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Preliminary investigation sufficient facts to show

Information – accusation in writing charging a person with an offense that a crime has been
subscribed by the prosecutor andfiled with the court committed and that a
Complaint – a sworn written statement charging a person with ah offense, particular person
subscribed by the offended party, any peace officer, or other public officer committed it.
charged with the enforcement of the law violated Pending Presupposes the existence Does not require the
Warrant of arrest criminal case of a pending criminal existence of a criminal case.
Search warrant – an order in writing issued in the name of the People of the case that gave rise to the It may be issued prior to the
Philippines, signed by a judge and directed to a peace officer, commanding warrant. filing of the case.
him to search for personal property described therein and bring it before the Personal The judge is not The judge must, before
court. examination necessarily required to issuing the search warrant,
make a personal personally examine the
Distinction of Amendment from Substitution examination before complainant and the
Amendment issuing a warrant of witnesses he may produce
May involve either formal or Involves a substantial change from arrest. in determining the probable
substantial changes the original charge cause.
Amendment before plea has been Substitution of information must Time Arrest may be made on Warrant generally served in
entered can be effected without be with leve of court as the original any day and any time of the day unless there’s a
leave of court information has to be dismissed the day or night. direction in the warrant that
Where the amendment is only as to Another preliminary investigation it may be served at any time
for, there is no need for another is entailed and the accused has to of the day or night.
preliminary investigation and the pleas anew to the new information
retaking of the plea of the accused

Distinction of Arrest from Search and Seizure Gross ignorance of the law – if the judge doesn’t ask searching questions;
Arrest Search and Seizure merely rehashed the contents of the affidavit
Concerned Concerned with the Concerned with the seizure
with the seizure of a person so he of personal property subject Preamble/caption in the information – mere conclusion of law. Not
seizure of… may be made to answer of the offense, stolen or controlling.
for the commission of an embezzled property, fruits
offense. It involves the of the offense, or those Cannot be held liable for an offense graver than that for which he was
taking of a person into intended to be used to indicted as it would be a denial of the right of the accused to be informed of
custody. commit an offense. the charges against him, and due process.
Probable Probable cause to arrest Probable cause to search
cause does not necessarily requires facts to show that Single act w/ multiple penalties – separate information
involve a probable cause the particular things Multiple acts w/ single penalty (compound or complex) – one information
to search and vice versa. connected with the crime
In order to determine are found within a specific Restitution, reparation, indemnification
probable cause to arrest, location. Waived, reserved, or instituted
the judge must have Moral, nominate, temperate, exemplary
Word bank
Probing
Judicial region
Chief of the Prosecution Office or Regional State Prosecutor

Preliminary investigation (Sec. 3)


1. Complaint shall state the address of the respondent…
2. w/in 10 days from filing of complaint, dismiss or subpoena.
Examine, voluminous, copy.
3. W/in 10 days from subpoena – counteraffidavit in acc. w/ (a).
bawal motion to dismiss
4. If wala counteraffidavit w/in 10 day period, then proceed in
resolving the complaint
5. May set clarificatory hearing held within 10 days from submission
of CA. CA – terminated within 5 days
6. Determine w/n there is sufficient ground to hold respondent for
trial.

Resolution
1. Prepare resolution and information, under oath that there is
reasonable ground… otherwise, dismiss.
2. Forward to provincial or city prosec or CSP or Omb. Act w.in 10
days..