Criminal Investigation

and Filing of Criminal Complaint Through Inquest

Proceedings and or Regular Filing
 Criminal Investigation vs. Preliminary Investigation

Criminal Investigation -is a fact-finding

investigation carried out by law-enforcement
officers for the purpose of determining
whether they should file a complaint for
preliminary investigation.

Preliminary Investigation -is conducted

for the purpose of determining if there is a
probable cause to hold a person for trial.
 DEFINITION OF TERMS

ARREST - is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense. ( Rule 1, Section 1)

CUSTODIAL INVESTIGATION - investigation conducted by law enforcement officers after a person

has been arrested or deprived of his freedom of action. It includes invitation to a person who is being
investigated in connection with an offense.

COMPLAINANT – a party or person who makes a complaint or file a formal charge in the court of law.

SUSPECT OR SUSPECTS – Individual(s) who is/are pointed to be by the victim(s) andwitness(es) to

have had committed the crime in issue. Subject person is not considered as a criminal unless
otherwise his/her conviction is pronounced in the court.

PROBABLE CAUSE is the existence of such facts and circumstances as would excite the belief in a
reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged
was guilty of the crime for which he was prosecuted

- Based on the evidence that would be adduced by the parties.

 DEFINITION OF TERMS

COMPLAINT - is a sworn written statement charging a person with an

offense, subscribed by the offended party, any peace officer, or other public
officer charged with the enforcement of the law violate

INFORMATION - is an accusation in writing charging a person with an

offense, subscribed by the Prosecutor and filed with the court.

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. (Rule 112, Secrtion 1)

INQUEST - is an informal and summary investigation conducted by the public

prosecutor in a criminal case involving persons ARRESTED AND
DETAINED WITHOUT THE BENEFIT OF A WARRANT OF ARREST issued by
the court for the purpose of determining WHETHER SAID PERSONS SHOULD
REMAIN UNDER CUSTODY AND CORRESPONDINGLY CHARGED IN COURT
WARRANTLESS ARREST OR CITIZEN'S ARREST
(Rules of Court, Rule 113, Section 5)

1. When, in his presence, the person to be arrested has committed, is actually committing, or
is attempting to commit an offense;

This is the “in flagrante delicto” rule.

2. When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested has
committed it;

This is the “ hot pursuit” rule.

3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined while
his case is pending, or has escaped while being transferred from one confinement to
another.
If an accused is caught in flagrante delicto, the warrantless arrest is lawful and the
evidence obtained in a SEARCH INCIDENTAL TO ARREST is admissible as evidence. One
common example of a warrantless arrest is a buybust operation.

An offense is committed in the presence or within the view of an officer when the officer
sees the offense, although at a distance; or hears the disturbance that it creates and
proceeds at once to the scene.

The rule on "hot pursuit" arrest should comply with the element of immediacy between the
time of the offense and the time of the arrest.

For example, in one case the Supreme Court held that when the warrantless arrest was
made three months after the crime was committed, the arrest was unconstitutional and
illegal.
Under the rule on "hot pursuit" arrest, the policeman should have personal
knowledge that the suspect committed the crime. The test is probable cause, which
the Supreme Court has defined as "an actual belief or reasonable grounds of
suspicion."

Under this rule, the policeman does not need to actually witness the execution or
acts constituting the offense. But he must have direct knowledge, or view of the
crime, right after its commission.
 Investigation While the Suspect is “
At Large ” (meaning not under arrest
and detention as distinguished from
Fugitive from Justice)
 CRIME

COMPLAINT BY THE OFFENDED PARTY

 CONDUCT INTERVIEW
(Victim and Witnessess)
 SECURE THEIR AFFIDAVIT/S
POLICE INVESTIGATION  GATHER OTHER EVIDENCE
REQUIRED FOR
OFFENSE
WHERE THE FILING OF COMPLAINT  ISSUE SUBPOENA TO THE RESPONDENT/S
PRESCRIBE  RESPONDENT/S SUBMIT COUNTER AFFIDAVIT/S
PENALTY IS  PROSECUTOR RESOLVE DETERMINE PROBABLE
FOUR YEARS, CAUSE OF THE COMPLAINT BASED ON THE
PRELIMINARY INVESTIGATION
TWO MONTHS AFFIDAVT AND EVIDENCE OF BOTH PARTIES
(conducted by the Prosecution)
AND ONE DAY
REGARDLESS
OF FINE
FILING OF INFORMATION
(by the Prosecutor to the Court) YES PROBABLE CAUSE

ISSUANCE OF WARRANT OF ARREST

(by the Court) DISMISSAL OF
COMPLAINT

DETENTION
Investigation While the Suspect is
Under Detention
and Investigation
“Article 125. Delay in the delivery of detained persons to
the proper judicial authorities.—The penalties provided in
the next preceding article shall be imposed upon the public
officer or employee who shall detain any person for some legal
ground and shall fail to deliver such person to the proper judicial
authorities within the period of; twelve (12) hours, for crimes or
offenses punishable by light penalties, or their equivalent;
eighteen (18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent; and thirty-six (36)
hours, for crimes or offenses punishable by afflictive or capital
penalties, or their equivalent. In every case, the person
detained shall be informed of the cause of his detention and
shall be allowed upon his request, to communicate and confer
at any time with his attorney or counsel.
 Rule 113, Section 5
CRIME
Rules of Court

ARREST WITHOUT WARRANT  12 Light Felonies WAIVER OF RIGHTS ( ART . 125

 18 Less Grave Felonies RPC) Suspect/s remains in police
 36 Grave Feloies custody pending result of the PI.
or its equivalent
CUSTODIAL INVESTIGATION

FILING OF COMPLAINT  LEGALITY OF  LEGALITY OF ARREST

ARREST  PROBABLE CAUSE
 PROBABLE CAUSE

INQUEST PROCEEDING PRELIMINARY INVESTIGATION YES

NO YES FILING OF INFORMATION

ISSUANCE OF COMMITMENT ORDER DISMISSAL OF

COMPLAINT
DISMISSAL OF COMPLAINT

DETENTION
QUESTIONS?