PRELIMINARY INVESTIGATION

REPORTER: Glenda May Pereira

PRELIMINARY  INVESTIGATION DEFINED; 
WHEN  REQUIRED
• Preliminary investigation is an inquiry or proceeding to determine whether
there is sufficient ground to engender a well-founded belief that a crime has
been committed and the respondent is probably guilty thereof, and should be
held for trial.

• Except as provided in Section 7 of this Rule, a preliminary investigation is

required to be conducted before the filing of a compliant or information for an
offense where the penalty prescribed by law is at least (4)yrs, (2)mo and (1)d
without regard to the fine.
OFFICERS AUTHORIZED TO CONDUCT
PRELIMINARY INVESTIGATIONS

• (a) Provincial or City Prosecutors and their assistants;

(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial
Courts;

(c) National and Regional State Prosecutors; and

(d) Other officers as may be authorized by law.

Their authority to conduct preliminary investigations shall include

all crimes cognizable by the proper court in their respective
territorial jurisdictions.
NATURE AND EFFECTS OF A
PRELIMINARY INVESTIGATION

• 1.    It is merely inquisitorial

2.    Only   means   of   discovering   whether   the   offense  
has   been committed and the persons responsible for it  
3.    To enable the fiscal to prepare his complaint and information
 
4.    Not a trial on the merits
• 5.    Determine  whether  there  is  probable  cause  to  believe 
that  an offense has been committed and the accused is probably
guilty of it  
6.    Doesn't place the accused in jeopardy
NATURE AND EFFECTS OF A
PRELIMINARY INVESTIGATION
7.    Doesn't affect the  jurisdiction of the court—only the
regularity of the proceedings
8.    Accused  cannot  assert  lack  of  preliminary  investigation.   
Court cannot dismiss the case based on  this ground—it should
conduct the investigation or order the fiscal or lower court to do it
9.    Preliminary investigation may be waived
10.  Accused  should  invoke  right  to  PI  before  plea,  otherwise 
it  is deemed waived
11.  Accused  doesn't  have  full  gamut  of  rights  yet.    He 
doesn't  have right to counsel unless a confession is being obtained
from him.
12.  There is also no right to confront witnesses against him.
 PENALTY AT
LEAST 4Y,2M,1D

PRELIMINARY
INVESTIGATION PROBABLE
CAUSE

NO PROBABLE
RESPONDENT:
CAUSE ISSUE COUNTER-
AFFIDAVIT
SUBPOENA

DISMISSAL

RESOLUTION

PROCEDURE
FILING OF AN
INFORMATION
 EVALUATION BY
THE JUDGE

NO PROBABLE PROBABLE
CAUSE CAUSE

DISMISSAL COMMITMENT
WARRANT OF
ORDER IF
ARREST ALREADY
DETAINED
COMPLAINT
AFFIDAVIT
AFFIDAVIT
Evidence
RESOLUTION
RESOLUTION
INFORMATION
INFORMATION
SUBPOENA
SUBPOENA
SUMMONS
MOTION FOR P.I