SEC. 4. Offended party, defined.

- The offended party is the person

against whom or against whose property the crime was committed.1

SEC. 5. Information. - An information is the accusation in writing

charging a person with an offense, subscribed by the prosecutor, and filed
with the court. The information need not be placed under oath by the
prosecutor signing the same. The prosecutor must, however, certify under
oath that -

a) he has examined the complainant and his

witnesses;
b) there is reasonable ground to believe that a
crime has been committed and that the accused is probably
guilty thereof;
c) the accused was informed of the complaint and
of the evidence submitted against him; and
d) the accused was given an opportunity to submit
controverting evidence.2

SEC. 6. Sufficiency of complaint or information. - A complaint or

information t
shall be considered sufficient if it states -

a) the name of the accused;

b) the designation of the offense committed;
c) the act or omission complained of;
d) the name of the offended party;
e) the approximate time of the commission of the
offense; and
f) the place where the offense was committed.3
SEC. 7. Other essential matters to be alleged in complaint or
information. -The following shall also be alleged in a complaint or
information:
a) every essential element O{ the offense;
b) the criminal intent of the accused and its
relation to the act or omission complained of;
c) all qualifying and generic aggravating
circumstances which are integral pans of the offense;
d) all matters that are essential to the constitution
of the offense, such as the ownership and/or value of
the property robbed or destroyed; the particular
knowledge to establish culpable intent; or the
1
Sec. 12, par. 1, Rules on Criminal Procedure
2
Sec. 4, Rule 112, ibid.
3
Sec. 6, Rule 110, ibid.
 particular intention that characterizes the offense;
e) age of the minor accused, and whenever
applicable, the fact that he acted with discernment;
and
f) age of the minor complainant, when age is
material.
SEC. 8. Additional contents of a complaint - In addition to the
matters listed above, a complaint or information shall contain a
certification that the recitals therein are true and correct and not in the
nature of a countercharge to avoid conflict in the appreciation of the facts
and evidence.
3EC. 9. Name of accused. - The complaint or information shall
state the name and surname of the accused, if known, or any appellation
or nickname by which he -has been or is known. If his name is not
known, the accused shall be mentioned under a fictitious name such as
"John Doe'1 or "Jane Doe."

SEC. 10. Designation of offense. - To properly inform the accused

of the nature and cause of the accusation against him, the complaint or
information shall state, whenever possible, -

a) the designation given to the offense by the statute;

b) the statement of the act or omission constituting the same,
and if there is no such designation, reference shall be made
to the section or subsection of the law punishing it.4

SEC. 11. Cause of accusation. - The act or omission complained of

as constituting the offense shall be stated in an ordinary and concise
language without repetition. The statement need not use the terms of the
statute defining the offense so long as a person of common understanding
is able to know what offense was intended to be charged and to enable the
court to pronounce proper judgment.5

SEC. 12. Place of the commission of offense. - The complaint or

information is sufficient if it states that the crime charged was committed
or some of the ingredients thereof occurred at some place within the
jurisdiction of the court, unless the particular place in which the crime
was committed is an essential element of the crime e.g. in a prosecution
for violation of the provision of the Election Code which punishes the
carrying of a deadly weapon in a t'polling place ", or if it is necessary to
identify the offense charged e.g., the domicile in the offense of "violation
of domicile." 6
4
Sec. 8, ibid.
5
Sec. 9, ibid.
6
Sec. 10, ibid.
 SEC. 13. Time of commission of offense. - The precise time of the
commission of the offense shall be stated in the complaint or information
if time is a material ingredient of the offense e.g. ,treason, infanticide.
Otherwise, it is sufficient that it be alleged that the offense was
committed at any time as near to the actual date at which the offense was
committed.7

SEC. 14. Title of complaint or information. - The title of the

complaint or information shall be in the name of the "People of the
Philippines" as Plaintiff against all persons who appear to be responsible
for the offense involved.8
SEC. 15. Contents of caption of an information. - The caption of an
information shall, in addition to the name of the Plaintiff, indicate the
following:
a) the complete names i.e., given name, maternal name, surname, and
addresses, of all the accused. In the case of accused minors, their age
shall be indicated in the caption;
b) the case number; and
c) the offense charged. The denomination of the offense and the
specific law and provision violated shall be specified.

SEC. 16. List of prosecution witnesses. - The information shall

contain the complete names and addresses of all identified witnesses for
the prosecution. In cases for violation of B. P. Blg. 22 and estafa cases,
the list of witnesses shall include the complainant, the bank representative
with specific reference to the check and account numbers involved and in
the proper cases, the company auditor; and in physical injuries cases, the
attending physician with specific reference to the medical report and date
of the incident.

SEC. 17. Number of offenses charged. - A complaint or

information shall charge only one offense so as not to confuse the
accused in his defense, except in those cases in which existing laws
prescribe a single punishment for various offenses, e.g., complex crimes
under Article 48 of the Revised Penal Code.9

7
9.Sec. 11, ibid. Sec. 2, ibid.

8
Sec. 2, ibid.

9
Sec. 13, ibid; " Penalty for complex crimes. - When a single act constitutes two or
more grave or less grave felonies, or when an offense is a necessary means for
committing the other, the penalty for the most serious crime shall be imposed, the
same to be applied in its maximum period". (An. 48, Revised Penal Code).
 SEC. 18. Amendment of information or complaint. - An
information or complaint may be amended before the accused pleads,
after the accused has pleaded, and during the trial.

Before plea, amendment of the information or complaint, in

substance or form, is a matter of right.

After plea and during trial, amendment may be made only with
leave of court and only as to matters of form wherein the same can be
done without prejudice to the rights of the accused.

At any time before judgment, if there has been a mistake in

charging the proper offense, the court shall dismiss the original complaint
or information upon the filing of a new one charging the proper offense in
accordance with Rule 119, Section 11,10 provided the accused would not
be placed thereby in double jeopardy. The court may also require the
witnesses to give bail for their appearance at the trial. 11

SEC. 19. Mistake inform and substance. - A mistake in form refers

to clerical errors, matters which are not essential to the charge, and those
which will not mislead or prejudice the accused as when a defense under
the original information can be used after the amendment is made and any
evidence that the accused may have would be equally applicable to the
one form as in the other.

A mistake in substance is any omission or misstatement which

prevents an information from showing on its face that an offense has been
committed, or from showing what offense is intended to be charged.12

SEC. 20. How Period of Prescription Computed and Interrupted. -

For an offense penalized under the Revised Penal Code, the period of
prescription commences to run from the day on which the crime is
discovered by the offended party, the authorities, or their agents, and shall
be interrupted:

a) by the filing of the complaint with the Office of the City/Provincial

10
"when mistake has teen made in charging the proper offense. - When it becomes manifest at
any time before judgment, that a mistake has been made in charging the proper offense, and
the accused cannot be convicted of the offense charged, or of any offense necessarily included
therein, the accused shall not be discharged, if there appears to be good cause to detain him.
In such case, the court shall commit the accused to answer for the proper offense and dismiss
the original case upon the filing of the proper information."

11
Sec. 14, Rule 110, ibid.

12
42 C.J.S.,Sec. 240 at pp.1249-1250.
Prosecutor;13 or wit the Office of the Ombudsman;14 or

b) by the filing of the complaint or information with the court even if

it is merely for purposes of preliminary examination or investigation, or
even if the court where the complaint or information is filed cannot try
the case on its merits.15

However, for an offense covered by the Rules on Summary

Procedure, the period of prescription is interrupted only by the filing of
the complaint or information in court.16

The prescription of an offense filed before the Prosecutor or

Ombudsman shall commence to run again when such proceedings
terminate; while the prescription of an offense filed in court starts to run
again when the proceedings terminate without the accused being
convicted or acquitted or are unjustifiably stopped for any reason not
imputable to the accused.17

For violation of a special law or ordinance, the period of

prescription shall commence to run from the day of the commission of the
violation, and if the same is not known at the time, from the discovery
and the institution of judicial proceedings for its investigation and
punishment. The prescription shall be interrupted only by the filing of the
complaint or information in court and shall begin to run again if the
proceedings are dismissed for reasons not constituting double jeopardy.18

For cases falling within the jurisdiction of the Katarungang

Pambarangay, the period of prescription is likewise interrupted by the
filing of the complaint with the punong barangay; but shall resume to run
again upon receipt by the complainant of the certificate of repudiation or
of the certification to file action issued by the lupon or pangkat secretary;
Provided, however, That such interruption shall not exceed sixty (60)
13
Sec. 1, par. 2, Rule 110, Rules on Criminal Procedure.

14
Llenes vs. Dicdican, 260 SCRA 207 (1996).

15
Ibid.

16
Ibid.

17
An. 91 Revised Penal Code.

18
Sec. 2, Act No.3326, as amended.
days from the filing of the complaint with the punong barangay.19

22
Prescription shall not run when the offender is absent from the
country.20

In cases where the imposable penalty is imprisonment and/or a

fine, the greater penalty shall be the basis for the computation of
prescription.

PART II. INQUEST21

SECTION 1. Concept. - Inquest is an informal and summary

investigation conducted by a public prosecutor in criminal cases
involving persons arrested and detained without the benefit of a warrant
of arrest issued by the court for the purpose of determining whether or not
said persons should remain under custody and correspondingly be
charged in court.

SEC. 2. Designation of In quest Officer. The City or Provincial

Prosecutor shall designate the Prosecutors assigned to inquest duties and
shall furnish the Philippine National Police (PNP) a list of their names
and their schedule of assignments. If, however, there is only one
Prosecutor in the area, all inquest eases shall be referred to him for
appropriate action.

Unless otherwise directed by the City or Provincial Prosecutor,

those assigned to inquest duties shall discharge their functions during the
hours of their designated assignments and only at the police
stations/headquarters of the PNP in order to expedite and facilitate the
disposition of inquest eases.

SEC. 3. Commencement and termination of inquest.- The inquest

proceedings shall be considered commenced upon receipt by the Inquest
Officer from the law enforcement authorities of the complaint/referral
documents which should include:

a) the affidavit of arrest;

b) the investigation report;
c) the statement of the complainant and witnesses; and
d) other supporting evidence gathered by the police in
the course of the latter's investigation of the criminal
incident involving the arrested or detained person.
19
Sec. 40 par.,Local Govt. Code.
20
Art. 91, par. 2, Revised Penal Code.

21
Department of Justice Circular No.61 dated 21 December 1993.
 The Inquest Officer shall, as far as practicable, cause the affidavit of
arrest and statements/affidavits of the complainant and the witnesses to be
subscribed and sworn to before him by the arresting officer and the
affiants.

