Criminal Procedure 09/08/2025
Reviewer for Quiz: DOJ DC No. 028 (2024)
Rule I – Title, Scope, and Policies
Title: “2024 DOJ–NPS Rules on Summary Investigation and Expedited Preliminary
Investigation.”
Scope: Applies to investigation of crimes where penalty = 1 day to 6 years, fine (any amount),
or both.
Policies:
1. File information in court only when prima facie evidence with reasonable certainty of
conviction exists.
2. Executive and inquisitorial nature of summary/expedited PI.
3. Pro-active role of prosecutors.
4. Adoption of e-filing and virtual hearings.
Rule II – Quantum of Evidence
Standard: Prima facie evidence with reasonable certainty of conviction.
Rule III – Authority
Who may conduct: All prosecutors and prosecution attorneys under RA 10071, plus other
authorized officers.
Rule IV – Summary Investigation
Definition: Ex parte proceeding to check prima facie case.
When required: Offenses punishable by 1 day – 1 year OR fine only.
Procedure:
1. Complaint-affidavit with copies, witnesses, and evidence.
2. Docketing and assignment by prosecutor.
3. Dismissal if no prima facie evidence.
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Criminal Procedure 09/08/2025
Rule V – Expedited Preliminary Investigation
Definition: Determines if respondent should be indicted for offenses punishable by 1 day – 6
years.
Steps:
1. Complaint-affidavit with attachments.
2. Prosecutor evaluates within 3 days.
3. Case Build-Up (CBU) within 20 days if incomplete.
4. Subpoena issued within 5 days, hearing not later than 15 days.
5. No reply or rejoinder except if clarification is needed.
6. Virtual Expedited PI allowed.
Rule VI – Prohibited Pleadings
Motion to dismiss/quash (except jurisdiction).
Motion for bill of particulars.
Motion for extension of time.
Memoranda.
Dilatory postponement motions.
Rule VII – Disposition of Cases
Resolution & Information: Must certify under oath that evidence was examined and prima
facie case exists.
Resolution timelines:
1. Summary investigation – immediate resolution.
2. Expedited PI – resolution within 20 days.
Approval: Prosecutor General, City, or Provincial Prosecutor.
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Rule VIII – Motion for Reconsideration
Allowed only in Expedited PI.
Must be filed within 10 days from receipt of resolution.
Not allowed in summary investigation.
Rule IX – Effectivity, Repealing, and Construction
Effectivity: 15 days after publication.
Repealing Clause: Repeals inconsistent rules.
Construction: Consistent with DOJ orders; Rules of Court apply suppletorily.
Reviewer – DOJ DC 028 (2024)
General Title, Scope, Policies
1. What is the title of the rules?
2024 DOJ–NPS Rules on Summary Investigation and Expedited Preliminary Investigation.
2. What is the scope of the rules?
They govern the investigation of crimes where the penalty is 1 day to 6 years, fine regardless of
amount, or both.
3. What is the quantum of evidence required?
Prima facie evidence with reasonable certainty of conviction.
4. What policies are emphasized?
(a) Executive and inquisitorial nature of investigations,
(b) Proactive role of prosecutors,
(c) Use of e-filing and virtual hearings.
Authority
5. Who may conduct investigations under these rules?
All prosecutors, prosecution attorneys, and other officers allowed by law.
6. Who has jurisdiction over all crimes committed in the Philippines, including national security?
The DOJ Secretary of Justice Prosecution Staff.
7. Who has jurisdiction over crimes and ordinance violations within territorial jurisdictions?
City, provincial, and regional prosecutors and their assistants.
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Summary Investigation
8. What is a summary investigation?
An ex parte proceeding to determine probable cause for crimes punishable by 1 day to 1 year or
fines.
9. What initiates a summary investigation?
Filing of a complaint-affidavit with IDF (Investigation Data Form).
10. What must a complaint-affidavit contain?
Names and addresses of parties, date/place of crime, facts, supporting affidavits, and evidence.
11. What if there is no prima facie evidence?
The investigating prosecutor recommends dismissal.
12. What if prima facie evidence exists?
The prosecutor recommends filing of information in court.
Expedited Preliminary Investigation
13. What is an expedited preliminary investigation?
A process to determine probable cause for crimes punishable by 1 year and 1 day to 6 years.
14. When is it applicable?
If the case falls under first-level courts (MTC, MTCC, MCTC).
15. What initiates an expedited preliminary investigation?
Filing of a complaint-affidavit with IDF under oath.
16. Within how many days must evidence be evaluated for sufficiency?
Within 3 calendar days.
17. What if the complaint is insufficient?
A Case Build-Up (CBU) is conducted within 20 days.
18. How soon must the investigating prosecutor issue subpoenas?
Within 5 calendar days from receipt of complete records.
19. What is the maximum period for the hearing date in expedited investigations?
15 calendar days from receipt of case records.
20. Are reply or rejoinder affidavits allowed?
No, except for clarificatory hearings if needed.
21. What rule applies for voluminous records?
Section 10(d) of DC 15: Secure copies of records at least 5 days before hearing.
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Virtual Hearings
22. Are virtual hearings allowed?
Yes, under DC 15 procedure, with modifications for expedited preliminary investigation.
23. What is the maximum period to submit a counter-affidavit in virtual proceedings?
5 calendar days.
Prohibited Pleadings
24. Name 5 pleadings not allowed.
(1) Motion to dismiss/quash (except lack of jurisdiction),
(2) Motion for bill of particulars,
(3) Motion for extension of time,
(4) Memoranda,
(5) Dilatory motions for postponement.
Disposition of Cases
25. What must the certification of prosecutors state?
That they personally examined the complaint, evidence, and found prima facie evidence with
reasonable certainty of conviction.
26. When is prior authority needed before filing information?
When filing with the court, approval of Prosecutor General, City, or Provincial Prosecutor is
required.
27. What must accompany the information filed in court?
Resolution on the case, complaint-affidavit, counter-affidavits, affidavits of witnesses, and relevant
evidence.
Period to Resolve
28. How soon must summary investigation cases be resolved?
Immediately upon receipt of entire records.
29. How soon must expedited preliminary investigations be resolved?
Within 20 calendar days from receipt of entire records.
30. How soon must recommendatory resolutions be acted upon?
Within 5 calendar days by Prosecutor General or City/Provincial Prosecutor.
Motion for Reconsideration
31. Is a motion for reconsideration allowed in summary investigations?
No.
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32. Is a motion for reconsideration allowed in expedited preliminary investigations?
Yes, to be filed within 10 calendar days from receipt of resolution.
Effectivity and Repeal
33. When do the rules take effect?
After 15 calendar days from publication in the Official Gazette or two newspapers.
34. What happens to inconsistent rules?
They are repealed.
35. How should these rules be construed?
In harmony with other DOJ rules and the Rules of Court, which apply suppletorily.
Key Definitions and Applications
36. What is prima facie evidence?
Evidence sufficient to establish a fact unless rebutted.
37. What is reasonable certainty of conviction?
Likelihood of conviction if the case goes to trial based on evidence.
38. What is Case Build-Up (CBU)?
A process to complete evidence if complaint-affidavit is insufficient.
39. Who approves resolution and information before filing?
The Prosecutor General or duly authorized prosecutors.
40. What is the effect of these rules on DOJ investigations?
They institutionalize faster, more efficient, and technology-enabled investigations while protecting
due process.
