VI. Procedure in First Level Courts: (b) If filed with the MTC.

— If the complaint or
A. Rule 112 – Preliminary Investigation. information is filed directly with the MTC or
Section 1. …A preliminary investigation is MCTC for an offense covered by this section, the
required to be conducted before the filing of a procedure in section 3(a) of this Rule shall be
complaint or information for an offense where the observed. If within ten (10) days after the filing of
penalty prescribed by law is at least four (4) the complaint or information, the judge finds no
years, two (2) months and one (1) day. probable cause after personally evaluating the
xxx evidence, or after personally examining in writing
and under oath the complainant and his
Section 2. Officers authorized to conduct witnesses in the form of searching question and
preliminary investigations. — answers, he shall dismiss the same. He may,
The following may conduct preliminary however, require the submission of additional
investigations: evidence, within ten (10) days from notice, to
… determine further the existence of probable
(b) Judges of the Municipal Trial Courts and cause. If the judge still finds no probable cause
Municipal Circuit Trial Courts; despite the additional evidence, he shall, within
ten (10) days from its submission or expiration of
Their authority to conduct preliminary said period, dismiss the case. When he finds
investigations shall include all crimes cognizable probable cause, he shall issue a warrant of
by the proper court in their respective territorial arrest, or a commitment order if the accused had
jurisdictions. already been arrested, and hold him for trial.
xxx However, if the judge is satisfied that there is no
necessity for placing the accused under custody,
Section 6. When warrant of arrest may issue. — he may issue summons instead of a warrant of
… arrest.
(b) By the Municipal Trial Court. — When xxx
required pursuant to the second paragraph of
section 1 of this Rule, the preliminary B. Warrant of Arrest
investigation of cases falling under the original WHEN WARRANT OF ARREST MAY ISSUE
jurisdiction of the MTC, MCTC, or MeTC may be Within ten (10) days from the filing of the
conducted by either the judge or the prosecutor. complaint or information, the judge shall
When conducted by the prosecutor, the personally evaluate the resolution of the
procedure for the issuance of a warrant or arrest prosecutor. Thereafter, he may take the following
by the judge shall be governed by paragraph (a) actions:
of this section. When the investigation is If the evidence fails to
The case shall be
conducted by the judge himself, he shall follow establish probable
dismissed.
the procedure provided in section 3 of this Rule. cause
If the findings and recommendations are affirmed A warrant of arrest
shall be issued.
by the provincial or city prosecutor, or by the
However, if the judge is
Ombudsman or his deputy, and the satisfied that there is
corresponding information is filed, he shall issue If the evidence
no necessity for
establishes probable
a warrant of arrest. However, without waiting for placing the accused
cause
the conclusion of the investigation, the judge may under custody, he may
issue a warrant of arrest if he finds after an issue summons
examination in writing and under oath of the instead of an arrest
warrant
complainant and his witnesses in the form of
If a complaint or
searching question and answers, that a probable information was
cause exists and that there is a necessity of already filed pursuant A commitment order
placing the respondent under immediate custody to a lawful warrantless shall be issued instead
in order not to frustrate the ends of justice. arrest or a previous of a warrant of arrest.
xxx valid arrest pursuant to
other legal processes
An order for the
Section 9. Cases not requiring a preliminary
If the evidence submission of
investigation nor covered by the Rule on engenders a doubt as additional evidence
Summary Procedure. — to the existence of within five (5) days
… probable cause from notice shall be
issued.

