PRELIMINARY

INVESTIGATION
WHEN REQUIRED: Instances When Probable Cause Needs To Be Established:
GR: BEFORE the filing of a complaint or information for an offense where the penalty WHO DETERMINES PURPOSE OF DETERMINATION
prescribed by law is at least 4 years, 2 months and 1 day without regard to the fine.
XPNs: If the accused was lawfully arrested without warrant. Investigating Officer To determine W/N there is sufficient ground to engender a well-
IMPT: The dismissal of the case by the investigator will not constitute double jeopardy and founded belief that a crime has been committed, that the
will not bar the filing of another complaint for the same offense, but if refiled, the accused is respondent is probably guilty thereof, and should be held for trial
entitled to another preliminary investigation. Required before the filing of a complaint or information for an
offense where the penalty prescribed by law is > 4 yr, 2 mo, and
Right to Speedy Disposition of Cases in Preliminary Investigation:
1 day.
Inordinate delay in the resolution of the preliminary investigation when unjustified violates
the accused right to speedy disposition of cases. Judge To determine W/N a warrant of arrest or a commitment order
Waiver
shall be issued and that there is a necessity of placing
Failure of accused to invoke his right to a preliminary investigation constituted a waiver of
such right and any irregularity that attended it. The right may be forfeited by inaction and respondent under immediate custody in order not to frustrate the
can no longer be invoked for the first time at the appellate level. ends of justice.
Failure to request it within 5 days from the time he learns of the filing of the complaint or
information in those instances where the accused is lawfully arrested without a warrant To determine W/N a search warrant shall be issued.
No Right of Preliminary Investigation Officers Authorized To Conduct Preliminary Investigation:
When a person is lawfully arrested without a warrant unless there is a waiver of the 1. Provincial or City Prosecutor and their assistants
provisions of Article 125 of the Revised Penal Code. 2. National and Regional State Prosecutors
HOWEVER: The Accused Can Ask for Preliminary Investigation: If he is subjected to 3. Officers as may be authorized by law such as the COMELEC, Ombudsman & PCGG
lawful arrest or inquest proceeding, he can ask for preliminary investigation BEFORE the IMPT: By implication, Municipal Trial Court judges in Manila and in chartered cities
filing of the complaint/ information BUT he must sign a waiver in accordance with Article have not been granted the authority to conduct Preliminary Investigation, as the
125, Revised Penal Code. officers authorized to do so are the prosecutors.
Distinguish: Executive and Judicial Determination of Probable Cause: Inquest:
EXECUTIVE DETERMINATION JUDICIAL DETERMINATION Duty of Inquest Officer
1. To determine if the arrest of the detained person is valid;
Made by the proper officer (prosecutor) Made by the judge to ascertain whether a warrant of
2. If found valid he shall: a. Ask the detainee if he desires to avail of himself
during preliminary investigation to ascertain arrest should be issued against the accused. preliminary investigation b. If he does, he shall be made to execute a waiver of
whether there is enough evidence to support the provision of Art. 125 of the RPC.
an Information being filed 3. If the arrest was not made in accordance with the law or the Rules, he shall:
a. Recommend the release of the person arrested or detained
The investigating prosecutor evaluates if the The judge must satisfy himself that based on the b. Note down the disposition on the referral document;
facts are sufficient to engender a well- evidence submitted, there is necessity for placing c. Prepare a brief memorandum indicating the reasons for the action taken
founded belief that a crime has been the accused under custody in order not to frustrate d. Forward the same, together with the record of the case to the City or
committed and that the accused is probably the ends of justice. If the judge finds no probable Provincial Prosecutor for appropriate action
guilty thereof. cause, the judge cannot be forced to issue the arrest