the Provincial or City Prosecutor or Ch be, of said
pleading.

SEC. 51. Motion for reinvestigation, where filed. - Before the arraignment of th e
accused, a motion for reinvestigation of the case may be filed with the City/P
rovincial Prosecutor, Provided, That when the case has been appealed to the Regi
onal State Prosecutor or the Department of Justice, such motion may be filed, re
spectively, with the said offices. After arraignment, said motion may only be fi
led with the judge hearing the case. SEC. 52. Confidentiality of resolutions. - All
resolutions prepared by an Invest igating Prosecutor after preliminary
investigation, whether his recommendation b e for the filing or dismissal of the
case, shall be held in strict confidence an d shall not be made known to the
parties, 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. Violation of
the foregoing shall subject the Investigating Prosecutor or the emp loyee of the
office concerned to severe disciplinary action. SEC. 53. Information/Complaint.-
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, as the case may b e. It shall state and contain,
in addition to the requirements of the Rules of C ourt on the sufficiency of the
allegations in an information or complaint, the f ollowing: a) the full name and
aliases, if any, and address of the accused;
b) the age and date of birth of the complainant or the accused, if eighteen (18)
years of age or below; c) the full names and addresses of the parents, custodian or
guardian of th e minor complainant or accused, as the case may be; d) the place
where the accused is actually detained; e) the full names and addresses of the
complainant and witnesses; f) a detailed description of the recovered items, if
any; g) the full name and address of the evidence custodian; and h) the bail
recommended, if the charge is bailable. The Investigating Prosecutor shall certify
under oath that he or, as shown by th e record, an authorized officer, 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; 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; and that he is filing th e complaint or information with the prior
authority and approval of the Provinci al/City Prosecutor concerned. SEC. 54.
Documents to be attached to information/complaint. - An information/com plaint that
is filed in court shall, as far as practicable, be accompanied by a copy of the
resolution of the Investigating Prosecutor, the complainant's affida vit, the sworn
statements of the prosecution's witnesses, 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. SEC. 55. Promulgation of resolution.- 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; b) registered mail with return card
to the complainant, and by ordinary mai l to the respondent, if the resolution is
for the dismissal of the complaint; or c) registered mail with return card to the
respondent, and by ordinary mail to the complainant, if the resolution is for the
indictment of the respondent. SEC. 56. Motion for reconsideration. - A motion for
reconsideration may be filed within ten (10) days from receipt of the resolution.
The motion shall be verifi ed, addressed to the Provincial/City Prosecutor or the
Chief State Prosecutor, 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. A motion for reconsideration is still part of due
process in the preliminary inv estigation. 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. The court
therefore may not procee d with the arraignment and trial pending resolution of the
motion for reconsider ation. SEC. 57. Inhibition. - 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, legatee, creditor or othe rwise; or b) he is
related to either affinity or to counsel c) he has been named counsel. party within
the 6th degree of consanguinity or within the 4th degree; or executor,
administrator, guardian, trustee or
A motion to disqualify or inhibit the Investigating Prosecutor may be filed with
the City/Provincial or Chief State Prosecutor concerned for just or valid reaso ns
other than those mentioned above. SEC. 58. Period to resolve cases under
preliminary investigation. - 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) 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. c) In cases of complaints
involving crimes cognizable by the Metropolitan T rial Courts, Municipal Trial
Courts and Municipal Circuit Trial Courts, the prel iminary investigation - should
the same be warranted by the circumstances - shal l be terminated and resolved
within sixty(60) days from the date of assignment to the Investigating Prosecutor.
