Preliminary Investigation as provided by the Rules of Court is an inquiry or proceeding to determine

whether there is sufficient ground to engender a well-founded belief that a crime has been committed
and the respondent is probably guilty thereof, and should be held for trial.

The purposes of preliminary investigation are:

1. For the investigating prosecutor to find out if a crime has been commited
2. To prevent the accused of inconvenience, expenses and burden of defending himself in a formal
trial unless his probably guilt has been ascertained first by a competent officer.
3. To secure the innocent from hasty, malicious, oppressive prosecution and to protect him from
open and public accusation of crime and anxiety for public trial.
4. To prevent the state from having useless and expensive suit.
5. To determine the amount of bail if the offense is bailable.

Preliminary Investigation is required to be conducted before the filing of a complaint or information for
an offense where the penalty is at least 4 years, 2 months and 1 day, and less than 6 years.

Jurisdiction by estoppel is when the parties submit to the court which then takes cognizance of a case
notwithstanding its lack of jurisdiction, the parties to the case who did not raise the issue of the want for
jurisdiction may no longer question the jurisdiction of said court.

A private person, without a warrant, can arrest another private person when:

1.) In his presence the person to be arrested has committed, is actually committing, or is attempting
to commit an offense.
2.) When an offense has just been committed and he has probable cause to believe based on
personal knowledge of facts or circumstances that the person to be arrested has committed it.
3.) When the person to be arrested is a prisoner who has escaped from a penal establishment or a
place where he is serving his final judgement, or where he is temporarily confined while his case
is pending, or has escaped while being transferred from one confinement to another.

An Amendment is a formal or substantial change in the information while Substitution is merely a

replacement of an information if the same is defective.

An amendment of a complaint of information as a matter of right, is before the accused enters his plea,
and such amendment would not be prejudicial to the rights of the accused. But when such amendment
downgrades the nature of the offense or exclude any of the accused it can be made only upon motion
by the prosecutor, with notice to the offended parties, and with leave of court.
An amendment of a complaint of information is not a matter of right after the accused has entered his
plea, and such amendment may only be with respect to form, not substantial, and with leave of court.

A prejudicial question is one which arises in case, the resolution of which is a logical antecedent of the
issue involved therein and the cognizance of which pertains to another tribunal. Occurs when there is a
prior civil action instituted and a subsequent criminal proceeding exists, the resolution of the issue in the
civil proceeding will determine if the criminal proceeding will continue or not.

Elements of a prejudicial question:

1. The previously instituted civil action involves an issue similar or intimately related to the issue
raised in the subsequent criminal action.
2. The resolution of such issue determines whether or not the criminal action may proceed.

A criminal action is instituted as provided by the Rules of Court; for offenses where a preliminary
investigation is required, by filing the complaint with the proper officer for the purpose of conducting
the requisite preliminary investigation. For all other offense, by filing the complaint or information
directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the
office of the prosecutor. In Manila or other chartered cities, the complaint shall be filed with the office
of the prosecutor unless otherwise provided in their charters.

The cases which fall under the exclusive criminal jurisdiction of the Municipal Trial Court are;

1. All violations of city or municipal ordinances committed within their respective territorial
jurisdiction
2. All offenses punishable with imprisonment not exceeding 6 years, regardless of fine
3. Offenses punishable only by a fine not exceeding P4,000
4. Damage to property through criminal negligence
5. All offenses committed by public officers and employees in relation to their office
6. All offense committed by private individuals charged as co-principals, accomplices, or
accessories punishable by not more than 6 years with none holding position salary grade 27 or
higher.

The difference between venue in a civil case from that of a criminal case is, in the former, the offended
party is free to choose where to file the civil action, while in the latter, the criminal action must be filed
in the court of the municipality or province where the offense was committed and where any of its
essential ingredients took place.
An information is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court. It must be in writing, in the name of the People of the Philippines
against all persons who appear to be responsible for the offense involved. The information must state
the name and surname of the accused or any appellation or nickname by which he has been or is
known. If his name cannot be ascertained, he must be described under a fictitious name with a
statement that his true name is unknown. And when such true name is disclosed by him or appears in
some other manner to the court, it shall be inserted and recorded.

The complaint subject of a preliminary investigation is one which is filed to conduct a preliminary
investigation to determine the probable guilt of the accused while complaint filed in court is to institute
a criminal proceeding.

A court may render the dismissal of case based on a resolution submitted by the prosecutor, the Rules of
Court provide that the court has the sole discretion to determine whether or not a case should be
dismissed.

An offended party may intervene in the criminal prosecution only with regard to the civil liability. He
may waive criminal liability, but such extinguishment of criminal liability does not extinguish the liability
arising from the offense charged.

The qualifying and aggravating circumstances must be alleged in the information and that if the
information contains allegations which are different from the one adduced, the accused cannot be
convicted. Where there is ambiguity in the information, such ambiguity must be resolved in favor of the
accused.

Criminal action shall be instituted in the court of municipality or in the court of territorial jurisdiction
where the offense was committed or where any of its essential ingredients occurred.

In order for a warrantless arrest to be valid it the offense must have just been committed, is being
committed, or is being attempted to be committed by the accused. It may also be effected when by
personal knowledge or the facts or circumstances the party believes that the person to be arrested has
just committed an offense, or where the person to be arrested is an escape prisoner.