The inquest proceedings must be terminated within the period

prescribed under the provisions of Article 125 of the Revised Penal Code,
as amended.22

SEC. 4. Documents required in specific cases. - The Inquest

Officer shall, as far as practicable, require the submission/presentation of
the documents listed below, to wit:

Murder, Homicide and Parricide

a) certified true/machine copy of the certificate of death

of the victim; and
b) necropsy report and the certificate of post-mortem
examination, if readily available.

Frustrated or Attempted Homicide, Murder, Parricide and Physical

Injuries

a) medical certificate of the complaining witness

showing the nature or extent of the injury;
b) certification or statement as to duration of the
treatment or medical attendance; and
c) certificate or statement as to duration of incapacity for
work.

Violation of the Dangerous Drugs Law (R.A. No.6425, as amended)

a) chemistry report or certificate of laboratory

examination duly signed by the forensic chemist or other
duly authorized officer. If the foregoing documents are not
available, the Inquest Officer may temporarily rely on the
field test results on the seized drug, as attested to by a PNP
Narcotics Command operative or other competent person, in
which event, the Inquest Officer shall direct the arresting
officer to immediately forward the seized drug to the crime
laboratory for expert testing and to submit to the prosecutor's
office the final forensic chemistry report within five (5) days

22
12 Hours for light offenses; 18 hours for less grave offenses; and 36 hours for grave
offenses.
 from the date of the inquest;
b) machine copy or photograph of the buy-bust money;
and
c) affidavit of the poseur-buyer, if any.

Theft and Robbery, Violation of the Anti-Piracy and Anti-Highway

Robbery Law (P.D. No.532) and Violation of the Anti-Fencing Law (P.D.
No.1612)

a) a list/inventory of the articles and items subject of the

offense; and b) statement of their respective values.

Rape, Seduction and Forcible Abduction with Rape

a) the medico-legal report (living case report), if the victim

submitted herself for medical or physical examination.

Violation of the Anti-Carnapping Law (R.A. No.6539)

a) machine copy of the certificate of motor vehicle

registration;
b) machine copy of the current official receipt of
payment of theregistration fees of the subject motor
vehicle; and
c) other evidence of ownership.

Violation of the Anti-Cattle Rustling Law (P.D. No.533)

a) machine copy of the cattle certificate of registration;

and
b) photograph of the cattle, if readily available.
Violation of Illegal Gambling Law (P.D. No.1602)

a) gambling paraphernalia; and

b) cash money, if any.

Illegal Possession of Explosives (P.D. No.1866)

a) chemistry report duly signed by the forensic chemist;

and
b) photograph of the explosives, if readily available.

Violation of the Fisheries Law (P.9. No.704)

a) photograph of the confiscated fish, if readily available;

and
b) certification of the Bureau of Fisheries and Aquatic
Resources.
Violation of the Forestry Law (P.9. No.705)

a) scale sheets containing the volume and species of the

forest products confiscated, number of pieces and other
important details such as estimated value of the products
confiscated;
b) certification of Department of Environment and
Natural Resources/Bureau of Forest Management; and
c) seizure receipt.

The submission of the foregoing documents shall not be absolutely

required if there are other forms of evidence submitted which will
sufficiently establish the facts sought to be proved by the foregoing
documents.

SEC. 5. Incomplete documents. - When the documents presented

are not complete to establish probable cause, the Inquest Officer shall
direct the law enforcement agency to submit the required evidence within
the period prescribed under the provisions of Article 125 of the Revised
Penal Code, as amended.23 Otherwise, the Inquest Officer shall order the
release of the detained person24 and, where the inquest is conducted
outside of office hours, direct the law enforcement agency concerned to
file the case with the City or Provincial Prosecutor for appropriate action.

SEC. 6. Presence of detained person. - The presence of the

detained person who is under custody shall be ensured during the
proceedings.

However, the production of the detained person before the Inquest

Officer may be dispensed with in the following cases:

a) if he is confined in a hospital;
b) if he is detained in a place under maximum security;
c) if production of the detained person will involve security
risks; or
d) if the presence of the detained person is not feasible by
reason of age, health, sex and other similar factors.

The absence of the detained person by reason of any of the

foregoing factors shall be noted by the Inquest Officer and reflected in the
record of the case.

SEC. 7. Charges and counter-charges.- All charges and counter-

23
NPS Form No.1.

24
NPS Form No.2.
charges arising from the same incident shall, as far as practicable, be
consolidated and inquested jointly to avoid contradictory or inconsistent
dispositions.

SEC. 8. Initial duty of Inquest Officer. - The Inquest Officer shall

first determine if the arrest of the detained person was made in
accordance with paragraphs
(a) and (b) of Section 5, Rule 113 of the 1985 Rules on Criminal
Procedure, as amended, which provide that arrests without a warrant may
be effected:25

a) when, in the presence of the arresting officer, the person to

be arrested has committed, is actually committing, or is
attempting to commit an offense; or
b) when an offense has in fact just been committed, and the
arresting officer has personal knowledge of facts indicating
that the person to be arrested has committed it.

For this purpose, the Inquest Officer may summarily examine the
arresting officers on the circumstances surrounding the arrest or
apprehension of the detained person.

SEC. 9. where arrest not properly effected. - Should the Inquest

Officer find that the arrest was not made in accordance with the Rules, he
shall;

a) recommend the release of the person arrested or detained;

b) note down the disposition on the referral document;
c) prepare a brief memorandum indicating the reasons for the
action taken; and
d) forward the same, together with the record of the case, to the
City or Provincial Prosecutor for appropriate action.

Where the recommendation for the release of the detained person is

approved by the City or Provincial Prosecutor but the evidence on hand
warrants the conduct of a regular preliminary investigation, the order of
release shall be served on the officer having custody of said detainee and
shall direct the said officer to serve upon the detainee the subpoena or
notice of preliminary investigation, together with the copies of the charge
sheet or complaint, affidavits or sworn statements of the complainant and
his witnesses and other supporting evidence.26

25
Go vs. Court of Appeals, 206 SCRA 138 [1992]; Umil, et.al. vs. Ramos, 202 SCRA 251
[1991] and companion cases People vs. Malmstedt, 198 SCRA 401 and People vs. Aminudin,
163 SCRA 402 [1988].

26
See NPS Form No.2.
 SEC. 10. where arrest properly effected. - Should the inquest
Officer find that the arrest was properly effected, the detained person
shall be asked if he desires to avail himself of a preliminary investigation
and, if he does, he shall be made to execute a waiver of the provisions of
Article 125 of the Revised Penal Code, as amended27, with the assistance
of a lawyer and, in case of non-availability of a lawyer, a responsible
person of his choice.28 The preliminary investigation may be conducted
by the Inquest Officer himself or by any other Assistant Prosecutor to
whom the case may be assigned by the City or Provincial Prosecutor,
which investigation shall be terminated within fifteen (15) days from its
inception.
9

SEC. 11. Inquest preliminary investigation Inquest Officer shall

statements/affidavits of evidence submitted to him.

proper.- Where the detained person does not opt for a or otherwise
refuses to execute the required waiver, the proceed with the inquest by
examining the sworn the complainant and the witnesses and other
supporting

If necessary, the Inquest Officer shall require the presence of the

complaining witnesses and subject them to an informal and summary
investigation or examination for purposes of determining the existence of
probable cause.

SEC. 12. Meaning of probable cause.- Probable cause exists when

the evidence submitted to the Inquest Officer engenders a well-founded
belief that a crime has been committed and that the arrested Or detained
person is probably guilty thereof.

SEC. 13. Presence of probable cause.- If the Inquest Officer finds

that probable cause exists, he shall forthwith prepare the
corresponding complaint/information with the recommendation that the
same be filed in court. The complaint/information shall indicate the
offense committed and the amount of bail recommended, if bailable.

Thereafter, the record of the case, together with the prepared

complaint/information, shall be forwarded to the City or Provincial

27
See NPS Form No.3.

28
Such responsible person may be a parent, elder brother or sister, spouse, the municipal mayor, the

municipal judge, district school supervisor, or priest/minister of the gospel as chosen by him (Sec. 2 (d)

RA 7438, An Act Defining Rights of Person Arrested, Detained or under Custodial Investigation)
Prosecutor for appropriate action.

The complaint/information may be filed by the Inquest Officer

himself or by any other Assistant Prosecutor to whom the case may be
assigned by the City or Provincial Prosecutor.

SEC. 14. Contents of Information.- The information shall, among

others,
contain:

a) a certification by the filing Prosecutor that he is filing the

same in accordance with the provisions of Section 7, Rule
112, Rules on Criminal Procedure, in cases cognizable by
the Regional Trial Court;29
b) the full name and aliases, if any, and address of the accused;
c) the place where the accused is actually detained;
d) the full names and addresses of the complainant and
witnesses;
e) a detailed description of the recovered items, if any;
f) the full name and address of the evidence custodian;
g) the age and date of birth of the complainant or the accused, if
eighteen (18) years of age or below; and
h) the full names and addresses of the parents, custodians or
guardians of the minor complainant or accused, as the case
may be.

SEC. 15. Absence of probable cause.- If the Inquest Officer finds

no probable cause, he shall:

a) recommend the release of the arrested or detained person;30

b) note down his disposition on the referral document;
c) prepare a brief memorandum indicating the reasons for the
action taken; and
d) forthwith forward the record of the case to the City or
Provincial Prosecutor for appropriate action.

If the recommendation of the Inquest Officer for the release of the

arrested or detained person is approved, the order of release shall be
served on the officer having custody of the said detainee.

Should the City or Provincial Prosecutor disapprove the

recommendation of release, the arrested or detained person shall remain
under custody, and the corresponding complaint/information shall be
filed by the City or Provincial Prosecutor or by any Assistant Prosecutor
29
NPS Form No.2.

30
NPS Form No.4.
to whom the case may be assigned.

SEC. 16. Presence at crime scene. - Whenever a dead body is

found and there is reason to believe that the death resulted from foul play,
or from the unlawful acts or omissions of other persons and such fact has
been brought to his attention, the Inquest Officer shall:

a) forthwith proceed to the crime scene or place of discovery of

the dead person;
b) cause an immediate autopsy to be conducted by the
appropriate medico-legal officer in the locality or the PNP
medico-legal division or the NBI medico-legal office, as the
case may be;
c) direct the police investigator to cause the taking of
photographs of the crime scene or place of discovery of the
dead body;
d) supervise the investigation to be conducted by the police
authorities as well as the recovery of all articles and pieces
of evidence found thereat and see to it that the same are
safeguarded and the chain of the custody thereof properly
recorded; and
e) submit a written report of his finding to the City or
Provincial Prosecutor for appropriate action.

SEC. 17. Sandiganbayan cases.- Should any complaint cognizable

by the Sandiganbayan be referred to an Inquest Officer for investigation,
the latter shall, after conducting the corresponding inquest proceeding,
forthwith forward the complete record to the City or Provincial
Prosecutor for appropriate action.

