Professional Documents
Culture Documents
PRELIMINARY
INVESTIGATION
Taker Answer
The term probable cause does not mean “actual and positive
cause” nor does it import absolute certainty. It based on opinion
and reasonable belief. It is enough that it is believed that the act or
commission complained of constitutes the offense charged.
Note: Before the amendments, judges of the MTC and MCTC were
allowed to conduct PI. But pursuant to amendment made by the
court on August 30, 2005 in AM 05-26-SC which took effect on
October 3, 2005, Judges of the first level courts are no longer
Ella allowed to conduct PI. The same rule applies to RTC Judges.
Q-11: What are the The complaint shall state the address of the respondent
and shall be accompanied by the affidavits of the
contents of a complainant and his witnesses, as well as other
complaint for supporting documents to establish probable cause. They
purposes of PI, How shall be in such number of copies as there are
many copies should respondents, plus two (2) copies for the official file. The
be prepared, its affidavits shall be subscribed and sworn to before any
prosecutor or government official authorized to
accompanying administer oath, or, in their absence or unavailability,
documents? Khriar before a notary public, each of who must certify that he
personally examined the affiants and that he is satisfied
that they voluntarily executed and understood their
affidavits.
Accompanying documents:
(b) Within ten (10) days after the filing of the complaint,
the investigating officer shall either dismiss it if he finds
no ground to continue with the investigation, or issue a
Q-12: After having subpoena to the respondent attaching to it a copy of the
obtained a complaint complaint and its supporting affidavits and documents.
and its accompanying
documents, what The prosecutor, official or notary public before whom the
could be the steps an affidavits were subscribed and sworn to does not perform a mere
Investigating Officer mechanical duty.
might perform? He is obligated by the Rules of Court to conduct a personal
When? examination of the affiants and corollarily, to certify that he
personally examined the affiants and that he is satisfied that they
voluntarily executed and understood their affidavits.
The hearing shall be held within ten (10) days from submission of
the counter-affidavits and other documents or from the expiration
Q-21: What is the of the period for their submission. It shall be terminated within
period to conduct PI? five (5) days.
xxxx
(2) within five days from the date of his resolution, the
investigating fiscal shall forward his resolution to the provincial,
city or chief state prosecutor, as the case may be, for review;
1. De Lima vs Reyes,
G.R. No 209330, Jan
11, 2016 Princess
2. WEBB VS. DE
LEON
GR 12134, 247
SCRA 652 (Aug 23,
1995)
3.De Ocampo vs
Secretary of Justice,
G.R. No. 147932, 25
January 2006
4.Estrada v.
Ombudsman, G.R. No.
212140-41, January
21, 2015