ABADAYAN, RYAN VIC

As partial fulfilment of the requirements in our subject Practicum 2, we conducted

an interview with Prosecutor Jurgenson Lagdao regarding the processes in instituting
criminal actions, preliminary investigations and the filing of information.

INSTITUTION OF CRIMINAL ACTION:

Prosecutor Lagdao said that a complaint must be in the form of a written

document. For instance, the complainant goes to the police to file a complaint, it is a duty
of the police officer to investigate and gather evidence after taking the statements of the
complainant and his witnesses.

After gathering the necessary evidence and the statements of the complainant and
his witnesses, the police shall file the documents to the Prosecutor’s Office where the case
shall be docketed. The investigating prosecutor shall be neutral in investigating the case.

CRIMINAL ACTIONS THAT REQUIRE AN INQUEST PROCEEDING:

Prosecutor Lagdao explained to us the significance of a criminal action which

requires an inquest proceeding. According to him, an inquest proceeding is necessary if
the suspect to the commission of a crime had been arrested. If the suspect was not arrested,
an inquest proceeding is not applicable.

Prosecutor Lagdao informed us that there are assigned inquest prosecutors who
shall conduct the inquest proceedings if the suspect had been arrested. The period to
conduct the inquest proceeding is included in the 12, 18, or 36 hours to deliver the suspect
to the court which is the proper judicial authority. The inquest prosecutor shall determine
if the arrest was lawful. If the arrest was invalid, the suspect should be released. Also, the
inquest prosecutor must determine if there is probable cause that the suspect indeed
committed the crime. He shall determine if the complaint is meritorious based on the
evidence. After these, the inquest prosecutor shall make his resolution based on the merits.
 Prosecutor Lagdao also discussed the provisions of Article 125 of the Revised Penal
Code. He explained that after the arrest of the suspect and after the inquest proceeding,
the prosecutor may not yet file the proper information in court provided that the suspect
waives his rights under Article 125 of the Revised Penal Code in order for the accused to
have an opportunity to file his counter-affidavit and his evidence. The suspect may request
for a preliminary investigation of the case.

IF THE SUSPECT WAS NOT ARRESTED:

Prosecutor Lagdao explained that if the suspect to the crime was not arrested, it is
a duty of the prosecutor to issue subpoena after the complaint, together with the necessary
evidence, were submitted to the Prosecutor’s Office. If the penalty imposed is
imprisonment that does not exceed four (4) years, two (2) months, and one (1) day, the
case does not mandatorily require the conduct of a preliminary investigation. In this case,
the conduct of a preliminary investigation is discretionary on the part of the prosecutor.

REFERAL TO THE LUPON:

During our discussion, Prosecutor Lagdao discussed that if the suspect to the
commission of the crime was not arrested, the police officer who conducted the initial
investigation should determine the nature of the offense. If the case is cognizable by the
Lupon, he must refer the case to the Lupon for a possible amicable settlement. If not, the
complaint may be forwarded to the Prosecutor’s Office.

SUBSTANTIVE LAWS:

A preliminary investigation is required to be conducted before the filing of a

complaint or information for an offense where the law prescribes a penalty of at least four
(4) years, two (2) months, and one (1) day without regard to the fine.

(Sec. 1, Rule 112, Rules of Court)

 A person that was lawfully arrested without a warrant may still avail of a
preliminary investigation provided that he waives his rights under the provisions of
Article 125 of the Revised Penal Code, as amended, in the presence of his counsel. This
Revised Penal Code provision imposes a penalty upon a public officer or an employee who,
although having detained a person for some legal ground, fails to deliver the person
arrested to the proper judicial authorities within the periods of twelve (12), eighteen (18)
or thirty six (36) hours as the case may be.

OBSERVATION:

During the interview, I observed that Prosecutor Lagdao has a vast knowledge in
criminal procedure. He was able to discuss to us the laws on criminal procedure in a very
entertaining and understandable manner. His discussions were interesting. We were able
to understand the proper procedures in instituting criminal actions as well as the other
procedures such as preliminary investigation and inquest proceedings.

RECOMMENDATION:

After conducting the interview, I recommend that Prosecutor Lagdao should

conduct discussions on criminal procedures for the police personnels and to the law
students. With his experience and knowledge of the laws on criminal procedures, he can
share his knowledge to the law enforcers and to the law students.