SEC. 18. Recovered articles.- The Inquest Officer shall see to it

that all articles recovered by the police at the time of the arrest or
apprehension of the detained person are physically inventoried, checked
and accounted for with the issuance of corresponding receipts by the
police officer/investigator concerned.

The said articles must be properly deposited with the police

evidence custodian and not with the police investigator.

The Inquest Officer shall ensure that the items recovered are duly
safeguarded and the chain of custody is properly recorded.

SEC. 19. Release of recovered articles.- The Inquest Officer shall,

with the prior approval of the City or Provincial Prosecutor or his duly
authorized representative, order the release31 of recovered articles to their
lawful owner or possessor, subject to the conditions that:

31
See NPS Form No.5.
 a) there is a written request for their release;32
b) the person requesting the release of said articles is shown to
be the lawful owner or possessor thereof;
c) the requesting party undertakes under oath to produce said
articles before the court when so required;
d) the requesting party, if he is a material witness to the case,
affirms or reaffirms his statement concerning the case and
undertakes under oath to appear and testify before the court
when so required;
e) the said articles are not the instruments, or tools in the
commission of the offense charged nor the proceeds thereof;
and
f) photographs of said articles are first taken and duly certified
to by the
police evidence custodian as accurately representing the evidence in his
custody.

PART III. PRELIMINARY INVESTIGATION

SECTION 1. Concept of preliminary investigation - A

preliminary investigation is an inquiry or proceeding to determine
whether there is sufficient ground to engender a well founded belief that a
crime cognizable by the Regional Trial Court has been committed and
that the respondent is probably guilty thereof and should be held for
trial.33

A preliminary investigation is essentially a judicial inquiry since

there is the opportunity to be heard, the production and weighing of
evidence, and a decision rendered on the basis of such evidence. In this
sense, the investigating prosecutor is a quasi-judicial officer.34

SEC. 2. Purpose of preliminary investigation. - A preliminary

investigation is intended:

a) to secure the innocent against hasty, malicious and

oppressive prosecution and to protect him from an open and
public accusation of a crime and from the trouble, expense
and anxiety of a public trial;35 and
32
See NPS Form No.6.

33
Section 1, Rule 112, Rules on Criminal Procedure.

34
Cruz, Jr. vs. People, 233 SCRA 439 [1994].

People vs. Poculan, 167 SCRA 176 [1988]; Rodis, Sr. vs.
35

Sandiganbayan, Second Division, 166 SCRA 618 [19881; Salonga vs.

Pano, 134 SCRA 438 [1985]; Trocio vs. Manta, 118 SCRA 241
 b) to protect the State from having to conduct useless and
expensive trials.36

SEC. 3. Nature of preliminary investigation. - The conduct of a

preliminary investigation is a substantive right which the accused may
invoke prior to or at least at the time of plea, the deprivation of which
would be a denial of his right to due process.

SEC. 4. Effect of amendment of information. - In case an

information is amended, a new preliminary investigation shall be
conducted if the amended charge is not related to the crime originally
charged; if there is a change in the nature of the crime charged; or if the
information on its face is null and void for lack of authority to file the
same.

SEC. 5. where right of preliminary investigation may he invoked. -

The right to a preliminary investigation may be invoked only in cases
cognizable by the Regional Trial Court. The right is not available in cases
triable by inferior courts.

SEC. 6. Officers Authorized to Conduct Preliminary Investigation.

- The following may conduct a preliminary investigation;37

a) Provincial or City Prosecutors and their assistants;

b) Judges of Municipal Trial Courts and Municipal Circuit
Trial Courts;
c) National and Regional State Prosecutors; and
d) Other officers as may be authorized by law.38

Their authority to conduct preliminary investigation shall include

all crimes cognizable by the proper court in their respective territorial
jurisdiction.39

SEC. 7. Commencement of Preliminary Investigation.- A

preliminary investigation proceeding is commenced:

a) by the filing of a complaint by the offended party or any

[1982]; Sausi vs. Querubin, 62 SCRA 155 [1975]; and Hashim vs.
Boncan, 71 Phil. 216 [1941].
36
Tandoc vs. Resultan, 175 SCRA 37 [1989].

37
Par. 1, Sec. 2, Rule 112, supra.

38
The Special Prosecution Officers and Graft Investigation Officers in
cases cognizable by the Office of the Ombudsman and the COMELEC officials in cases
involving violations of the Election Code, PCGG Officers
39
Par. 2, Section 2, Rule 112, supra.
 competent person840 directly with the Office of the
Investigating Prosecutor or Judge;
b) by referral from or upon request of the law enforcement
agency that investigated a criminal incident;
c) upon request of a person arrested or detained pursuant to a
warrantless arrest who executes a waiver of the provisions of
Article 125 of the Revised Penal Code, as amended;
d) by order or upon directive of the court or other competent
authority; or
e) for election offenses, upon the initiative of the Commission
on Elections, or upon written complaint by any citizen,
candidate, registered political party, coalition of registered
parties or organizations under the party-list system or any
accredited citizen arm of the Commission on Elections.41

SEC. 8. Complaint. - For purposes of preliminary investigation, the

complaint filed with the prosecutor's office shall, as far as practicable, be
accompanied or covered by an Information Sheet and shall state, among
others -

a) the full and complete names and exact home, office or postal
addresses of the complainant and his witnesses;
b) The full and complete name and exact home, office or postal
address of the respondent;
c) The offense charged and the place and exact date and time of
its commission; and
d) Whether or not there exists a related case and, if so, the
docket number of said case and the name of the Investigating
Prosecutor thereof.

SEC. 9. Supporting affidavits.- The complaint shall be

accompanied by the affidavits of the complainant and his witnesses, as
well as other supporting proofs or documents, if any. The affidavits shall
be sworn to before a Provincial, City or State Prosecutor, or other
government official authorized to administer oaths or, in their absence or
unavailability, a notary public, who must certify that he personally
examined the affiants and that he is satisfied that they voluntarily
executed and understood their affidavits.42

When the preliminary investigation is commenced by referral from

or upon request of the law enforcement agency that investigated the
incident, the affidavits of the complainant and his witnesses to be

40
Ebarle vs. Sucaldito, 156 SCRA 803 [1987].
41
Sections 3 & 5, Rule 34, COMELEC Rules of Procedure.

42
Sec. 3(a), Rule 112, Rules on Criminal Procedure.
submitted by the said agency shall consist of the original or duplicate
original or certified machine copies thereof.

SEC. 10. Number of copies of affidavits. - The complaint and

supporting affidavits shall be in such number of copies as there are
respondents, plus four (4) copies for the court/official file.

Where a complaint charges multiple offenses which cannot be the

subject of one indictment or information, the complainant may be
required to submit such additional copies of the complaint and supporting
affidavits as there are offenses charged in the complaint.

SEC. 11. Barangay certification . - If the offense charged is

punishable by imprisonment not exceeding one (1) year or a fine not
exceeding Five Thousand Pesos (5,000.00) and the parties to the case are
all residents of the same city or municipality, the complaint shall be
accompanied by the certification required under Section 412 (a) of R.A.
Act No.7160, "The Local Government Code of 1991.43

SEC. 12. Lack of harangay certification.- The absence of a

barangay certification shall not be a ground for the dismissal of the
complaint. The Investigating Prosecutor shall, however, make the
corresponding referral of the complaint to the proper Lupong
Tagapamayapa for appropriate action pursuant to the provisions of
Chapter 7, Book III of R.A. No.7160. In connection therewith, the
complainant may be summoned for the purpose of delivering the referral
to the Chairman of the appropriate barangay and to secure the necessary
certification within thirty (30) days.

In any of the following cases. the Investigating Prosecutor shall

proceed to take cognizance of the complaint for purposes of preliminary
investigation44 even if there is no Barangay Certification:

a) where the respondent is under detention; or

b) where the respondent has been deprived of personal liberty
calling for habeas corpus proceedings; or
c) where the case may be barred by the Statute of Limitations.

SEC. 13. Initial/ action on the Complaint.- Within ten (10) days
after the filing of the complaint, the Investigating Prosecutor shall either
dismiss the same if he finds no ground to continue with the inquiry, or
issue a subpoena to the respondent, attaching thereto a copy of the
complaint together with the affidavits of witnesses and other supporting
43
See Appendix "0", List of Offenses cognizable by the Lupong Tagapamayapa
(Crimes Covered by the Katarungang Pambarangay).

44
Sec. 412(b), R.A. No.7160.
documents. 45
9

SEC. 14. Dismissal of complaint. - The following, among others,

shall constitute sufficient basis for the outright dismissal of a complaint:

a) that the offense charged in the complaint was committed

outside the territorial jurisdiction of the Office of the
Investigating Officer;46
b) that, at the time of the filing of the complaint, the offense
charged therein had already prescribed;
c) that the complainant is not authorized under the provisions
of pertinent laws to file the complaint;
d) that the acts and/or omissions alleged in the complaint
and/or the supporting affidavits do not sufficiently show that
a criminal offense or violation of a penal law has been
committed; or
e) that the complaint and the supporting affidavits are unsigned
and/or have not been duly subscribed and sworn to as
prescribed under the Rules on Criminal Procedure.

SEC. 15. Personal service of documents by investigating

prosecutor. -Whenever circumstances warrant and to prevent the loss of
documents in the course of the service of a subpoena through ordinary
modes, the Investigating Prosecutor may require the respondent or other
parties to appear before him on a designated date, time and place and then
and there personally furnish them with copies of the complaint,
supporting affidavits and other documents.

At the said or any other setting, the respondent shall have the right
to examine all other evidence submitted by the complainant.
Failure on the part of the respondent or his counsel/representative to
appear before the Investigating Prosecutor to obtain copies of the
complaint, supporting affidavits and other documents despite receipt of
notice or subpoena shall be considered a waiver or forfeiture of
respondent9s right to be furnished copies of the complaint, supporting
affidavits and other documents, as well as to examine all other evidence
submitted by the complainant.

For the purposes specified in the first paragraph hereof, the

Investigating Prosecutor shall not require the appearance before him of
the respondent or other parties who are residing in distant places. In such

45
Section 3(b), Rule 112, Rules of Criminal Procedure.

46
The resolution of dismissal should include a statement that the entire record of the case is
being forwarded to the office having jurisdiction over the same.
cases, the Investigating Prosecutor shall issue and send the subpoena,
together with copies of the complaint, supporting affidavit and other
documents, by registered special delivery mail with return card.

