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Rule 112 Preliminary Investigation

The document outlines the steps for a preliminary investigation under Rule 112. It discusses (1) the filing of a complaint and affidavits, the investigation process, and the resolution within 10 days; (2) if no probable cause is found, a recommendation of dismissal is made, and if probable cause is found, an information is prepared; and (3) within 30 days, the court must determine if probable cause exists to issue an arrest warrant or dismiss the case.

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110 views1 page

Rule 112 Preliminary Investigation

The document outlines the steps for a preliminary investigation under Rule 112. It discusses (1) the filing of a complaint and affidavits, the investigation process, and the resolution within 10 days; (2) if no probable cause is found, a recommendation of dismissal is made, and if probable cause is found, an information is prepared; and (3) within 30 days, the court must determine if probable cause exists to issue an arrest warrant or dismiss the case.

Uploaded by

NARAG LAW OFFICE
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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RULE 112 PRELIMINARY INVESTIGATION

Steps:
Section 3 Filing of the complaint accompanied by the affidavits and supporting documents
which must be executed under oath
Within 10 days from filing, investigating officer shall either dismiss or issue
subpoena
If subpoena is issued, respondent shall submit a counter affidavit and other
supporting documents within 10 days from receipt
Optional clarificatory hearing shall be held within 10 days from submission of
counter affidavits or from the expiration of the period of submission
Resolution of Investigating Prosecutor within 10 days after the investigation
Section 4 No probable cause: Probable cause to hold respondent for
trial:
Issue recommendation of the
dismissal of the case Prepare resolution and Information

Within 5 days from resolution or recommendation of dismissal, forward the case


to:
(PCod)
1. provincial or city prosecutor
2. chief state prosecutor
3. ombudsman or deputy, in cases cognizable by the Sandiganbayan in the
exercise of its original jurisdiction

They shall act on the resolution or recommendation of dismissal within 10 days


from their receipt thereof and shall immediately inform the parties of such action
Aggrieved party from the decision of the superior officer may file a petition for
review to the DOJ
Information is filed in court if there is probable cause
Section 5 Court will determine whether there is probable cause for the issuance for the
warrant of arrest

Sec 5. Issuance of Warrant of Arrest


Within 10 days from filing, the judge must personally determine the existence of probable cause
Probable cause exists: No probable cause: In case of doubt, judge may
order prosecutor to present
Issue Warrant of Arrest or Dismiss case if record clearly fails to additional evidence within 5
Commitment Order establish days
Within 30 days from filing of Complaint or Information, Court must resolve issue
Probable cause exists: No probable cause:

Issue Warrant of Arrest or Commitment Order Dismiss case if record clearly fails to establish

Sec 6. Inquest
Referral documents received by Inquest Officer/ Prosecutor
Arrest properly effected: Arrest not properly effected:

Preliminary investigation may be conducted if Release shall be recommended


request or inquest proper
Determine if probable cause exists If evidence does not warrant PI, detained person
shall be released

Or a PI shall be conducted
If PC exists, Information shall be filed or release Determine if probable cause exists
shall be recommended
-x- If PC exists, Information shall be filed or release
shall be recommended

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