Rule 112 Preliminary Investigation Rule 112.

Sec 1 Preliminary investigation defined Preliminary Investigation an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held for trial preliminary because it is yet to be followed by trial; only evidence as may engender a wellgrounded belief that an offense has been committed Purpose secure the innocent against hasty, malicious & oppressive prosecutions, protect him from open & public accusation of a crime, from the trouble, expense, anxiety of a public trial, and also to protect the state from useless and expensive prosecutions 3-fold purpose o To inquire concerning the commission of a crime and the connection of the accused with it, in order that he may be informed of the nature and character of the crime charged against him, and if, there is probable cause for believing him guilty, that the state may take the necessary steps to bring him to trial o To preserve the evidence and keep witnesses within the control of the state o To determine the amount of bail, if the offense is bailable Nature of right to preliminary investigation o Merely inquisitorial, not a trial on the merits o Sole purpose determine whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof o Not a judicial proceeding o Quasi-judicial function of prosecutor an officer of the executive department exercising powers akin to those of a court o Does not require the presence of the accused, may be conducted ex parte o Not a creation of the Constitution; Origin- Statutory o Generally not an essential part of due process of law (may be suppressed) o Exception it becomes a part of due process when granted by law

US V Marfori (conviction w/o prelim investigation w/o due process of law) Justice of peace who held the preliminary investigation discharged the accused on the ground
that he was not guilty of the crime with which he was charged. He appears to have been of opinion that the crime ofinjurias graves had not been committed, and that it was a mere misdemeanor of the class defined and penalized in book 3 of the Penal Code. the complaining witness renewed the complaint in the Court of First Instance, an information was filed in that court and the accused brought to trial thereon without further proceedings.

During arraignment, counsel for accused pleaded not to proceed (no jurisdiction) - no order remainding the accused for trial having been issued by a competent magistrate as a result of a preliminary trial held in accordance with law.

Trial judge proceeded and convicted the accused SC Reversed

However, in more recent cases, it was held that the absence of the preliminary investigation is not a ground to quash a complaint, instead, the following must be done: o o Hold in abeyance the proceedings Remand the case to the Office of the Provincial Fiscal/ Ombudsman

Waiver of preliminary investigation the right is a personal right, which may be waived by the accused either expressly or by implication. It is deemed waived when: o Accused failed to claim it before he pleaded o By his silence o Failure to request for it within 5 days from the time he learns of the filing of the complaint or information o When accused posted a bond for his release & subsequently proceeds to trial without claiming that he did not have the benefit of a preliminary investigation o Any irregularity that attended the investigation o Negligence of the accused to attend to the scheduled date of investigation o Absence of the accused o Posting bail & submitting to arraignment NOTE: Posting bail ALONE does not constitute waiver of right to preliminary investigation Cases wherein preliminary investigation is required depends upon the imposable penalty for the crime charged in the complaint or information filed and not upon the imposable penalty for the offense which may be found to have been committed by the accused after a preliminary investigation.

Rule 112 Sec 2 Officers authorized to conduct preliminary investigation 1. Provincial or city prosecutors & their assistants 2. National & Regional State Prosecutors 3. Other officers as may be authorized by law: a. Ombudsman b. Graft Investigator Officers c. Special Prosecutor d. COMELEC legal officers e. PCGG

Authority of Ombudsman to conduct preliminary investigation not exclusive, concurrent authority with regular courts RA 6670 - AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE OFFICE OF THE OMBUDSMAN, AND FOR OTHER PURPOSES Sec 15 of RA 6770 vests with the Ombudsman the power to investigate and prosecute any act or omission of public officers / employees regardless of WON they are cognizable by the Sandiganbayan (PLENARY POWER) Special Prosecutor limited only to those cases cognizable by the Sandiganbayan No need to deputize all prosecutors because they are already authorized by law to investigate the commission of crimes under the RPC (Revised Administrative Code)

Rule 112 Sec 3 PROCEDURE 30-45 days total 10 days for the investigating officer to dismiss / subpoena the respondent 10 days upon receipt of subpoena, for the respondent to file a counter-affidavit 10 days from the submission of counter-affidavit / expiration of period for filing the same 5 days max period of hearing 10 days after the preliminary investigation, investigating officer must determine WON there is a probable cause