SEC. 16. Service of subpoena in preliminary investigation. - To

expedite the conduct of a preliminary investigation, the following
guidelines shall be observed in the service of subpoenas-
a) Service of subpoena and all papers/documents required to be
attached a
thereto shall be b'~- personal service by regular process
servers. In their
Absence, the cooperation of the Provincial City/Municipal
Station Commanders of the Philippine National Police (PNP)
may be requested for the purpose.
b) Under other circumstances, where personal service cannot be
effected but the respondent cannot be considered as
incapable of being subpoenaed as when he continues to
reside at his known address but the return states that he "has
left his residence and his return is uncertain" or words of
similar import, service of subpoena and its attachments shall
be effected by registered mail with return card at
respondent's known home/office address. On the face of the
envelope shall be indicated
I. the name and return address of the sender1
and the
Typewritten/printed phrase "First
Notice Made on______________", thus
instructing the postmaster/postal
employee of the necessity of informing the
sender of the date the first notice was made on
the addressee; and
ii.the typewritten/printed request: "If not
claimed within
five (5) days from first notice, please return to
sender."

c) Upon receipt of the unclaimed/returned envelope, the

Investigating Prosecutor may then proceed to resolve the
complaint on the basis of the evidence presented by the
complainant.47

SEC. 17. where Respondent cannot he subpoenaed - If a

respondent cannot be subpoenaed, as, for instance, he transferred
residence without leaving any forwarding address, the Investigating
Prosecutor shall base his resolution on the evidence presented by the
47
Sec 3(d), Rule 112, Rules on Criminal Procedure; Department of Justice
Memorandum Circular No.25 dated 2 October 1989.
complainant.

SEC. 18. Counter-Affidavits.- In cases where the respondent is

subpoenaed, he shall within ten (10) days from receipt of the complaint
and other documents, submit his counter-affidavit and other supporting
documents which shall be sworn to and certified as prescribed in the
second sentence of par. 1 of Section 9 this Part, copies of which shall be
furnished by the respondent to the complainant.48

Only a counter-affidavit subscribed and sworn to by the respondent

before the Public Prosecutor can dispute or put at issue the allegations in
the complaint. A memorandum, manifestation or motion to dismiss
signed by the counsel cannot take the place of a counter-affidavit. Thus, a
respondent relying on the manifestation, memorandum or motion to
dismiss of his counsel is deemed to have not controverted complainant's
evidence. 49

However, if such memorandum, manifestation or motion to dismiss is

verified by the respondent himself, the same may be considered a
counter-affidavit.

SEC. 19. Motion for dismissal of bill of particulars.-The filing of a

motion for the dismissal of the complaint or for the submission of a bill
of particulars shall not suspend or interrupt the running of the period for
the submission of counter-affidavits and other supporting documents.

All the grounds for the dismissal of the complaint, as well as

objections to the sufficiency thereof, shall be alleged or incorporated in
the counter-affidavit and shall be resolved by the Investigating Prosecutor
jointly on the merits of the case.
The Investigating Prosecutor may grant a motion to dismiss filed
by a respondent who is yet to file or has not filed his counter-affidavit if
the said motion is verified and satisfactorily establishes, among others:

a) the circumstances specified in sub-paragraphs (a), (b)9

(c) and (d) and (e) of Section 14 of this Part;
b) the fact that the complaint, or one similar thereto or
identical therewith, has previously been filed with the Office
and has been fully adjudicated upon on the merits after due
preliminary investigation proceedings; or
c) the extinction of respondentts criminal liability by

48
Secs. 3(b) & (c), Rule 112, supra.

49
DOJ Resolution No.109, Series of 1990. (I. S. NO.89-243, "Bulacan Garden Corporation
vs. Filomena", OPP, Bulacan).
 reason of death, pardon, amnesty, repeal of the law under
which prosecution is sought, or other legal causes.

SEC. 20. Consolidation.- The following cases shall, as far as

practicable, be consolidated for preliminary investigation purposes and
assigned to and jointly heard by one Investigating Officer:

a) charges and counter-charges;

b) cases arising from one and the same incident or
transaction or series of incident or transactions; and
c) cases involving common parties and founded on
factual and/or legal issues of the same or similar character.

SEC. 21. Extension of time. - No motion or request for extension of

time to submit counter-affidavits shall be allowed or granted by the
Investigating Prosecutor except when the interest of justice demands that
the respondent be given reasonable time or sufficient opportunity to:

a) engage the services of counsel to assist him in the

preliminary investigation proceedings;
b) examine or verify the existence, authenticity or
accuracy of voluminous records, files, accounts or
other papers or documents presented or submitted in
support of the complaint; or

c) undertake studies or research on novel, complicated

or technical questions or issues of law and of facts
attendant to the case under investigation.

Extensions of time to submit a counter-affidavit for any of the

reasons stated above shall not exceed ten (10) days. Additional extensions
may be authorized by the Provincial/City Prosecutor concerned.

SEC. 22. Suspension of proceedings.- Upon motion of a party, or

when raised in a counter-affidavit, the Investigating Prosecutor may
suspend the preliminary investigation proceedings if the existence of a
prejudicial question is satisfactorily established.50

The existence of a prejudicial question shall, however, not be a

ground for the dismissal of the complaint.

SEC. 23. Concept of prejudicial question.- A prejudicial question is

one the resolution of which is a logical antecedent of the issue involved in
a case and the cognizance of which pertains to another tribunal.51 It is

50
Sec.6, Rule 111, ibid.

51
Ras vs. Rasul, 100 SCRA 125 [1980]; Quiambao vs. Osono, G. R. No.48157, March 16, 1988; and
Appendix “P”
based on a fact distinct and separate from the crime charged but so
intimately connected with it that it determines the guilt or innocence of
the accused. To suspend the criminal action, it must not only appear that
said case involves facts intimately related to those upon which the
criminal prosecution would be based but also that in the resolution of the
issue or issues raised in the civil case, the guilt or innocence of the
accused would necessarily be determined.52
SEC. 24. Elements of prejudicial question. - The essential elements
of a prejudicial question are:

a) the civil action involves an issue similar or intimately related

to the issue raised in the criminal action;
b) the resolution of such issue determines whether or not the
criminal action may proceed ;53 and
c) the cognizance of the said issue pertains to another tribunal.54

SEC. 25. Issuance of orders of suspension of proceedings.- No

resolution or order suspending the preliminary investigation based on the
existence of a prejudicial question shall be issued by the Investigating
Prosecutor without the written approval of the Provincial/City Prosecutor
concerned or his duly designated assistant.

SEC. 26. Reply-affidavits and rejoinders.- The Investigating

Prosecutor shall not require or allow the filing or submission of reply-
affidavits and/or rejoinders, except where new issues of fact or questions
of law which are material and substantial in nature are raised or invoked
in the counter-affidavit or subsequent pleadings and there exists a need
for said issues or questions to be controverted or rebutted, clarified or
explained to enable the Investigating Prosecutor to arrive at a fair and
judicious resolution of the case. In such a case, the period for the
submission of reply affidavits or rejoinders shall in no case exceed five
(5) days unless a longer period is authorized by the Provincial/City
Prosecutor concerned.

SEC. 27. Clanficatory questions. - The Investigating Prosecutor

may set a hearing to propound clarificatory questions to the parties or
their witnesses if he believes that there are matters which need to be
inquired into personally by him. In said hearing, the parties shall be
afforded the opportunity to be present but without the right to examine or
cross-examine. If they so desire, they may submit written questions to the
Investigating Prosecutor who may propound such questions to the parties

52
Donato vs. Luna, G.R. No.53642, April 15, 1988; Prado vs. People, 133 SCRA 602 [1984]; and
Librodo vs. Coscolluela, Jr., 116 SCRA 303 [1982].

53
Sec. 5, Rule 111, supra.

54
Cf. Ras vs. Rasul, supra; Quiambao vs. Osono, supra.
or witnesses concerned.55

The Investigating Prosecutor shall make a record of the questions

asked and answers given during the clarificatory questioning which shall
be signed by the parties concerned and/or their respective counsel. Said
notes shall form part of the official records of the case. Parties who desire
to file a petition for review of the Investigating Officer's resolution may,
at their option, cite specific portions of the oral testimony by reference to
the transcript of stenographic notes. Said notes shall only be transcribed
in cases of appeal and shall be obtained at the expense of the interested
party.

28. Submission of case for resolution. - The Investigating

Prosecutor shall case submitted for resolution:

a) when the respondent cannot be subpoenaed or, if

subpoenaed, does not submit his counter-affidavit
within the reglementary period. In such a case, the
Investigating Prosecutor shall base his resolution on
the evidence presented by the complainant;56 or

b) upon submission by the parties of their respective

affidavits and supporting proof or documents, in which
event, he shall, upon the evidence thus adduced,
determine whether or not there is sufficient ground to
hold the respondent for trial 57

SEC. 29. Lack of probable cause.- If the Investigating Prosecutor

does not find sufficient basis for the prosecution of the respondent, he
shall prepare the resolution recommending the dismissal of the complaint.
SEC. 30. Finding of probable cause. - If the Investigating
Prosecutor finds that probable cause exists, he shall prepare the resolution
and the corresponding information or complaint in the appropriate cases.

Where the respondent is a public officer or employee or a member

of the Philippine National Police (PNP), the Investigating Prosecutor
shall also determine whether or not the offense with which he is charged
was committed in relation to his office and, if so committed, such fact
should be alleged in the information to be filed with the Sandiganbayan
through the Ombudsman 58

55
Sec. 3(e), Rule 112, supra.

56
Secs. 3 (d) & (f), Rule 112, ibid.

57
Sections 3(d) & (f), Rule 112, ibid.

58
Republic vs. Maximiano Asuncion, G.R. No. L-108208, March 1994.
 SEC. 31. Reopening of investigation.- After a case under
preliminary investigation has been submitted for resolution under the
provisions of the preceding Section but before promulgation of the
resolution, the preliminary investigation may be reopened for the purpose
of receiving new and/or additional evidence upon the prior authorization
given by the Provincial/City Prosecutor concerned or upon motion of the
interested party, Provided, That in the latter case, it shall be subject to the
following conditions:

a) the motion is verified and a copy thereof furnished the

opposing party;
b) the motion is accompanied with the new and/or
additional evidence; and
c) the motion sufficiently and satisfactorily shows valid
and justifiable reason for the failure of the movant to submit
the new and/or additional evidence during the preliminary
investigation proceedings.

SEC. 32. Cases Transmitted by the Municipal Trial Judge. - Upon

receipt of the records of the case from the Municipal Trial Court or
Municipal Circuit Trial Court which conducted the Preliminary
Investigation, the Prosecution Office shall review the case based on the
existing records, without requesting the parties to submit memorandum of
authorities,59 and may affirm, modify or reverse the finding of the
Municipal Trial Court judge. However, if the interest of justice so
requires, the prosecutor may conduct a full blown reinvestigation giving
the parties the opportunity to submit additional evidence, and thereafter,
resolve the case on the basis of the totality of the evidence thus adduced.