In all instances, 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. PART IV. PETITION FOR
REVIEW SECTION 1. Subject of petition for review.- 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. A petition from the
resolution of a Provincial/City Prosecutor where the penalty prescribed for the
offense charged does not exceed prision correccional, regard less of the imposable
fine, shall be made to the Regional State Prosecutor who s hall resolve the
petitions with finality. Such petitions shall also be governed by these rules. The
provision of the preceding paragraph on the finality of the resolution of th e
Regional State Prosecutor notwithstanding, the Secretary of Justice may, in th e
interest of justice and pursuant to his residual authority of supervision and
control over the prosecutors of the Department of Justice, order the automatic r
eview by his office of the resolution of the Regional State Prosecutors in the c
ases appealed to the latter. SEC. 2. Period to file petition.- The petition must be
filed within a period of fifteen (15) days from receipt of the questioned
resolution by the party or his counsel. 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. SEC. 3. Form and
contents. - The petition shall be verified by the petitioner an d shall contain the
following: a) date of receipt of the questioned resolution; date of filing of the
mot )n for reconsideration; if any; and date of receipt of the resolution on the
mot ion for reconsideration; b) names and addresses of the parties;
c) the Investigation Slip Number or I.S. No. and/or criminal case number an d the
title of the case; d) the venue of the preliminary investigation; e) a clear and
concise statement of the facts, the assignment of errors, an d the legal basis of
the petition; f) in case of a finding of probable cause, that petitioner has filed
in cou rt a motion to defer further proceedings; 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. The petitioner shall append to his petition copies of the
material and pertinent affidavits/sworn statements (including their translations,
if any, duly certifi ed by the city/provincial prosecutor) and evidence submitted
in the preliminary investigation by both parties and the questioned resolution. 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.
If the accused is arraigned during the pendency of the petition, the pr osecutor
concerned shall likewise immediately inform the Department or the Regio nal Stat&
Prosecutor of such arraignment. SEC. 4. Cases not subject to review; exceptions.-
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.
Either complainant/offended party or respondent/ accused may file a petition.
Notwithstanding the showing of manifest error or gr ave abuse of discretion no
petition shall be entertained where the accused had already been arraigned. Once
arraigned, the petition shall be dismissed motu pro prio by the Secretary of
Justice. SEC. 5. Answer.- Within a non-extendible period of fifteen (15) days from
receip t of a copy of the petition, 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. If no answer is filed, the case shall
be re solved on the basis of the petition. SEC. 6. Withdrawal of petition.- The
petition may be withdrawn at any time befor e it is finally resolved, in which case
the questioned resolution shall stand. SEC. 7. Motion for reinvestigation.- At any
time after the filing of the petitio n and before its resolution, the petitioner
may, with leave of court, file a mot ion for reinvestigation on the ground that new
and material evidence has been di scovered which petitioner could not, with
reasonable diligence, have discovered during the preliminary investigation and
which if produced and admitted would pr obably change the resolution. The
Department or the Regional State Prosecutor, a s the case may be, shall then issue
a resolution directing the reinvestigation o f the case, if still legally feasible.
When reinvestigation is granted, it shal l take place in the Office of the
Prosecutor from which the petition was taken. SEC. 8. Disposition of petition.- The
Secretary of Justice or the Regional State Prosecutor may reverse, affirm or modify
the questioned resolution. They may, m otu proprio or on motion of the petitioner,
dismiss outright the petition on any of the following grounds: 9 a) that b) that c)
that ied with; d) that the offense has prescribed; there is no showing of any
reversible error; the procedure or requirements herein prescribed have not been
compl the questioned resolution is interlocutory in nature, except when i
t suspends the proceedings based on the alleged existence of a prejudicial quest
ion; or e) that other legal or factual grounds exist to warrant a dismissal. SEC.
9. Motion for Reconsideration.- 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, furnishing the adverse party or his counsel and he
prosecutor with copies thereof. No second motion for reconsideration shall e
entertained. r t t b

SEC. 10. Effect of filing of petition. - A petition for review, motion for recon
sideration/reinvestigation from a resolution finding probable cause shall not ho ld
the filing of the information in court. Pending resolution of the Petition for
review, the accused is entitled to a susp ension of the proceedings, to the holding
in abeyance of the issuance of warrant of arrest, and deferment of the arraignment.

PART V. BAIL 9 SECTION 1. Bail defined. - Bail is the security given for the
release of a perso n in custody of the law, furnished by him or a bondsman,
conditioned upon his ap pearance before any court as required under the conditions
hereinafter specified . Bail may be given in the form of corporate surety, property
bond, cash deposit , or recognizance. SEC. 2. Nature of right to bad.- The right to
bail is guaranteed by the Constitu tion. It is the duty of the prosecutor to
recommend such amount of bail to the c ourts of justice as, in his opinion, would
ensure the appearance of an accused p erson when so required by the court. SEC. 3.
