CRI 195: Technical English 2
Student’s Activity Sheet: Module # 6
Name: _________________________________________________________________ Class number: _______
Section: ____________ Schedule: ________________________________________ Date: ________________
Lesson title: Memo for Preliminary Investigation Materials:
Student Activity Sheet
Learning Targets: References:
At the end of the module, students will be able to: 1. [Link]
1. discuss memo for preliminary investigation; and library/remedial-law/criminal-
2. write a sample of memo for preliminary investigation. procedure/499-conduct-of-preliminary-
[Link]
2.[Link]
29258/MEMO-OF-PRELIMINARY-
INVESTIGATION
Productivity Tip: Review your week every Friday
“Review your diary/notes at the end of each week. Literally, print it out and review it. It will transform how you
spend your time.” – Scott Farquhar, Co-CEO at Atlassian
A. LESSON PREVIEW/REVIEW
Introduction (2 mins)
Hello again! Welcome to Technical English 2 Legal Forms. I hope you’re up for another topic in Technical
English 2, Legal Forms. In the previous lesson, we’ve tackled about memorandum and its part. You were also
able to construct your own memorandum. Today, we will discuss what a memo for preliminary investigation is,
and we will write a sample as well. Let’s get started!
B. MAIN LESSON
Activity 1: Content Notes
Instruction: Read and understand the notes provided, then answer the questions in the activities that
follow.
What is preliminary investigation?
➔ 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.
➔ Probable cause means such facts are sufficient to engender a well-founded belief that a crime has been.
committed and the respondent is probably guilty thereof.
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CRI 195: Technical English 2
Student’s Activity Sheet: Module # 6
Name: _________________________________________________________________ Class number: _______
Section: ____________ Schedule: ________________________________________ Date: ________________
➔ A preliminary investigation is required to be conducted before the filing of a compliant or information for
an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one
(1) day (4-2-1) without regard to the fine.
WHAT IS THE PURPOSE OF A PRELIMINARY INVESTIGATION?
1. To determine if 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.
2. To protect the accused from the inconvenience, expense, and burden of defending himself in a formal trial
unless the reasonable probability of his guilt has been first ascertained in a fairly summary proceeding by a
competent officer.
3. To secure the innocent against hasty, malicious and oppressive prosecution, and to protect him from an
open and public accusation of a crime, from the trouble, expense and anxiety of a public trial.
4. To protect the state from having to conduct useless and expensive trials.
WHEN IS PRELIMINARY INVESTIGATION REQUIRED?
➔ Before a complaint or information is filed, preliminary investigation is required for all offenses
punishable by imprisonment of at least 4 years, 2 months and 1 day, regardless of the fine, except if the accused
was arrested by virtue of a lawful arrest without warrant
➔ In case of lawful arrest without warrant: the complaint or information may be filed without a preliminary
investigation unless the accused asks for a preliminary investigation and waives his rights under Article 125
of the RPC.
➔ Whether or not there is a need for PI depends upon the imposable penalty for the crime charged in the complaint
filed with the city or provincial prosecutor’s office and not upon the imposable penalty for the crime fund to
have been committed by the respondent after a preliminary investigation.
CONDUCT OF PRELIMINARY INVESTIGATIONS
Sec. 2. Officers authorized to conduct preliminary investigations. – The following may conduct preliminary
investigations:
a. Provincial or City Prosecutors and their assistants;
b. National and Regional State Prosecutors; and
c. Other officers as may be authorized by law.
WHO MAY CONDUCT PRELIMINARY INVESTIGATIONS?
1. Provincial or city prosecutors and their assistants
2. National and Regional State prosecutors
3. COMELEC with respect to election offenses
4. Ombudsman with respect to Sandiganbayan offenses and other offenses committed by public officers
5. PCGG with respect to ill-gotten wealth
Can RTC judges conduct preliminary investigations?
No, but this should not be confused with the authority of the RTC to conduct an examination for the purpose of
determining probable cause when issuing a warrant of arrest.
Please refer to the sample of memo for preliminary investigation provided in the succeeding page.
