The following Rules of Court (Criminal Procedure) are most salient in the analysis of the

procedure for this case. The rules are 112—Preliminary Investigation, 115—Rights of Accused,
116—Arraignment and Plea, and 117—Motion to Quash. These will be considered in turn.
Thereafter, demurrer per Rule 33 shall be considered as a potential avenue for the conclusion of
this litigation.

Rule 112

 Rule 112 concerns the process for a preliminary investigation. It is an inquiry/proceeding

to determine whether there is “sufficient ground to engender a well-founded belief that a
crime has been committed and the respondent is probably guilty thereof, and should be
held for trial.” In other words, whether there is probable cause.
o RCCP 112 §1.
 It begins with the filing of a complaint, which needs to (1) contain the respondent’s
address, (2) includes the affidavits of the complainant and his witnesses, and other
supporting documents to establish probable cause.
o RCCP 112 §1.
 Within 10 days after the filing of the complaint, the investigating officer will either
dismiss, if he finds no ground to continue the investigation, or issue a subpoena to the
respondent, attaching the complaint and supporting affidavits and documents
o RCCP 112 §3(b)
 If subpoenae is not possible, then, the investigating officer will resolve the complaint
based on the evidence presented by the complainant.
o RCCP 112 §3(d)
 Respondent has the right to examine the evidence submitted by the complainant which he
may not have been furnished and to copy evidence at his expense
o Id 112 §3(b)
 The respondent can then file a counter-affidavit. It must be made within 10 days from
receipt of subpoena with the complaint, and must comply with the same requirements as
a complaint. Respondent is NOT allowed to file a motion to dismiss in lieu of counter-
affidavit.
o Id 112 §3(c)
 There may then be a clarificatory hearing, if the investigating officers feels that one is
necessary. It will be held within 10 days from the submission of the counter-affidavits
and other documents or from the expiration of the period for their submission.
o Id 112 §3(e)
 Within 10 days after the investigation, the investigating officer may determine whether
there is sufficient ground to hold the respondent for trial
o Id 112 § 3(f)

Rule 115

 Should the respondent be held for trial, these shall be their rights: to be informed of the
accusation, to be able to defend at any stage of the proceeding (from arraignment to
judgement), to testify as a witness on his own behalf (silence will not be prejudicial), to
 be exempt from being compelled to be a witness against himself, to confront and cross-
examine the witnesses against him at trial, to have a speedy, impartial and public trial,
and to appeal in all cases allowed.
o Id at 115 §1.

Rule 116

 The arriangment shall be made in open court and furnish the accused with the complaint,
such that the respondent is asked whether he plead guilty or not guilty. The prosecution
may call at the trial witnesses other than those named in the complaitn or information.
o Id at 116 §1.
 The accused must be present at the arraignment and must personally enter his plea.
o Id.
 The arraignment shall be held within thirty days from the date the court aquires
jurisdiction over the person accused.
o Id
 The accused may, before arraignment, move for a bill of particulars to enable him to
properly to plead and to prepare for trial. The bill needs to specify the defects of the
complaint or information desired.
o 116 § 9.
 The accused may also be able to examine objects/tangible things and witnesses in
possession of the prosecution.
o 116 § 10

Rule 117

 At any time before entering his plea, the accused may move to quash the complaint or
information
o 117 § 1.
 The grounds for quashing include:
o The facts alleged do not constitute an offense,
o There is no jurisdiction over the offense
o The court has no jurisdiction over the person
o The complaint does not conform substantially to the prescribed form
o That it contains averments which, if true, would constitute a legal excuse or
justification, etc.
o 117 §3.
 Even if one of the grounds is present, the court may order an amendment, 117 §4, or
order another complaint be filed, 117 §5.
 An order sustaining a motion to quash is not a bar to another prosecution for the same
offense unless (1) the motion was based on the fact that the criminal action or liability has
been extinguished, or (2) that the accused has been previously convicted or acquitted of
the offense charged.
o 117 §6. See also 117 §7.
Demurrer

 Based on the Gloria Macapagal Arroyo case, it may also be possible, to conclude the
litigation by way of a Rule 33 Demurrer to evidence. The rule allows the respondent to
move for dismissal when the plaintiff does not allege the facts and law necessary to
suggest a right to relief for the plaintiff. In this case, if the PNP failed to allege facts and
law, through their complaint and any additional affidavits or documentation submitted to
the Department of Justice, that would show that they are entitled to relief, then it may be
possible to move for a Rule 33 dismissal as was done in the Gloria case.