Non-bailable offense. - No person charged with a capital offense, or an offense
punishable by reclusion perpetua or life imprisonment, when evidence of guilt is
strong, shall be admitted to bail regardless of the stage of the crimin al
prosecution. SEC. 4 Criteria in recommending amount of bail. - In recommending the
amount of bail to be granted by the court, the prosecutor shall take into
consideration t he following standards and criteria: a) financial ability of the
respondent/accused to post bail; b) nature and circumstances of the offense; c)
penalty for the offense charged; d) age, state of health, character and reputation
of the respondent /accused under detention; e) weight of the evidence against the
respondent/accused under dete ntion; f) forfeiture of other bonds and pendency of
other cases wherein th e respondent/accused under detention is under bond; g) the
fact that respondent/accused under detention was a fugitive from justice when
apprehended; and h) other factors affecting the probability of the accused
appearing at the trial. SEC. 5. Burden of proof in bail application. - 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, reclusion perpetual
or life imprisonment, the prosecution has the burden of showing that evidence of
guilt is strong. The evid
ence presented during the bail hearings shall be considered automatically reprod
uced at the trial, but upon motion of either party, the court may recall any wit
ness for additional examination unless the witness is dead, outside of the Phili
ppines or otherwise unable to testify. SEC. 6. Recognizance. - Whenever allowed
pursuant to law or these Rules, the cou rt may release a person in custody on his
own recognizance or that of a responsi ble person. SEC. 7. Bail, when not required;
reduced bail or recognizance. - No bail shall b e required when the law or the
Rules issued by the Supreme Court so provide . 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, he s hall be released immediately
without prejudice to the continuation of the trial thereof or the proceedings on
appeal. In case the maximum penalty to which the a ccused may be sentenced is
destierro, he shall be released after thirty (30) day s of preventive imprisonment.
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, shall be released on a reduc ed
bail or on his own recognizance, at the discretion of the court. SEC. 8. Notice of
application for hail to prosecutor. - In an application for ba il, the court shall
give reasonable notice of the hearing to the prosecutor or r equire him to submit
his recommendation. SEC. 9. Cancellation of hail bond. - Upon application filed
with the court and a fter due notice to the prosecutor, the bail bond may be
canceled upon surrender of the accused or proof of his death. 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. In all instances, the
cancellation shall be without prejudice to any liability o n the bond. SEC. 10.
Arrest of accused out on hail. - For the purpose of surrendering the ac cused, the
bondsmen may arrest him, 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. 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. SEC.
11. No had after final judgment, exception. - An accused shall not be allow ed bail
after the judgment has become final, unless he has applied for probation before
commencing to serve sentence, the penalty and the offense being within th e purview
of the Probation Law. In case the accused has applied for probation, h e may be
allowed temporary liberty under his bail bond, but if no bail was filed or the
accused is incapable of filing one, the court may allow his release on r
ecognizance under the custody of a responsible member of the community. In no ca se
shall bail be allowed after the accused has commenced to serve sentence. SEC. 12.
Rules in computing the bail to be recommended. - To achieve uniformity in the
amount of bail to be recommended, the following rules shall be observed:
a) Where the penalty is reclusion perpetua, life imprisonment, reclusion pe rpetua
to death or death, bail is not a matter of right; hence, it shall not be
recommended. b) Where bail is a matter of right and the imposable penalty is
imprisonmen t and/or fine, the bail shall be computed on the basis of the penalty
of impriso nment applying the following rules: 1. where the penalty is reclusion
temporal (regardless of period) to reclus ion perpetua, bail shall be computed
based on the maximum of reclusion temporal. ii. where the imposable penalty is
correccional or afflictive, bait shall be based on the maximum of the penalty,
multiplied by P2,000.00. A fraction of a y ear shall be rounded-off to one year.
iii. for crimes covered by the Rules on Summary Procedure and Republic Act No .
6036, bail is not required except when respondent/accused is under arrest, in which
case, bail shall be computed in accordance with this guideline. iv for crimes of
reckless imprudence resulting in homicide arising from vio lation of the Land
Transportation and Traffic Code, bail shall be P30,000.00 per deceased person. v.
for violation of Batas Pambansa Blg. 22, bail shall be 50% of the amount of check
but should not be less than P2,000.O0nor more than P30,000.00. Where the imposable
penalty is only a fine, bail shall be computed as follows: 9 1. fine not exceeding
P2,000.00,bail is not required. ii. fine of more than P2,000.00,bail shall be 50%
of the fine but should not exceed P30,000.00. iii. in case of reckless imprudence
resulting to damage to property, bail sha ll be three-eighths (3/8) of the value of
the damage but not exceeding P30,OOO.O O except when covered by the Rules on
Summary Procedure. d) Bail based on the maximum penalty, multiplied by
P1O,OOO.OO,shall be app lied to the following offenses under the following laws: I.