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 Once a criminal complaint or information is filed
in court, any disposition of the case or dismissal
or acquittal or conviction of the accused rests
within the exclusive jurisdiction, competence, and
discretion of the trial court. (Crespo v. Mogul,
1987)
While the judge may rely on the fiscal’s
resolution, the same is not conclusive on him as
the issuance of an arrest warrant calls for the
exercise of judicial discretion. The judge may
require the submission of affidavits of witnesses
to aid him in arriving at the proper conclusion, or
he may require the fiscal to conduct further
preliminary investigation or reinvestigation.
When a motion to withdraw an information on the
ground of lack of probable cause based on a
resolution of the Secretary of Justice is filed, the
trial court shall make an independent assessment
of the merits of such motion as it has already
acquired jurisdiction over the case. While the
Secretary’s ruling is persuasive, it is not binding
on the courts. (Lanier v. People, 2014)
The issuance of a warrant of arrest implies the
existence of a finding of probable cause by the
court.
The option to order the prosecutor to present
additional evidence is not mandatory. The court’s
first option is for it to immediately dismiss the
case if the evidence on record clearly fails to
establish probable cause. (Mendoza v. People,
2014)
The order of the court dismissing a case for lack
of probable cause is a final order since it
disposes of the case, terminates the
proceedings, and leaves the court with nothing
further to do with respect to the case. (Cajipe v.
People, 2014) As such, the proper remedy is an
appeal, and not a petition for certiorari.
WHEN WARRANT OF ARREST IS NOT
NECESSARY
1. When a complaint or information has already
been filed pursuant to a lawful warrantless
arrest (Sec. 5(c), Rule 112);
2. When the accused is charged for an offense
punishable only by fine (Sec. 5(c), Rule 112);
or
3. When the case is subject to the Rules on
Summary Procedure (Sec. 16, 1991 Rules on
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Summary Procedure) unless he fails to appear
whenever required. (Uy v. Javellana, 2012)
REQUISITES OF A VALID WARRANT OF
ARREST
1. The warrant shall be issued only upon
finding of probable cause to be determined
personally by the judge; and
2. The determination must be made after
examination under oath or affirmation of the
complainant and the witnesses he may
produce. (Sec. 2, Art. III, 1987 Constitution)
PROBABLE CAUSE FOR THE ISSUANCE OF A
WARRANT OF ARREST
Probable cause for the issuance of a warrant of
arrest is defined as “such facts and
circumstances which would lead a reasonably
discreet and prudent man to believe that an
offense has been committed by the person
sought to be arrested.” (Ocampo v. Abando,
2014)
Neither absolute certainty nor clear and
convincing evidence of guilt is required. As long
as the evidence shows a prima facie case
against the accused, the trial court has sufficient
ground to issue a warrant for his arrest. (People
v. Tan, 2009)
Personal examination by the judge of the
complainant and his witnesses under oath is not
mandatorily required. Instead the judge may opt
to personally evaluate the report and supporting
documents submitted by the prosecutor or he
may disregard the prosecutor’s report and require
the submission of supporting affidavits of
witnesses. (Soliven v. Makasiar, 1988)
Where a preliminary investigation has previously
been conducted, the court does not have the duty
to personally examine the complainant and his
witnesses in writing and under oath and in the
form of searching questions and answers. This
type of examination is done only in a case where
there is a direct filing of the complaint or
information with the MTC since no previous
preliminary investigation has been conducted.
C. Summary Procedure
Applicability
In Criminal Cases
(1) Violations of traffic laws, rules and
regulations; chanrobles virtual law library
(2) Violations of the rental law;
 (3) Violations of municipal or city ordinances;
(4) All other criminal cases where the penalty
prescribed by law for the offense charged is
imprisonment not exceeding six months, or a fine
not exceeding (P1,000.00), or both, irrespective of
other imposable penalties, accessory or otherwise,
or of the civil liability arising therefrom: Provided,
however, that in offenses involving damage to
property through criminal negligence, this Rule shall
govern where the imposable fine does not exceed
ten thousand pesos (P10,000.00).
Procedure In Criminal Cases
Sec. 11. How commenced. — The filing of criminal
cases falling within the scope of this Rule shall be either
by complaint or by information: Provided, however, that
in Metropolitan Manila and in Chartered Cities. such
cases shall be commenced only by information, except
when the offense cannot be prosecuted de oficio.
The complaint or information shall be accompanied by
the affidavits of the compliant and of his witnesses in
such number of copies as there are accused plus two
(2) copies for the court's files.If this requirement is not
complied with within five (5) days from date of filing, the
care may be dismissed.chanrobles virtual law library
xxx
Sec. 12. Duty of court. —
(a) If commenced by compliant. — On the basis of the
compliant and the affidavits and other evidence
accompanying the same, the court may dismiss the
case outright for being patently without basis or merit
and order the release of the amused if in custody.
(b) If commenced by information. — When the case is
commenced by information, or is not dismissed
pursuant to the next preceding paragraph, the court
shall issue an order which, together with copies of the
affidavits and other evidence submitted by the
prosecution, shall require the accused to submit his
counter-affidavit and the affidavits of his witnesses as
well as any evidence in his behalf, serving copies
thereof on the complainant or prosecutor not later than
ten (10) days from receipt of said order. The prosecution
may file reply affidavits within ten (10) days after receipt
of the counter-affidavits of the defense.
xxx
Sec. 13. Arraignment and trial. — Should the court,
upon a consideration of the complaint or information and
the affidavits submitted by both parties, find no cause or
ground to hold the accused for trial, it shall order the
dismissal of the case; otherwise, the court shall set the
case for arraignment and trial.
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If the accused is in custody for the crime charged, he
shall be immediately arraigned and if he enters a plea of
guilty, he shall forthwith be sentenced.
xxx
Sec. 14. Preliminary conference. — Before conducting