SEC. 33. Memoranda. - The Investigating Prosecutor shall not

require nor allow the filing or submission by the parties of memoranda
unless the case involves difficult or complicated questions of law or of
fact. In any event, the filing of memoranda by the parties shall be done
simultaneously and the period therefore shall not exceed ten (10) days,
unless a longer period is authorized by the Provincial/City Prosecutor
concerned.

SEC. 34. Period for resolving a case. - The Investigating

Prosecutor shall resolve the case within ten (10) days from the time the
case is deemed submitted for resolution,60 unless otherwise provided
herein or a longer period is authorized by the Provincial/City Prosecutor
concerned.

59
Department of Justice Memorandum Circular No.7, s.1988.

60
Sec. 3(f), Rule 112, supra.
SEC. 35. Form of resolution and number of copies.- The resolution shall
be written in the official language, personally and directly prepared and
signed by the Investigating Prosecutor. It shall be prepared in as many
copies as there are parties, plus three (3) additional copies.

SEC. 36. Contents of the resolution. - A resolution shall contain a

caption and a body.

SEC. 37. Caption of resolution. - The caption of the resolution

shall indicate the:

a) names of all the complainants and all of the respondents;

b) Case Number, otherwise known as the Investigation Slip
Number or 1.8. No.;
c) the offense charged;
d) the date of the filing of the complaint with the office;
e) the date of the assignment of the case to or receipt of the
case record by the Investigating Officer; and
f) the date the case was submitted for resolution.

SEC. 38. Names of parties. - The complete names of all the

complainants and respondents in the case shall be set out in the caption of
the resolution. It is not proper to use the phrase "et. al." to refer to other
complainants and respondents.

The name of the victim or injured party, not their representative,

shall appear in the caption. In cases referred to the prosecution by the
police where there is no identified victim, as in prohibited drugs cases,
the complainant shall be the police station involved, followed by the
name and designation of the police officer representing the police station.
In homicide or murder cases, the name of the victim or of the
complainant shall be in the caption. The heirs or relatives of the slain
victim shall be indicated as "Legal heirs of deceased (name or person
killed)", represented by "(either the surviving spouse, father or mother)".

In the case of a corporation or judicial entity, its corporate name or

identity shall be indicated and written as follows. " 'X' Corporation,
represented by its (position title), (name of corporate officer)".

SEC. 39. Case number. - The number of a case shall indicate the
year and month; it was filed and its entry number in the log book of the
office, e.g. 97 (year)A(month)-024(entry number).

SEC. 40. Designation of offense charged. - For offenses that are

punishable under the Revised Penal Code, the caption shall set forth the
denomination of the offense and the specific article and paragraph of the
statute violated.

Where there is another charge or countercharge in the same case having

one case number or in case of a consolidated resolution involving two or
more criminal cases with two or more docket numbers, the caption shall
also contain said information.

SEC. 41. Contents of body of resolution. - In general, the body of

resolution should contain:

a) a brief summary of the facts of the case;

b) a concise statement of the issues involved; and
c) the findings and recommendations of the Investigating
Prosecutor.

All material details that should be found in the information

prepared by the Investigating Prosecutor shall be stated in the resolution.

SEC. 42. Parts of a resolution. - As a rule, the body of a resolution

is made up of four parts, namely:

a) Part 1 shall state the nature of the case as disclosed in the

evidence presented by the complainant such as his affidavit-
complaint, the affidavit of witnesses and documentary and
physical evidence. The affidavits shall be numbered in the
order of the presentation of the prosecution witnesses as
disclosed in the list of witnesses appearing in the
information. As for the documentary evidence, they shall be
alphabetically marked as they would be marked during the
pre-trial and trial stages of the case.
b) Part 2 shall contain the version of complainant of the
incident. The presentation of the complainant's case should
be concise and shall not be cluttered with details that are not
necessary to show the elements of the offense.
c) Part 3 shall allege the respondent1s version of the incident.
This must also be concise.
d) Part 4 shall contain the discussion, analysis and evaluation
by the prosecutor of the evidence presented by the
complainant and the respondent, without relying on the
weakness of the defense of the respondent. It shall also
contain the conclusion of the prosecutor. The complainant's
and respondent's versions of the incident need not be
repeated in this part except to point out excerpts relating to
the existence or absence of the elements of the crime.
 Citations of pertinent laws and jurisprudence should support
the conclusions reached. Where numerical values are
important, the number shall be written in words and figures.

SEC. 43. How recommended hail is written. - The bail

recommended in the resolution shall be written in words and figures.

SEC. 44. Recommended bail. - The bail recommended in the

resolution shall be stated in the information, written in words and figures,
and initialed by the investigating prosecutor.

SEC. 45. Parties to be furnished with a copy of the resolution. -

The complete names and addresses of the complainant and the respondent
shall be set out at the end of the resolution after the signature of the
investigating prosecutor and the head of the Prosecutor's Office
concerned under the phrase: "Copy furnished:".

If the parties are represented by counsel and the latter's appearance

is entered formally in the record,61 the counsel, not the party, shall be
given a copy of the resolution.

SEC. 46. Signature and initials of investigating prosecutor. - The

investigating prosecutor shall sign the resolution and if the resolution
consists of two or more pages, the prosecutor shall initial all of said
pages, excluding the signature page.

SEC. 47. Records of the case. - The investigating fiscal shall

forward his resolution, together with the complete records of the case, to
the Provincial or City Prosecutor or Chief State Prosecutor concerned
within five (5) days from the date of his resolution.62
SEC. 48. Action of the Provincial or City Prosecutor or Chief State
Prosecutor on resolution. - The Provincial or City Prosecutor or Chief
State Prosecutor concerned shall act on all resolutions within ten (10)
days from receipt thereof by either approving or disapproving the
resolution or returning the same to the investigating prosecutor for further
appropriate action.' 'immediately after approving or disapproving the
resolution, the Provincial or City Prosecutor or Chief State Prosecutor
concerned shall transmit a copy of the resolution to the parties.

SEC. 49. Reversal by the Provincial or City Prosecutor or Chief

State Prosecutor of resolution of investigating prosecutor. - If the
Provincial or City Prosecutor or Chief State Prosecutor reverses the
recommendation in the resolution of the investigating prosecutor, the
former may, by himself, file the corresponding information or direct any
61
Note: A special appearance does not qualify.

62
Sec. 4, par.1,Rule 112, supra.
other assistant prosecutor or state prosecutor, as the case may be, to do so
without need of conducting another preliminary investigation.

SEC. 50. Approval of pleading by head of prosecution office. - A

pleading prepared by the trial prosecutor, including exparte motions, shall
not be filed in court without the prior written approval by the Provincial
or City Prosecutor or Chief State Prosecutor, as the case may be, of said
pleading.

SEC. 51. Motion for reinvestigation, where filed. - Before the

arraignment of the accused, a motion for reinvestigation of the case may
be filed with the City/Provincial Prosecutor, Provided, That when the
case has been appealed to the Regional State Prosecutor or the
Department of Justice, such motion may be filed, respectively, with the
said offices. After arraignment, said motion may only be filed with the
judge hearing the case.

SEC. 52. Confidentiality of resolutions. - All resolutions prepared

by an Investigating Prosecutor after preliminary investigation, whether
his recommendation be for the filing or dismissal of the case, shall be
held in strict confidence and shall not be made known to the parties, their
counsel and/or to any unauthorized person until the same shall have been
finally acted upon by the Provincial/City Prosecutor or his duly
authorized assistant and approved for promulgation and release to the
parties.

Violation of the foregoing shall subject the Investigating Prosecutor

or the employee of the office concerned to severe disciplinary action.

SEC. 53. Information/Complaint.- The information/complaint shall

be personally and directly prepared by the Investigating Prosecutor or
such other prosecutor designated for the purpose and signed by him or the
complainant, as the case may be. It shall state and contain, in addition to
the requirements of the Rules of Court on the sufficiency of the
allegations in an information or complaint, the following:

a) the full name and aliases, if any, and address of the accused;
b) the age and date of birth of the complainant or the accused, if
eighteen (18) years of age or below;
c) the full names and addresses of the parents, custodian or
guardian of the minor complainant or accused, as the case
may be;
d) the place where the accused is actually detained;
e) the full names and addresses of the complainant and
witnesses;
f) a detailed description of the recovered items, if any;
g) the full name and address of the evidence custodian; and
h) the bail recommended, if the charge is bailable.
 The Investigating Prosecutor shall certify under oath that he or, as
shown by the record, an authorized officer, had personally examined the
complainant and his witnesses; that there is reasonable ground to believe
that a crime has been committed and that the accused is probably guilty
thereof; that the accused was informed of the complaint and of the
evidence submitted against him and that he was given an opportunity to
submit controverting evidence; and that he is filing the complaint or
information with the prior authority and approval of the Provincial/City
Prosecutor concerned.63

SEC. 54. Documents to be attached to information/complaint. - An

information/complaint that is filed in court shall, as far as practicable, be
accompanied by a copy of the resolution of the Investigating Prosecutor,
the complainant's affidavit, the sworn statements of the prosecution's
witnesses, the respondent's counter-affidavit and the sworn statements of
his witnesses and such other evidence as may have been taken into
account in arriving at a determination of the existence of probable
cause.64

SEC. 55. Promulgation of resolution.- The result of the preliminary

investigation shall be promulgated by furnishing the parties or their
counsel a copy of the resolution by:

a) personal service;
b) registered mail with return card to the complainant, and by
ordinary mail to the respondent, if the resolution is for the
dismissal of the complaint; or
c) registered mail with return card to the respondent, and by
ordinary mail to the complainant, if the resolution is for the
indictment of the respondent.
SEC. 56. Motion for reconsideration. - A motion for
reconsideration may be filed within ten (10) days from receipt of the
resolution. The motion shall be verified, addressed to the Provincial/City
Prosecutor or the Chief State Prosecutor, and accompanied by proof of
service of a copy thereof on the opposing party and must state clearly and
distinctly the grounds relied upon in support of the motion.

A motion for reconsideration is still part of due process in the

preliminary investigation. The denial thereof is a reversible error as it
constitutes a deprivation of the respondent's right to a full preliminary
investigation preparatory to the filing of the information against him.65
63
Section 4 (2) Rule 112, supra.

64
Lim V. Felix, G. R. No.94054-57, and Fernandez V. Felix, G.R. No.94266-57, 194 SCRA 292
[1991]; See also Allado V. Diokno, 232 SCRA 192 [1994].

65
Torralba vs. Sandiganbayan, 230 SCRA 33 [1994].
The court therefore may not proceed with the arraignment and trial
pending resolution of the motion for reconsideration.

SEC. 57. Inhibition. - A Prosecutor shall inhibit himself from

conducting a preliminary investigation in a case wherein -

a) he or his wife or child is interested as heir, legatee, creditor

or otherwise; or
b) he is related to either affinity or to counsel
c) he has been named counsel. party within the 6th degree of
consanguinity or within the 4th degree; or executor,
administrator, guardian, trustee or

A motion to disqualify or inhibit the Investigating Prosecutor may

be filed with the City/Provincial or Chief State Prosecutor concerned for
just or valid reasons
other than those mentioned above.