Republic Act No.6425 (Dangerous Drugs Act), as amended by RA 7659; ii. Republic Act
No.6539 (Anti-Carnapping Act), as amended by RA 7659; iii. Republic Act No.7659
(for other crimes covered by it); iv. Presidential Decree No. 186 (Illegal
Possession of Firearms, Ammunition or Explosives), as amended by RA 8294; v.
Republic Act No. 1937 (Tariff and Customs Code), as amended; or vi. Rebellion,
insurrection or Coup d'etat as amended by Republic Act No.696 8. SEC. 13. Petition
for bail in a continuous trial. - In case a petition for bail is filed by the
accused and the court orders a continuous trial of the case, the public prosecutor
shall be prepared with his principal witnesses. Where there a re several accused
and one or two filed a petition to bail, the trial prosecutor shall, before the
presentation of his first witness, 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.

PART VI. ARREST SECTION 1. Definition of probable cause as a ground for an arrest
or issuance of
a warrant of arrest. - 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. SEC. 2. Remedy if no warrant of
arrest is issued by the investigating judge. -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, 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. 3. Request for a copy of the return. - If a
warrant of arrest has been issu ed, the prosecutor may request the warrant officer
that he be furnished with the officer's return relative thereto. The prosecutor
shall, as far as practicable, coordinate with the witnesses from time to time to
ascertain the whereabouts of the accused pending the latter's arrest. PART VII.
ARRMGNMENT AND PLEA SECTION 1. Concept of arraignment. - Arraignment is a mandatory
requirement tha t seeks to give the accused the opportunity, at the first instance,
to know why the prosecuting arm of government has been mobilized against him and to
plead. A t the arraignment, the accused may enter a plea of guilty or not guilty.
SEC. 2. Duties of trial prosecutor. a) Before the arraignment of the accused, 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. b) After
arraignment, the trial prosecutor shall prepare his witnesses for trial. Government
witnesses, e.g. medico-legal officer, chemist, forensic expert s, examiners etc.
should, as much as practicable, be presented in accordance wit h the logical a~d
chronological sequence of the technical aspects to be proved. SEC. 3. Effect of
filing a petition for review. - 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, the Trial
Prosecutor may conform thereto once proof of said petition has b een presented by
the petitioner to his satisfaction. SEC. 4. Concept of plea. - The plea is the
reply of the accused to the charge. I t raises the issue to be tried and on which
the judgment/sentence of the court c an be properly based. PART VIII. PRE-TRIAL
SECTION 1. CoflcQpt ofpre-trial. - A pre-trial is a process whereby the accused and
the prosecutors in a criminal case work out, usually at the arraignment stag e, a
naturally satisfactory disposition of a case subject to court approval in o rder to
expedite the trial of the case. The prosecutor shall enter into a pre-trial only
when the accused and counsel ag ree and upon order of the court. SEC. 2. Duties of
prosecutor before and after the pre-trial conference. -Before the pre-trial
conference, the prosecutor should know every fact and detail of th e case. This can
be accomplished by interviewing the complainant and other witn
esses and after a thorough examination of the available documentary and other ph
ysical evidence. The prosecutor should place importance ';;n the testimony of th e
expert witness. 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; the scientific or technical terms applied, and the reason/s in arriv ing at
a certain conclusion. During the pre-trial process, 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.
After the pre-trial conference, 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. SEC. 3. Subject matters ofpre-tn.al. - The pre-trial conference shall
consider t he following: a) Plea bargaining - 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 ; b) Stipulation of facts- This is the agreement of the parties
on some facts admitted, some facts covered by judicial notice (Sec. 1, Rule 129),
judicial ad missions (Sec. 2 Rule 129), or on matters not otherwise disputed by
them. In cas es requiring the presentation of government witnesses or evidence, 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, e.g., medical or
death c enificare, necropsy report, forensic chemistry report, ballistics report,
Philip pineOverseas and Employment Administration (POEA) Certification, and the
like, i f such evidence has no relevance whatsoever to the theory of the defense,
in ord er to d~spense with the presentation and testimony in court of government
witnes ses. Whenever appropriate or necessary, 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; c) Marking of documentary evidence in
advance for identification; d) Waiver in advance of objections to admissibility of
evidence; 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"; and f) Such other matters as will promote a fair and expeditious trial.