the trial, the court shall call the parties to a preliminary
conference during which a stipulation of facts may be
entered into, or the propriety of allowing the accused to
enter a plea of guilty to a lesser offense may be
considered, or such other matters may be taken up to
clarify the issues and to ensure a speedy disposition of
the case. However, no admission by the accused shall
be used against him unless reduced to writing and
signed by the accused and his counsel. A refusal or
failure to stipulate shall not prejudice the accused.
Sec. 15. Procedure of trial. — At the trial, the affidavits
submitted by the parties shall constitute the direct
testimonies of the witnesses who executed the same.
Witnesses who testified may be subjected to cross-
examination, redirect or re-cross examination. Should
the affiant fail to testify, his affidavit shall not be
considered as competent evidence for the party
presenting the affidavit, but the adverse party may
utilize the same for any admissible purpose.
Except in rebuttal or surrebuttal, no witness shall be
allowed to testify unless his affidavit was previously
submitted to the court in accordance with Section 12
hereof.
However, should a party desire to present additional
affidavits or counter-affidavits as part of his direct
evidence, he shall so manifest during the preliminary
conference, stating the purpose thereof. If allowed by
the court, the additional affidavits of the prosecution or
the counter-affidavits of the defense shall be submitted
to the court and served on the adverse party not later
than three (3) days after the termination of the
preliminary conference. If the additional affidavits are
presented by the prosecution, the accused may file his
counter-affidavits and serve the same on the
prosecution within three (3) days from such service.
xxx
Sec. 16. Arrest of accused. — The court shall not order
the arrest of the accused except for failure to appear
whenever required. Release of the person arrested shall
either be on bail or on recognizance by a responsible
citizen acceptable to the court.
Sec. 17. Judgment. — Where a trial has been
conducted, the court shall promulgate the judgment not
later than thirty (30) days after the termination of trial.
Sec. 19. Prohibited pleadings and motions. — The
following pleadings, motions or petitions shall not be
allowed in the cases covered by this Rule:
(a) Motion to dismiss the complaint or to quash the
complaint or information except on the ground of lack
of jurisdiction over the subject matter, or failure to
comply with the preceding section;
(b) Motion for a bill of particulars;
(c) Motion for new trial, or for reconsideration of a
judgment, or for opening of trial;
(d) Petition for relief from judgment;
(e) Motion for extension of time to file pleadings,
affidavits or any other paper; chanrobles virtual law
library
(f) Memoranda;
(g) Petition for certiorari, mandamus, or prohibition
against any interlocutory order issued by the court;
(h) Motion to declare the defendant in
default; chanrobles virtual law library
(i) Dilatory motions for postponement;
(j) Reply;
(k) Third party complaints;
(l) Interventions.
a. Judicial Affidavit
JUDICIAL AFFIDAVIT RULE
Scope and Where Applicable Rule shall apply to:
(a) Actions,
(b) Proceedings, or
(c) Incidents requiring the reception of evidence
(Sec. 1, AM No. 12-8-8 SC)
Rule shall applies to all courts, other than the
Supreme Court
The rule specifies the following courts and bodies:
(1) The Metropolitan Trial Courts, the Municipal
Trial Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari' a
Circuit Courts but shall not apply to small claims
cases under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a
District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals,
the Court of Appeals, and the Shari'a Appellate
Courts;
(4) The investigating officers and bodies authorized
by the Supreme Court to receive evidence,
Remedial Law Evidence Lasallian Commission on
Bar Operations 211 including the Integrated Bar of
the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies,
whose rules of procedure are subject to disapproval
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of the Supreme Court, insofar as their existing rules
of procedure contravene the provisions of this Rule.
(Sec .1(a), Judicial Affidavit Rule)
Contents and Procedure
A judicial affidavit shall be prepared in the language
known to the witness and, if not in English or
Filipino, accompanied by a translation in English or
Filipino, and shall contain the following:
(a) The name, age, residence or business address,
and occupation of the witness;
(b) The name and address of the lawyer who
conducts or supervises the examination of the
witness and the place where the examination is
being held;
(c) A statement that the witness is answering the
questions asked of him, fully conscious that he
does so under oath, and that he may face criminal
liability for false testimony or perjury;
(d) Questions asked of the witness and his
corresponding answers, consecutively numbered,
that:
(1) Show the circumstances under which the
witness acquired the facts upon which he
testifies;
(2) Elicit from him those facts which are
relevant to the issues that the case presents;
and
(3) Identify the attached documentary and
object evidence and establish their authenticity
in accordance with the Rules of Court;
(e) The signature of the witness over his printed
name; and
(f) A jurat with the signature of the notary public
who administers the oath or an officer who is
authorized by law to administer the same. (Sec. 3,
AM No. 12-8-8 SC)
Application to Criminal Actions Rule: The Judicial
Affidavit Rule shall apply to:
(1) CRIMINAL CASES
● Where the maximum of the imposable
penalty does not exceed six years; or
● Where the accused agrees to the use of
judicial affidavits, irrespective of the penalty
involved
 (2) CIVIL CASES
● Irrespective of the penalties involved
Basis: Criminal cases are actions, which require the
reception of evidence. (Riano, supra, p. 419)
Limitations in the Applicability of the Rule This rule
shall apply to all criminal actions:
(1) Where the maximum of the imposable
penalty does not exceed six years;
(2) Where the accused agrees to the use of
judicial affidavits, irrespective of the penalty
involved; or
Non-conformity with the content requirements –
Court shall not admit the Judicial Affidavit as
evidence. (Sec. 10, AM No. 12-8-8 SC)
Effect on Other Rules Provisions which are
inconsistent with the Judicial Affidavit Rule:
✔ Repealed or modified - Rules of Court; Rules of
procedure of investigating bodies authorized by the
Supreme Court
✔ Disapproved - Rules of procedure of governing
quasi-judicial bodies (Sec. 11, AM No. 12-8-8 SC)