SEC. 58. Period to resolve cases under preliminary investigation. -

The following periods shall be observed in the resolution of cases under
preliminary investigation:

a) The preliminary investigation of complaints charging a

capital offense shall be terminated and resolved within ninety
(90) days from the date of assignment to the Investigating
Prosecutor.
b) The preliminary investigation of all other complaints
involving crimes cognizable by the Regional Trial Courts
shall be terminated and resolved within sixty (60) days from
the date of assignment.
c) In cases of complaints involving crimes cognizable by the
Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts, the preliminary investigation
- should the same be warranted by the circumstances - shall
be terminated and resolved within sixty(60) days from the
date of assignment to the Investigating Prosecutor.

In all instances, the total period (from the date of assignment to the
time of actual resolution) that may be consumed in the conduct of the
formal preliminary investigation shall not exceed the periods prescribed
herein.66

66
Department of Justice Circular No.24 dated 24 March 1995.
 PART IV. PETITION FOR REVIEW67

SECTION 1. Subject of petition for review.- Only resolutions of the

Chief State Prosecutor/Regional State Prosecutor/Provincial or City
Prosecutor dismissing a criminal complaint may be the subject of a
Petition for Review to the Secretary of Justice except as otherwise
provided in Section 4 hereof.

A petition from the resolution of a Provincial/City Prosecutor

where the penalty prescribed for the offense charged does not exceed
prision correccional, regardless of the imposable fine, shall be made to
the Regional State Prosecutor who shall resolve the petitions with
finality. Such petitions shall also be governed by these rules.

The provision of the preceding paragraph on the finality of the

resolution of the Regional State Prosecutor notwithstanding, the Secretary
of Justice may, in the interest of justice and pursuant to his residual
authority of supervision and control over the prosecutors of the
Department of Justice, order the automatic review by his office of the
resolution of the Regional State Prosecutors in the cases appealed to the
latter.

SEC. 2. Period to file petition.- The petition must be filed within a

period of fifteen (15) days from receipt of the questioned resolution by
the party or his counsel. The period shall be interrupted only by the filing
of a motion for reconsideration within ten (10) days from receipt of the
resolution and shall continue to run from the time the resolution denying
the motion shall have been received by the movant or his counsel.

SEC. 3. Form and contents. - The petition shall be verified by the

petitioner and shall contain the following:

a) date of receipt of the questioned resolution; date of filing of

the mot )n for reconsideration; if any; and date of receipt of
the resolution on the motion for reconsideration;
b) names and addresses of the parties;
c) the Investigation Slip Number or I.S. No. and/or criminal
case number and the title of the case;
d) the venue of the preliminary investigation;
e) a clear and concise statement of the facts, the assignment of
errors, and the legal basis of the petition;
f) in case of a finding of probable cause, that petitioner has
filed in court a motion to defer further proceedings; and
g) proof of service of a copy of the petition to the adverse party
or his counsel and the prosecutor either by personal delivery
67
Department Order No.223 dated June 30,1993 as amended by DO No.359 dated October
17, 1995.
 or registered mail evidenced by the registry receipts and
affidavit of mailing.

The petitioner shall append to his petition copies of the material

and pertinent affidavits/sworn statements (including their translations, if
any, duly certified by the city/provincial prosecutor) and evidence
submitted in the preliminary investigation by both parties and the
questioned resolution.

The prosecutor concerned shall immediately inform the

Department or the Regional State Prosecutor of the action of
the court on the motion to defer further proceedings. If the
accused is arraigned during the pendency of the petition, the
prosecutor concerned shall likewise immediately inform the
Department or the Regional Stat& Prosecutor of such
arraignment.

SEC. 4. Cases not subject to review; exceptions.- No

petition may be allowed from a resolution of the Chief State
Prosecutor/Regional State Prosecutor/Provincial or City
Prosecutor finding probable cause except upon showing of
manifest error or grave abuse of discretion. Either
complainant/offended party or respondent/accused may file a
petition. Notwithstanding the showing of manifest error or
grave abuse of discretion no petition shall be entertained
where the accused had already been arraigned. Once
arraigned, the petition shall be dismissed motu proprio by the
Secretary of Justice.

SEC. 5. Answer.- Within a non-extendible period of

fifteen (15) days from receipt of a copy of the petition, the
respondent may file a verified answer indicating therein the
date that the copy of the petition was received with proof of
service of the answer to the petitioner. If no answer is filed,
the case shall be resolved on the basis of the petition.

SEC. 6. Withdrawal of petition.- The petition may be

withdrawn at any time before it is finally resolved, in which
case the questioned resolution shall stand.

SEC. 7. Motion for reinvestigation.- At any time after

the filing of the petition and before its resolution, the
petitioner may, with leave of court, file a motion for
reinvestigation on the ground that new and material evidence
has been discovered which petitioner could not, with
reasonable diligence, have discovered during the preliminary
investigation and which if produced and admitted would
probably change the resolution. The Department or the
Regional State Prosecutor, as the case may be, shall then issue
 a resolution directing the reinvestigation of the case, if still
legally feasible. When reinvestigation is granted, it shall take
place in the Office of the Prosecutor from which the petition
was taken.

SEC. 8. Disposition of petition.- The Secretary of Justice or the

Regional State Prosecutor may reverse, affirm or modify the questioned
resolution. They may, motu proprio or on motion of the petitioner,
dismiss outright the petition on any of the following grounds: 9

a) that the offense has prescribed;

b) that there is no showing of any reversible error;
c) that the procedure or requirements herein prescribed have
not been complied with;
d) that the questioned resolution is interlocutory in nature,
except when it suspends the proceedings based on the
alleged existence of a prejudicial question; or
e) that other legal or factual grounds exist to warrant a
dismissal.

SEC. 9. Motion for Reconsideration.- The aggrieved party may file

a motion for reconsideration within a non-extendible period of ten (10)
days from receipt of the resolution on the petition, furnishing the adverse
party or his counsel and the prosecutor with copies thereof. No second
motion for reconsideration shall be entertained.

SEC. 10. Effect of filing of petition. - A petition for review, motion

for reconsideration/reinvestigation from a resolution finding probable
cause shall not hold the filing of the information in court.

Pending resolution of the Petition for review, the accused is entitled

to a suspension of the proceedings, to the holding in abeyance of the
issuance of warrant of arrest, and deferment of the arraignment.68

PART V. BAIL69
9
68
Like a motion for reconsideration of the resolution of the City/Provincial Prosecutor, the
right to a petition for review is a part of due process. Notwithstanding the ruling in Crespo vs.
Mogul (151 SCRA 463 [1987]), the Court may not proceed with the criminal proceedings
until after the resolution of the Regional Prosecutor or of the Secretary of Justice shall have
become final, and the corresponding motion has been filed in Court by the trial prosecutor to
withdraw or dismiss the information or to proceed with the trial as the case may be, per
findings in the petition for review. (See Roberts; Jr. et al. vs. C.A. et al., 254 SCRA 307
[1996]).
69
Rule 114, Rules on Criminal Procedure, as amended by Supreme Court Administrative
Circular No.12-94 dated August 16, 1994.
 SECTION 1. Bail defined. - Bail is the security given for the
release of a person in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance before any court as required
under the conditions hereinafter specified. Bail may be given in the form
of corporate surety, property bond, cash deposit, or recognizance.

SEC. 2. Nature of right to bad.- The right to bail is guaranteed by

the Constitution. It is the duty of the prosecutor to recommend such
amount of bail to the courts of justice as, in his opinion, would ensure the
appearance of an accused person when so required by the court.70

SEC. 3. Non-bailable offense. - No person charged with a capital

offense, or an offense punishable by reclusion perpetua or life
imprisonment, when evidence of guilt is strong, shall be admitted to bail
regardless of the stage of the criminal prosecution.

SEC. 4 Criteria in recommending amount of bail. - In

recommending the amount of bail to be granted by the court, the
prosecutor shall take into consideration the following standards and
criteria:

a) financial ability of the respondent/accused to post bail;

b) nature and circumstances of the offense;
c) penalty for the offense charged;
d) age, state of health, character and reputation of the
respondent/accused under detention;
e) weight of the evidence against the respondent/accused under
detention;
f) forfeiture of other bonds and pendency of other cases
wherein the respondent/accused under detention is under
bond;
g) the fact that respondent/accused under detention was a
fugitive from justice when apprehended; and
h) other factors affecting the probability of the accused
appearing at the trial.71

SEC. 5. Burden of proof in bail application. - At the hearing of an

application for admission to bail filed by any person who is in custody for
the commission of an offense punishable by death, reclusion perpetual or
life imprisonment, the prosecution has the burden of showing that
evidence of guilt is strong. The evidence presented during the bail
hearings shall be considered automatically reproduced at the trial, but
upon motion of either party, the court may recall any witness for
additional examination unless the witness is dead, outside of the
70
Department of Justice Circular No.36, Sept. 1, 1981.

Sec. 6, Rule 114, supra; Department of Justice Circular No.4, series of 1996, effective 1
71

February 1996.
Philippines or otherwise unable to testify.

SEC. 6. Recognizance. - Whenever allowed pursuant to law or

these Rules, the court may release a person in custody on his own
recognizance or that of a responsible person.

SEC. 7. Bail, when not required; reduced bail or recognizance. -

No bail shall be required when the law or the Rules issued by the
Supreme Court so provide72.

When a person has been in custody for a period equal to or more

than the possible maximum imprisonment of the offense charged to
which he may be sentenced, he shall be released immediately without
prejudice to the continuation of the trial thereof or the proceedings on
appeal. In case the maximum penalty to which the accused may be
sentenced is destierro, he shall be released after thirty (30) days of
preventive imprisonment.

A person in custody for a period equal to or more than the

minimum of the principal penalty prescribed for the offense charged
without application of the Indeterminate Sentence Law or any modifying
circumstance, shall be released on a reduced bail or on his own
recognizance, at the discretion of the court.

SEC. 8. Notice of application for hail to prosecutor. - In an

application for bail, the court shall give reasonable notice of the hearing
to the prosecutor or require him to submit his recommendation.

SEC. 9. Cancellation of hail bond. - Upon application filed with

the court and after due notice to the prosecutor, the bail bond may be
canceled upon surrender of the accused or proof of his death.

The bail bond shall be deemed automatically canceled upon

acquittal of the accused or dismissal of the case or execution of the final
judgment of conviction.

In all instances, the cancellation shall be without prejudice to any

liability on the bond.

SEC. 10. Arrest of accused out on hail. - For the purpose of

surrendering the accused, the bondsmen may arrest him, or on written
authority endorsed on a certified copy of the undertaking may cause him
to be arrested by any police officer or any other person of suitable age
and discretion.