SEC. 4. Plea of guilty to a lesser offense. - 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. This will
enable the Trial Prosecutor to evaluate the impli cations of the offer. b) If the
lesser offense to which the accused will plead guilty is not a ca pital offense,
the Trial Prosecutor may dispense with the presentation of eviden ce unless the
court directs otherwise. c) The Trial Prosecutor, with the consent of the offended
party, 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,OOO.OO. 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,OOO.OO, the Trial Prosecutor shall first
submit his comment/recommendation to the City or Provincial Prosecutor or to the
Chief State Prosecutor, as the case may be, for approval. If the recommendation is
approved in writing, the Trial Prosec
utor, may, with the consent of the offended party, agree to a plea of guilty to a
lesser offense. For this purpose, 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. 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. e) In all cases, 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, notwithstanding the
presence of mitigating circumstances. 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.
However, the plea of guilty to a lesser offense may not be allowed where it so
contravenes lo~ nd common sense as to be unconscionable, thereby resulting in us,
where the offense charged is homicide, a plea of guilty to a lesser offense of
frustrated or attempted homicide, may not be allowed, since the fact of death
cannot be reconciled with the plea of guilty to frustrated or attempted homicid e.
Homicide necessarily produces death, while frustrated or attempted homicide d oes
not. SEC. 5. when accused pleads guilty to a capital offense. - If the accused
pleads guilty to a capital offense, the Trial Prosecutor must present evidence to
prov e the guilt of the accused and the precise degree of his culpability. This is
ma ndatory. PART IX. TRIAL' SECTION 1. Definition of trial. - 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.2 SEC. 2. Concept of trial. - The
object of a trial is to mete out justice, and to convict the guilty and protect the
innocent. Thus, 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 SEC. 3. Expeditious prosecution of criminal cases filed with the courts.
-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.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. SEC. 4. Order of presentation of witnesses. a)
The order in the presentation of witnesses will be left to the discretio n of the
Trial Prosecutor. However, the prosecutor should take into consideratio n the order
of events as established by the evidence of the prosecution. 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,
excitement and tension. SEC. 5. Preparation of formal offer of exhibits. - 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, identifying
each by letter or n umber, describing it briefly, and stating its specific purpose
or purposes.
SEC. 6. Defense evidence. a) Before reception of evidence for the defense starts,
the Trial Prosecuto r shall ask from the adverse counsel the number of witnesses he
intends to prese nt. b) If the names of defense witnesses are disclosed the Trial
Prosec utor shall elicit from reliable sources the whereabouts of these witnesses,
thei r moral character,, background, reasons for testifying and relationship with
the accused, among other things, to enable him to have a clear view of the defense
of the accused. SEC. 7. Discharge of accused to he state witness. - When two or
more persons are jointly charged with the commission of any offense, upon motion of
the prosecut ion before resting its case, 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, after hearing, is satisfied that: a) There is absolute
necessity for the testimony of the accused whose disch arge is requested.5 b) There
is no other direct evidence available for the proper prosecution o f the offense
committed, except the testimony of said accused,6 as when he alone has knowledge of
the crime, and not when his testimony would simply corroborate or otherwise
strengthen the evidence in the hands of the prosecution;7 c) The testimony of said
accused can be substantially corroborated in its m aterial points. This is an
indispensable requirement because it is a notorious f act in human nature that a
culprit, confessing to a crime, is likely to put the blame on others rather than
himself. Thus, even though a court may get the stat ement of a discharged accused
that other particular persons were engaged in the crime, it is unsafe to accept
without corroborating evidence, his statements con cerning the relative blame to be
attached to different members of his gang;~ d) Said accused does not appear to be
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". And even if the witness should
lack some of the qualifications enum erated by Sec. 9, Rule 119, his testimony will
not, for that reason alone, be discarded or disregarded.10 The ground underlying
the rule is not to let a cri me that has been committed go unpunished; so an
accused who is not the most guil ty is allowed to testify against the most guilty,
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.'' However, although an accused did not commit anv
of the stabbing, it is a mistake to discharge him as a state \witness where he is
bound in a conspi racy. All the perpetrators of the offense bound in conspiracy are
equally guilty . e) Said accused has not at anv time been convicted of any offense
involving moral turpitude. Evidence adduced in support of the discharge sha11
automatically form part of th e trial. If the court denies the motion for discharge
of the accused as state wi tness, his sworn statement shall be inadmissible in
evidence. SEC. 8. Witness protection. - An accused who is discharged from an
information or criminal complaint in order that he may be a state witness as
provided in the preceding section may, upon his petition, be admitted to the
Witness Protection Program under R.A. No.6981, "The Witness Protection, Security
and Benefit Act" if he complies with the other requirements of said Act. SEC. 9.
