Professional Documents
Culture Documents
Rationale: to avoid two conflicting HOWEVER, the accused can ask for
decisions. Preliminary Investigation in the following
cases:
ELEMENTS OF A PREJUDICIAL 1. if a person is arrested, he can ask
QUESTION for preliminary investigation
1. The civil action must be BEFORE the filing of the
instituted prior to the criminal complaint/information BUT he
action. must sign a waiver in accordance
2. The civil action involves an issue with Article 125, RPC.
similar or intimately related to 2. AFTER the filing of the
the issue raised in the criminal information/complaint, the
action. accused may, within 5 days from
3. The resolution of such issue the time he learns of its filing ask
determines whether or not the for preliminary investigation.
criminal action may proceed.
PURPOSES
WHERE TO FILE PETITION FOR 1. to determine whether a crime has
SUSPENSION BY REASON OF been committed and whether
PREJUDICIAL QUESTION there is probable cause to believe
1. Office of the prosecutor; or that the accused is guilty thereof;
2. court conducting the preliminary 2. to preserve evidence and keep
investigation; or the witnesses within the control
3. court where the criminal action of the State;
has been filed for trial at any 3. to determine the amount of bail,
time before the prosecution if the offense is bailable.
rests.
PRELIMINARY INVESTIGATION:
PERSONAL STATUTORY RIGHT
RULE 112 The right to preliminary investigation is a
PRELIMINARY INVESTIGATION personal right covered by statute and may
be waived expressly or by implication.
Section 1. Preliminary Investigation
defined; when required. Absence of preliminary investigation does
not affect the jurisdiction of the
Preliminary Investigation - is an inquiry
or proceeding to determine whether
there exists sufficient ground to engender
a well-founded belief that a
Section 3. Procedure
court or invalidate the information if no
objection was raised by the accused.
Filing of the complaint
REMEDIES OF THE ACCUSED IF THERE accompanied by the affidavits
WAS NO PRELIMINARY INVESTIGATION and supporting documents.
1. Refuse to enter a plea upon
arraignment and object to
further proceedings upon such Within 10 days after the filing, the
ground investigating officer shall either
2. Insist on a preliminary dismiss or issue subpoena.
investigation
3. File a certiorari, if refused
4. Raise lack of preliminary If subpoena is issued,
investigation as error on appeal respondent shall submit a
counter-affidavit and other
5. File for prohibition
supporting documents within
10 days from receipt thereof.
As preliminary investigation is NOT a part
of the trial, the dismissal of the case by
the investigator will not constitute double
Hearing (optional). It shall be held
jeopardy and will not bar the filing of
within 10 days from submission of
another complaint for the same offense, counter-affidavits or from the
but if re-filed, the accused is entitled to expiration of the period of their
another preliminary investigation (U.S. submission.
vs. Marfori, 35 Phil. 666).