72
See RA 6036 and Rules on Summary Procedure; Art. 29, Revised
Penal Code; BP BIg 85 [1980]; Sec. 13, Rule 114, ibid.
 An accused released on bail may be re-arrested without the
necessity of a warrant if he attempts to depart from the Philippines
without prior permission of the court where the case is pending.

SEC. 11. No had after final judgment, exception. - An accused shall

not be allowed bail after the judgment has become final, unless he has
applied for probation
before commencing to serve sentence, the penalty and the
offense being within the purview of the Probation Law. In
case the accused has applied for probation, he may be
allowed temporary liberty under his bail bond, but if no
bail was filed or the accused is incapable of filing one, the
court may allow his release on recognizance under the
custody of a responsible member of the community. In no
case shall bail be allowed after the accused has
commenced to serve sentence.

SEC. 12. Rules in computing the bail to be recommended. - To

achieve uniformity in the amount of bail to be recommended, the
following rules shall be observed:

a) Where the penalty is reclusion perpetua, life

imprisonment, reclusion perpetua to death or death,
bail is not a matter of right; hence, it shall not be
recommended.
b) Where bail is a matter of right and the imposable
penalty is imprisonment and/or fine, the bail shall be
computed on the basis of the penalty of imprisonment
applying the following rules:

1. where the penalty is reclusion temporal

(regardless of period) to reclusion perpetua,
bail shall be computed based on the maximum
of reclusion temporal.
ii. where the imposable penalty is correccional or
afflictive, bait shall be based on the maximum
of the penalty, multiplied by P2,000.00. A
fraction of a year shall be rounded-off to one
year.
iii. for crimes covered by the Rules on Summary
Procedure and Republic Act No. 6036, bail is
not required except when respondent/accused is
under arrest, in which case, bail shall be
computed in accordance with this guideline.
iv for crimes of reckless imprudence resulting in
homicide arising from violation of the Land
Transportation and Traffic Code, bail shall be
P30,000.00 per deceased person.
v. for violation of Batas Pambansa Blg. 22, bail
 shall be 50% of the amount of check but should
not be less than P2,000.O0nor more than
P30,000.00.

Where the imposable penalty is only a fine, bail shall be

computed as

follows:
9

1. fine not exceeding P2,000.00,bail is not

required.
ii. fine of more than P2,000.00,bail shall be 50%
of the fine but should not exceed P30,000.00.
iii. in case of reckless imprudence resulting to
damage to property, bail shall be three-eighths
(3/8) of the value of the damage but not
exceeding P30,OOO.OO except when covered
by the Rules on Summary Procedure.

d) Bail based on the maximum penalty, multiplied by

P1O,OOO.OO,shall be applied to the following offenses
under the following laws:

I. Republic Act No.6425 (Dangerous Drugs Act),

as amended by RA 7659;
ii. Republic Act No.6539 (Anti-Carnapping Act),
as amended by RA 7659;
iii. Republic Act No.7659 (for other crimes
covered by it);
iv. Presidential Decree No. 186 (Illegal Possession
of Firearms, Ammunition or Explosives), as
amended by RA 8294;
v. Republic Act No. 1937 (Tariff and Customs
Code), as amended; or
vi. Rebellion, insurrection or Coup d'etat as
amended by Republic Act No.6968.

SEC. 13. Petition for bail in a continuous trial. - In case a petition

for bail is filed by the accused and the court orders a continuous trial of
the case, the public prosecutor shall be prepared with his principal
witnesses. Where there are several accused and one or two filed a petition
to bail, the trial prosecutor shall, before the presentation of his first
witness, manifest in open court that the evidence to be presented in the
hearing of the petition for bail shall be adopted as its evidence-inchief.
 PART VI. ARREST

SECTION 1. Definition of probable cause as a ground for an

arrest or issuance of a warrant of arrest. - Probable cause is 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.73

SEC. 2. Remedy if no warrant of arrest is issued by the

investigating judge. -If the investigating judge is satisfied that there is
probable cause but did not issue the warrant of arrest contrary to the
prosecutor's belief that there is a need to place the accused under custody,
the speedy and adequate remedy of the prosecutor is to immediately file
the information so that the Regional Trial Court judge may issue the
warrant for the arrest of the accused.74

SEC. 3. Request for a copy of the return. - If a warrant of arrest has

been issued, the prosecutor may request the warrant officer that he be
furnished with the officer's return relative thereto. The prosecutor shall,
as far as practicable, coordinate with the witnesses from time to time to
ascertain the whereabouts of the accused pending the latter's arrest.

PART VII. ARRMGNMENT AND PLEA

SECTION 1. Concept of arraignment. - Arraignment is a

mandatory requirement that seeks to give the accused the opportunity, at
the first instance, to know why the prosecuting arm of government has
been mobilized against him and to plead. At the arraignment, the accused
may enter a plea of guilty or not guilty.

SEC. 2. Duties of trial prosecutor. -

a) Before the arraignment of the accused, the trial prosecutor

shall examine the information vis-a-vis the resolution of the
investigating prosecutor in order to make the necessary
corrections or revisions and to ensure that the information is
sufficient in form and substance.
b) After arraignment, the trial prosecutor shall prepare his
witnesses for trial. Government witnesses, e.g. medico-legal
officer, chemist, forensic experts, examiners etc. should, as
73
Bemas, The Constitution of the Republic of the Philippines, a
Commentary, Vol. I, First Ed., 1987, pp.86-87 cited in Department
Circular No.24, dated March 24 1995.
74
Samulde vs. Salvani,Jr., 165 SCRA 724 [1988].
 much as practicable, be presented in accordance with the
logical a~d chronological sequence of the technical aspects
to be proved.

SEC. 3. Effect of filing a petition for review. - When an aggrieved

partymanifests in court that he has a pending petition for review with the
Department of Justice and moves for a deferment of the arraignment
pending resolution of his petition, the Trial Prosecutor may conform
thereto once proof of said petition has been presented by the petitioner to
his satisfaction.

SEC. 4. Concept of plea. - The plea is the reply of the accused to

the charge. It raises the issue to be tried and on which the
judgment/sentence of the court can be properly based.

PART VIII. PRE-TRIAL75

SECTION 1. CoflcQpt ofpre-trial. - A pre-trial is a process

whereby the accused and the prosecutors in a criminal case work out,
usually at the arraignment stage, a naturally satisfactory disposition of a
case subject to court approval in order to expedite the trial of the case. 76

The prosecutor shall enter into a pre-trial only when the accused
and counsel agree and upon order of the court.

SEC. 2. Duties of prosecutor before and after the pre-trial

conference. -Before the pre-trial conference, the prosecutor should know
every fact and detail of the case. This can be accomplished by
interviewing the complainant and other witnesses and after a thorough
examination of the available documentary and other physical evidence.
The prosecutor should place importance ';;n the testimony of the expert
witness. The knowledge that the prosecutor will gain from said witness
will help him determine the procedures undertaken in the examination of
a subject or thing; the scientific or technical terms applied, and the
reason/s in arriving at a certain conclusion.

During the pre-trial process, the prosecutor shall bear in mind that
he has to prove his case beyond a reasonable doubt and that every act or
incident should be proved by the testimony of qualified and competent
witnesses.

After the pre-trial conference, the prosecutor shall ensure that any
75
Rule 118, Rules on Criminal Procedure.
76
Black's Law Dictionary, 5th Ed. 1979, p.1037.
agreement or admission made or entered therein is in writing and signed
by the accused and his counsel.

SEC. 3. Subject matters ofpre-tn.al. - The pre-trial conference shall

consider the following:

a) Plea bargaining - This is a process where the defendants

usually plead guilty to a lesser offense or to only one or
some of the counts of a multi-count indictment in return for
a lighter sentence than that for the graver charge77;
b) Stipulation of facts- This is the agreement of the parties on
some facts admitted, some facts covered by judicial notice
(Sec. 1, Rule 129), judicial admissions (Sec. 2 Rule 129), or
on matters not otherwise disputed by them. In cases
requiring the presentation of government witnesses or
evidence, the Trial Prosecutor should exert every effort to
secure a waiver by the accused of objections to the
admissibility of certain documentary evidence, e.g., medical
or death cenificare, necropsy report, forensic chemistry
report, ballistics report, PhilippineOverseas and Employment
Administration (POEA) Certification, and the like, if such
evidence has no relevance whatsoever to the theory of the
defense, in order to d~spense with the presentation and
testimony in court of government witnesses. Whenever
appropriate or necessary, the counter-affidavit of the accused
submitted luring the preliminary investigation may be
resorted to or availed of to denions~rate or establish the
defense theory;
c) Marking of documentary evidence in advance for
identification;
d) Waiver in advance of objections to admissibility of
evidence;
e) List of witnesses to be presented which should be
qualified by the following statement: "that other
witnesses may be presented in the course of the trial";
and
f) Such other matters as will promote a fair and
expeditious trial.

SEC. 4. Plea of guilty to a lesser offense. - The following rules

shall apply to cases where the accused pleads guilty to a lesser offense:

a) The Trial Prosecutor shall immediately move for the

suspension of the proceedings whenever the accused
manifests his intention in court to plead guilty to a
lesser offense. This will enable the Trial Prosecutor to
77
ibid, p.1037.
 evaluate the implications of the offer.
b) If the lesser offense to which the accused will plead
guilty is not a capital offense, the Trial Prosecutor may
dispense with the presentation of evidence unless the
court directs otherwise.
c) The Trial Prosecutor, with the consent of the offended
party, may motu propno agree to the offer of the
accused to plead guilty to a lesser offense if the penalty
imposable therefor is prision correcional (maximum of
six [61 years) or less or a fine not exceeding
P12,OOO.OO.
d) When the penalty imposable for the offense charged is
prision mayor (at least six [6] years and one [11 day or
higher) or a fine exceeding ~12,OOO.OO, the Trial
Prosecutor shall first submit his
comment/recommendation to the City or Provincial
Prosecutor or to the Chief State Prosecutor, as the case
may be, for approval. If the recommendation is
approved in writing, the Trial Prosecutor, may, with
the consent of the offended party, agree to a plea of
guilty to a lesser offense. For this purpose, the Chief
State Prosecutor or the Provincial or City Prosecutor
concerned shall act on the recommendation of the Trial
Prosecutor within forty-eight (48) hours from receipt
thereof. In no case shall the subject plea to a lesser
offense be allowed without the written approval of the
above respective heads of office.
e) In all cases, the penalty for the lesser offense to which
the accused may be allowed to plead guilty shall not
be more than two (2) degrees lower than the
imposable penalty for the crime charged,
notwithstanding the presence of mitigating
circumstances. The lesser offense shall also be one
that is necessarily related to the offense charged or the
offense must belong to the same classification or title
under the Revised Penal Code or therelevant special
laws.78

However, the plea of guilty to a lesser offense may not be allowed

where it so contravenes lo~ nd common sense as to be unconscionable,
thereby resulting in
us, where the offense charged is homicide, a plea of guilty to a lesser
offense of frustrated or attempted homicide, may not be allowed, since
the fact of death cannot be reconciled with the plea of guilty to frustrated
or attempted homicide. Homicide necessarily produces death, while
frustrated or attempted homicide does not.79
78
Department of Justice Circular No.55, dated 31 July 1990.
79
Amatan vs. Aujero 248 SCRA 511(1995).
 SEC. 5. when accused pleads guilty to a capital offense. - If the
accused pleads guilty to a capital offense, the Trial Prosecutor must
present evidence to prove the guilt of the accused and the precise degree
of his culpability. This is mandatory.