Other persons who may avail of the Witness Protection Program. -The foll
owing may also avail of the Witness Protection Program under R.A. No. 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, or before any investigating authority, Provided,
that: 1. 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; ii. his
testimony can be substantially corroborated on its material points; iii. 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, forced, intimidated, harassed or corrup ted to prevent him from
testifying, or to testify falsely or evasively, because or on account of his
testimony; and iv. he is not a law enforcement officer, even if he would be
testifying agai nst other law enforcement officers. In such a case, only the
immediate members of his family may avail themselves of the protection provided for
under the Act. b) Any person who has participated in the commission of a crime and
desires to be a witness for the State, whenever the following circumstances are
present : i. . 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; ii.
there is absolute necessity for his testimony; iii. there is no other direct
evidence available for the proper prosecution o f the offense committed; iv V. vi
tude. his testimony can be substantially corroborated on its material points; he
does not appear to be the most guilty; and he has not at any time been convicted of
any crime involving moral turpi

SEC. 10. Motions for postponement of accused. - 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, leaving to the court's disc retion
the disposition of the subject motions.'3 SEC. 11. Discontinuance of proceedings. -
During the presentation of the prosecu tion's evidence, 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.14 SEC. 12. Presentation of
evidence. - Each party is bound to complete the present ation of his evidence
within the trial dates assigned to him. After the lapse of said dates, the party is
deemed to have completed his evidence presentation. Ho wever, upon verified motion
based on serious reasons, the judge may allow the pa rty additional trial dates in
the afternoon; provided that said extension will n ot go beyond the three-month
limit computed from the first trial date. '5 Where a Trial Prosecutor, without good
cause, secures postponements of the trial over the objections of a defendant beyond
a reasonable period of time, 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, by habeas corpus to obtai n his freedom16. SEC. 13. Order of trial.- Upon
receipt of the notice of trial, the prosecutor sh all review the record of the case
for trial and complete his preparation therefo
re bearing in mind that trial, once commenced, may continue from day to day unti l
terminated, and that trial shall proceed in the following order pursuant to Se c.
3, Rule 119 of the Rules of Criminal Procedure: a) The prosecution shall present
evidence to prove the charge and, in the p roper case, the civil liability. b) The
accused may present evidence to prove his defense, and damages, if a ny, arising
from the issuance of any provisional remedy in the case. c) The parties may then
respectively present rebutting evidence only, unles s the court, in furtherance of
justice, permits them to present additional evide nce bearing upon the main issue.
d) Upon admission of the evidence, the case shall be deemed submitted for d ecision
unless the court directs the parties to argue orally or to submit memor anda. e)
However, when the accused admits the act or omission charged in the comp laint or
information but interposes a lawful defense, the order of trial may be modified
accordingly. SEC. 14. Presentation of witnesses.- The order in the presentation of
witnesses shall, as far as practicable, conform to he logical sequence of events
obtainin g in the case on trial in order to present a clear, organized and coherent
pictu re to the court of the prosecution's evidence. For example, in the case of
prosecution under the Dangerous Drugs Law, 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. The rule of logical sequencing notwithstanding, 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, should be made to testify as early as practicable. SEC. 15.
Examination of witnesses for the prosecution.-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, or has to leave the Philippi nes with no
definite date of returning thereto, he may forthwith be conditionall y examined
before the judge or the court where the case is pending. Such examina tion in the
presence of the accused, or after reasonable notice to attend the ex amination has
been served on him, will be conducted in the same manner as an exa mination at the
trial. Failure or refusal on the part of the accused to attend t he examination
after notice herein before provided, shall be considered a waiver . The statement
thus taken may be admitted on behalf of or against the accused. SEC. 16. Cross-
Examination of defense witnesses. 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. Where the testimony of a defense witness bears no
effect on the evidence of the prosecution, a cross-ex amination need not be
conducted. SEC. 17. Rebuttal evidence.- 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. 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.
\W here there is nothing to refute, rebuttal evidence is unnecessary.
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