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CRI 195: Technical English 2
Student’s Activity Sheet: Module # 6
Name: _________________________________________________________________ Class number: _______
Section: ____________ Schedule: ________________________________________ Date: ________________
Page 1
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CRI 195: Technical English 2
Student’s Activity Sheet: Module # 6
Name: _________________________________________________________________ Class number: _______
Section: ____________ Schedule: ________________________________________ Date: ________________
Page 2
Activity 2. Skill-building Activities
Let's get started! This is a self-evaluation exercise to see how much you have learned from the content notes.
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CRI 195: Technical English 2
Student’s Activity Sheet: Module # 6
Name: _________________________________________________________________ Class number: _______
Section: ____________ Schedule: ________________________________________ Date: ________________
Activity 2.1. Instruction: Make a Memo for Preliminary investigation by providing the necessary information for
each blank.
Score:
_____/20
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CRI 195: Technical English 2
Student’s Activity Sheet: Module # 6
Name: _________________________________________________________________ Class number: _______
Section: ____________ Schedule: ________________________________________ Date: ________________
Activity 2.2 One Minute Paper: Can a person arrested by virtue of warrantless arrest ask for a preliminary
investigation instead of inquest proceeding? Explain and cite your legal basis.
________________________________________________________________________________
________________________________________________________________________________
Score:
________________________________________________________________________________
________________________________________________________________________________
_____/10
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
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CRI 195: Technical English 2
Student’s Activity Sheet: Module # 6
Name: _________________________________________________________________ Class number: _______
Section: ____________ Schedule: ________________________________________ Date: ________________
Activity 3. Check for Understanding
By honestly responding to the questions, you can assess your grasp of the subjects covered in Score:
this self-evaluation assignment. Identify the terms provided. Write your answer before the number.
Two (2) points each. _____/10
_______________________1. Preliminary investigation is required for cases where the penalty is at least:
_______________________2. This denotes the existence of sufficient facts to support a reasonable suspicion
of a crime. committed, and the respondent is likely responsible.
_______________________3. This is conducted to ascertain whether there is enough evidence to support a
well-founded suspicion that a crime has been committed and the responder is likely guilty of it and should be
held in custody pending trial.
_______________________4. What is required for all offenses punishable by imprisonment of at least 4
years, 2 months and 1 day, regardless of the fine, except if the accused was arrested by virtue of a lawful
arrest without warrant?
_______________________5. Memo for Preliminary investigation shall be signed by the complainant or his
counsel, stenographer and:
C. LESSON WRAP-UP
Lesson Summary
✓ 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.
✓ The purpose of a preliminary investigation is to ascertain whether there is sufficient evidence to
support a well-founded suspicion that a crime has been committed and that the respondent should
be held in custody until trial.
✓ Officers authorized to conduct preliminary investigations are: 1. Provincial or City Prosecutors and
their assistants; 2. National and Regional State Prosecutors; and 3. other officers as may be
authorized by law.
Question: What is the remedy of the accused if there was no preliminary investigation conducted?
Answer: *Code: RICA P
1. Refuse to enter plea
2. Insist on a preliminary investigation
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CRI 195: Technical English 2
Student’s Activity Sheet: Module # 6
Name: _________________________________________________________________ Class number: _______
Section: ____________ Schedule: ________________________________________ Date: ________________
3. File certiorari if refused
4. Raise it as an error on appeal
5. File a petition for prohibition
Source: NO PRELIMINARY INVESTIGATION CONDUCTED, REMEDIES ([Link])
Thinking about Learning
Work Tracker
That’s it! You have successfully finished the lesson today. Let us track your progress. Shade the session number
you just completed. Kindly mark the place in the work tracker to help you track how much work they have
accomplished and how much work there is left to do.
[Link] you have challenges learning the concepts in this module? If none, which parts of the module helped you
learn the concepts?
________________________________________________________________________________________
________________________________________________________________________________
[Link] question/s I want to ask my teacher about this module is/are:
________________________________________________________________________________________
__________________________________________________________________________
ANSWER KEY
Answer Key to Activity 3. Check for Understanding
2 PTS each
1. 4 years, 2 months and 1 day
2. probable cause
3. preliminary investigation
4. preliminary investigation
5. investigating/investigation prosecutor
Total Points: 10 PTS
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