PART IX. TRIAL'

SECTION 1. Definition of trial. - A trial is a judicial examination

of the claims at issue in a case which are presented by the prosecution and
defense to enable the court to arrive at a judgment pronouncing either the
guilt or innocence of the accused.2

SEC. 2. Concept of trial. - The object of a trial is to mete out

justice, and to convict the guilty and protect the innocent. Thus, the trial
should be a search for the truth and not a contest over technicalities and
must be conducted under such rules as will protect the innocent.3

SEC. 3. Expeditious prosecution of criminal cases filed with the

courts. -The Trial Prosecutor shall always be prepared to conduct the
prosecution with his witnesses who shall be subpoenaed well in advance
of the scheduled trial dates.4 No postponement of the trial or other
proceedings of a criminal case shall be initiated or caused by the Trial
Prosecutor except in instances where the postponement is occasioned by
the absence of material witnesses or for other causes beyond his control
or not attributable to him.

SEC. 4. Order of presentation of witnesses. -

a) The order in the presentation of witnesses will be left

to the discretion of the Trial Prosecutor. However, the
prosecutor should take into consideration the order of events
as established by the evidence of the prosecution.
b) Witnesses who will testify for the first time shall be
afforded the opportunity to be advised to observe criminal
proceedings in court to help them overcome their anxiety,
excitement and tension.

SEC. 5. Preparation of formal offer of exhibits. - The Trial

Prosecutor shall safely keep his documentary and other physical evidence
and prepare a list thereof in the order they have been marked as exhibits,
identifying each by letter or number, describing it briefly, and stating its
specific purpose or purposes.

SEC. 6. Defense evidence. -

a) Before reception of evidence for the defense starts, the Trial

 Prosecutor shall ask from the adverse counsel the number of
witnesses he intends to present.
b) If the names of defense witnesses are disclosed the Trial
Prosecutor shall elicit from reliable sources the whereabouts
of these witnesses, their moral character,, background,
reasons for testifying and

relationship with the accused, among other things, to enable

him to have a clear view of the defense of the accused.

SEC. 7. Discharge of accused to he state witness. - When two or

more persons are jointly charged with the commission of any offense,
upon motion of the prosecution before resting its case, the court may
direct one or more of the accused to be discharged with their consent so
that they may be witnesses for the state provided the court, after hearing,
is satisfied that:

a) There is absolute necessity for the testimony of the

accused whose discharge is requested.5
b) There is no other direct evidence available for the
proper prosecution of the offense committed, except the
testimony of said accused,6 as when he alone has knowledge
of the crime, and not when his testimony would simply
corroborate or otherwise strengthen the evidence in the
hands of the prosecution;7
c) The testimony of said accused can be substantially
corroborated in its material points. This is an indispensable
requirement because it is a notorious fact in human nature
that a culprit, confessing to a crime, is likely to put the blame
on others rather than himself. Thus, even though a court
may get the statement of a discharged accused that other
particular persons were engaged in the crime, it is unsafe to
accept without corroborating evidence, his statements
concerning the relative blame to be attached to different
members of his gang;~
d) Said accused does not appear to be the most guilty.9 The
mere fact that the witness sought to be discharged had
pleaded guilty In the crime charged does not violate the rule
that the discharged defendant must not "appear to be the
most guilty”. And even if the witness should lack some of
the qualifications enumerated by Sec. 9, Rule 119, his
testimony will not, for that reason alone, be discarded or
disregarded.10 The ground underlying the rule is not to let
a crime that has been committed go unpunished; so an
accused who is not the most guilty is allowed to testify
against the most guilty, in order to achieve the greater
purpose of securing the conviction of the more or most
guilty and the greatest number among the accused permitted
to be convicted for the offense they committed.'' However,
 although an accused did not commit anv of the stabbing, it
is a mistake to discharge him as a state \witness where he is
bound in a conspiracy. All the perpetrators of the offense
bound in conspiracy are equally guilty.
e) Said accused has not at anv time been convicted of any
offense involving moral turpitude.

Evidence adduced in support of the discharge sha11 automatically

form part of the trial. If the court denies the motion for discharge of the
accused as state witness, his sworn statement shall be inadmissible in
evidence.

SEC. 8. Witness protection. - An accused who is discharged from

an information or criminal complaint in order that he may be a state
witness as provided in the preceding section may, upon his petition, be
admitted to the Witness Protection Program under R.A. No.6981, "The
Witness Protection, Security and Benefit Act" if he complies with the
other requirements of said Act.

SEC. 9. Other persons who may avail of the Witness Protection

Program. -The following may also avail of the Witness Protection
Program under R.A. No.
6981:

a) Any person who has witnessed or has knowledge of or

information on the commission of a crime and has testified
or is testifying or is about to testify before any judicial or
quasijudicial body, or before any investigating authority,
Provided, that:

1. the offense in which his testimony will be used is a

grave felony as defined under the Revised Penal Code
or its equivalent under special laws;
ii. his testimony can be substantially corroborated on its
material points;
iii. he or any member of his family within the second civil
degree of consanguinity or affinity is subjected to
threats to his life or bodily injury or there is a
likelihood that he will be killed, forced, intimidated,
harassed or corrupted to prevent him from testifying,
or to testify falsely or evasively, because or on
account of his testimony; and
iv. he is not a law enforcement officer, even if he would
be testifying against other law enforcement officers.
In such a case, only the immediate members of his
family may avail themselves of the protection
provided for under the Act.

b) Any person who has participated in the commission of

 a crime and desires to be a witness for the State, whenever
the following circumstances are present:

i. . the offense in which testimony will be used is a

grave felony as defined under the Revised Penal
Code or its equivalent under special laws;
ii. there is absolute necessity for his testimony;
iii. there is no other direct evidence available for the
proper prosecution of the offense committed;

iv his testimony can be substantially corroborated on

its material points;
V. he does not appear to be the most guilty; and
vi he has not at any time been convicted of any crime
involving moral turpitude.

SEC. 10. Motions for postponement of accused. - Motions for

postponement that are initiated by the accused should be vigorously
opposed by the Trial Prosecutor and he should make of record his
objections thereto, leaving to the court's discretion the disposition of the
subject motions.'3

SEC. 11. Discontinuance of proceedings. - During the presentation

of the prosecution's evidence, the Trial Prosecutor shall not cause or
allow the discontinuance of the proceedings except for other similarly
compelling reasons not attributable to him.14

SEC. 12. Presentation of evidence. - Each party is bound to

complete the presentation of his evidence within the trial dates assigned
to him. After the lapse of said dates, the party is deemed to have
completed his evidence presentation. However, upon verified motion
based on serious reasons, the judge may allow the party additional trial
dates in the afternoon; provided that said extension will not go beyond the
three-month limit computed from the first trial date. '5

Where a Trial Prosecutor, without good cause, secures

postponements of the trial over the objections of a defendant beyond a
reasonable period of time, the accused is entitled to relief by a proceeding
in mandamus to compel a dismissal of the information, or if he be
restrained of his liberty, by habeas corpus to obtain his freedom16.

SEC. 13. Order of trial.- Upon receipt of the notice of trial, the
prosecutor shall review the record of the case for trial and complete his
preparation therefore bearing in mind that trial, once commenced, may
continue from day to day until terminated, and that trial shall proceed in
the following order pursuant to Sec. 3, Rule 119 of the Rules of Criminal
Procedure:

a) The prosecution shall present evidence to prove the

 charge and, in the proper case, the civil liability.
b) The accused may present evidence to prove his defense,
and damages, if any, arising from the issuance of any
provisional remedy in the case.
c) The parties may then respectively present rebutting
evidence only, unless the court, in furtherance of justice,
permits them to present additional evidence bearing upon
the main issue.
d) Upon admission of the evidence, the case shall be
deemed submitted for decision unless the court directs the
parties to argue orally or to submit memoranda.
e) However, when the accused admits the act or omission
charged in the complaint or information but interposes a
lawful defense, the order of trial may be modified
accordingly.

SEC. 14. Presentation of witnesses.- The order in the presentation

of witnesses shall, as far as practicable, conform to he logical sequence of
events obtaining in the case on trial in order to present a clear, organized
and coherent picture to the court of the prosecution's evidence.

For example, in the case of prosecution under the Dangerous

Drugs Law, the Trial Prosecutor should present the forensic
chemist who examined the dangerous drug ahead of the other
witnesses in order that the court may at once have a view of the real
evidence (either the prohibited or regulated drug subject of the
case) and so that such evidence may immediately identified by the
other witnesses thus avoiding the recall of witnesses later on.

The rule of logical sequencing notwithstanding, a witness whose

testimony is vital to the case and whose life is in danger or who may be
sick/injured arid may possibly die, should be made to testify as early as
practicable.

SEC. 15. Examination of witnesses for the prosecution.-Where it

shall satisfactorily appear that the witness for the prosecution is too sick
or infirm to appear at the trial as directed by order of the court, or has to
leave the Philippines with no definite date of returning thereto, he may
forthwith be conditionally examined before the judge or the court where
the case is pending. Such examination in the presence of the accused, or
after reasonable notice to attend the examination has been served on him,
will be conducted in the same manner as an examination at the trial.
Failure or refusal on the part of the accused to attend the examination
after notice herein before provided, shall be considered a waiver. The
statement thus taken may be admitted on behalf of or against the accused.

SEC. 16. Cross-Examination of defense witnesses. The

prosecutor shall endeavor to secure well in advance all available
information about a defense witness in order to prepare for an effective
cross-examination. Where the testimony of a defense witness bears no
effect on the evidence of the prosecution, a cross-examination need not be
conducted.

SEC. 17. Rebuttal evidence.- The presentation and nature of

rebuttal evidence will depend on the effect which the defense evidence
may have caused on the prosecution's evidence-in-chief. The recall of a
witness who already testified during the evidence-in-chief presentation
merely to refute what a defense witness may have stated during his
defense testimony is not generally a rebuttal evidence. \Where there is
nothing to refute, rebuttal evidence is unnecessary.
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