Rule 112.
Preliminary Investigation
- Procedure is found in section 3.
- The prosecutor can complete his preliminary investigation even if the respondent has not
submitted his counter-affidavit. He shall proceed with the affidavit submitted by the
complainant.
- Benedicto vs CA
o Benedicto fled to the US after Marcos was overthrown from Malacanang.
o While he was in the US, a criminal complaint was filed against him. What the DOJ
did was proceed with the preliminary investigation based on the documents and
affidavit from the complainant.
o When they were allowed to come back to the Philippines, they questioned the
absence of preliminary investigation. But they questioned this when they already
were arraigned.
o The Supreme Court said that there was a preliminary investigation.
o If you want to question the preliminary investigation, it should be done before
arraignment.
- After a counter-affidavit was submitted, and they wanted to clarify something, then a
clarificatory hearing is done. Both parties cannot cross-examine. Only the prosecutor can
propound questions.
- If you want to question the preliminary investigation, you can file a petition for certiorari
only in cases of grave abuse of discretion.
- Determination of probable cause in the courts is to determine whether to issue a warrant of
arrest or not.
- General Rule: Only the prosecutor can file a criminal case in court. There is an exception.
- The judge should do a judicial determination of probable cause for the issuance of warrant
of arrest.
- When covered by the Rules of Summary Procedure, the rules on Criminal Procedure will not
apply.
- When the penalty is 6 months below (Covered by the Rules on Summary Procedure), the
court should not issue immediately warrant of arrest. The court must first subpoena the
respondent. If the respondent will not appear, only then the court can issue a warrant of
arrest.
- If in cases where the penalty is more than 6 months but not more than 4 years, 2 months,
and one day, there is no need for preliminary investigation but the prosecutor is not
prohibited from conducting one so long as the prosecutor knows the prescriptive period of
the case. Read Rule 112, Section 8, A.
- Why is it necessary to conduct preliminary investigation? To reduce influx of case that is
filed in court. So that those malicious filing of cases will be dismissed and will protect those
innocent from being harassed. The preliminary investigation will screen cases so that those
cases only with supporting evidence and there is a probability that the person is guilty, will
be the only ones filed in court.
RULE 113.
-Arrest is the taking of custody of a person by the police officer or the law enforcers and their
movement be controlled.
- An arrest is made for the purpose of making a person answerable for the commission of a
crime. If the purpose is not for answering for a commission of a crime, then that is not arrest.
That might be detention or kidnapping.
- An arrest when made by the lawful issuance of a court, then an arrest is legal. An arrest can be
illegal too. There are also instances that even if there is no warrant of arrest is lawfully issued by
the court, it is still legal. That is found in section 5. Citizen’s Arrest.
-Section 5
- Paragraph A is in flagrante delicto, caught in the act. (People vs Stephen..)
*usually done in buy-bust operation.
- Paragraph B, continuing crime or hot pursuit arrest.
