Philippine College of Criminology
Graduate School
PRELIMINARY
INVESTIGATION
PRELIMINARY
INVESTIGATION
It is an inquiry or proceeding to determine whether there
exists 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.
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Preliminary investigation is conducted on cases
punishable by:
at least four (4) years, two (2) months and one (1) day.
PRELIMINARY
INVESTIGATION
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OFFICERS AUTHORIZED TO
CONDUCT PRELIMINARY
INVESTIGATION
1. Provincial or city prosecutors and their assistants
2. National and Regional State Presecutors
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 cases
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For all other offenses, or for offenses which are penalized by law with lower
than at least 4 years, 2 months and 1 day without regard to the fine:
Instituted directly with the MTC and MCTC, or the complaint is filed with the
Office of the Prosecutor
Exceptions:
In Manila and other chartered cities, the complaint shall be filed with the
Office of the Prosecutor unless otherwise provided in their charters.
PRELIMINARY
INVESTIGATION
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REMEMBER:
The institution of the criminal action
shall interrupt the running period of
prescription of the offense charged
unless otherwise provided in special
laws.
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DETERMINATION OF
PROBABLE CAUSE
Judicial Determination of Probable cause
(Determination by the judge)
Executive Determination of Probable Cause
(Determination by the Prosecutor )
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PROBABLE CAUSE
Probable cause is defined as 'the existence of such
facts and circumstances as would excite the belief in
a reasonable mind, acting on the facts within the
knowledge of the prosecutor, that the person charged
was guilty of the crime for which he was prosecuted
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AFTER PRELIMINARY INVESTIGATION,
THE PROSECUTOR MAY:
1. Dismiss the complaint
2. File the Information
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DOJ DEPARTMENT
CIRCULAR NO. 008-A
DOJ Department Circular No. 008-A
Assessment of Pending Criminal Cases for Offenses Cognizable by
the Municipal Trial Courts (MTCs), Municipal Trial Courts in Cities
(MTCCs), and Metropolitan Trial Courts (MeTCs)
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G.R. NO. 263329
FERDINAND “VHONG” H. NAVARRO V.
DENIECE MILINETTE CORNEJO, THE
SECRETARY OF JUSTICE, AND HON.
VINCENT VILLENA, IN HIS CAPACITY AS
CITY PROSECUTOR OF TAGUIG
FEBRUARY 8, 2023.
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A preliminary investigation is not a hit or-miss endeavor where one could file
complaints one after another until he or she gets the desired results. Justice and fair
play dictate that Cornejo should not be permitted to materially change her theory in
her two previous complaints in a deliberate attempt to address or rectify the
weaknesses of her theories, as pointed out by the prosecutor in the dismissal
thereof, or worse, supplant or add new material allegations.
Indeed, the noted inconsistencies in all three complaints reveal Comejo's highly
deficient, unclear, and doubtful accounts of her purported harrowing experience in
the hands of Navarro. The CA, however, faulted the prosecutor with error in relying on
the inconsistencies, opining that these already touched on the issue of her credibility.
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[ G.R. NO. 210488, JANUARY 27, 2020 ]
JOSE MIGUEL T. ARROYO, PETITIONER,
VS. THE HON. SANDIGANBAYAN FIFTH
DIVISION AND PEOPLE OF THE
PHILIPPINES, RESPONDENTS.
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"Probable cause is defined as 'the existence of such facts and circumstances as would excite the
belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the
person charged was guilty of the crime for which he was prosecuted.'"[61] In Ganaden v.
Ombudsman,[62] this Court explained the nature of a finding of probable cause, thus:
[A] finding of probable cause needs only to rest on evidence showing that more likely than not a
crime has been committed and there is enough reason to believe that it was committed by the
accused. It need not be based on clear and convincing evidence of guilt, neither on evidence
establishing absolute certainty of guilt. A finding of probable cause merely binds over the suspect
to stand trial. It is not a pronouncement of guilt.
The term does not mean "actual and positive cause" nor does it import absolute certainty. It is
merely based on opinion and reasonable belief . . . . . Probable cause does not require an inquiry
into whether there is sufficient evidence to procure a conviction.[63] (Emphasis in the original)
The Ombudsman's finding of probable cause does not rule on the issue of guilt or innocence of
the accused. The Ombudsman is mandated to only evaluate the evidence presented by the
prosecution and the accused, and then determine if there is enough reason to believe that a crime
has been committed and that the accused is probably guilty of committing the crime.
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MARAMING
SALAMAT PO!
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