(3) With respect to the civil aspect of the

actions, whatever the penalties involved are.

The Judicial Affidavit Rule still applies:

(1) The accused opts its application, or

(2) With respect to the civil aspect of the

criminal action

In other cases, the use of the judicial affidavits will

now depend on the accused. The rule will apply,
irrespective of the penalty involved, where the
accused agrees to the use of the judicial affidavits.
(RIANO, supra, p. 419)

The civil aspect of the criminal action refers to the

action to recover the civil liability “arising from the
offense charged” and which is deemed instituted
with the criminal action as provided in Sec. 1 of
Rule 111 of the Rules of Court. (Riano, supra, p.
419-420)

Effect of Non-Compliance
Party’s failure to submit – deemed to waived their
submission of the required judicial affidavits and
exhibits. (Note: The Court may allow only once the
late submission of the same, provided: 1) the delay
is for a valid reason; 2) would not unduly prejudice
the opposing party; and, 3) the defaulting party
pays a fine not less than P1,000.00 nor more than
P5,000.00, at the discretion of the court.)

Witness’ failure to appear at the scheduled hearing

– Court shall not consider the affidavit.

Counsel’s failure to appear at the scheduled

hearing – if without valid cause despite notice, he
shall be deemed to have waived his client’s right to
cross examine the witnesses presented.

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