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    112 Preliminary Investigation

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    ElijahBactol
    1) A preliminary investigation (PI) is required before filing a complaint in court for any crime punishable by at least 4 years and 1 day in prison or more, regardless of any fine. 2) Prosecutors and other authorized officers conduct PIs to determine if there is probable cause that a crime has been committed and the respondent is likely guilty. 3) The investigation process includes the complainant filing a complaint with affidavits within 10 days, the respondent submitting a counter-affidavit within another 10 days, and the investigating officer determining in 10 days after if there is sufficient evidence to hold the respondent for trial.

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    112 Preliminary Investigation

    Uploaded by

    ElijahBactol
    184 views1 page
    1) A preliminary investigation (PI) is required before filing a complaint in court for any crime punishable by at least 4 years and 1 day in prison or more, regardless of any fine. 2) Prosecutors and other authorized officers conduct PIs to determine if there is probable cause that a crime has been committed and the respondent is likely guilty. 3) The investigation process includes the complainant filing a complaint with affidavits within 10 days, the respondent submitting a counter-affidavit within another 10 days, and the investigating officer determining in 10 days after if there is sufficient evidence to hold the respondent for trial.

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    steps in PI

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    1) A preliminary investigation (PI) is required before filing a complaint in court for any crime punishable by at least 4 years and 1 day in prison or more, regardless of any fine. 2) Prosecutors and other authorized officers conduct PIs to determine if there is probable cause that a crime has been committed and the respondent is likely guilty. 3) The investigation process includes the complainant filing a complaint with affidavits within 10 days, the respondent submitting a counter-affidavit within another 10 days, and the investigating officer determining in 10 days after if there is sufficient evidence to hold the respondent for trial.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    184 views1 page

    112 Preliminary Investigation

    Uploaded by

    ElijahBactol
    1) A preliminary investigation (PI) is required before filing a complaint in court for any crime punishable by at least 4 years and 1 day in prison or more, regardless of any fine. 2) Prosecutors and other authorized officers conduct PIs to determine if there is probable cause that a crime has been committed and the respondent is likely guilty. 3) The investigation process includes the complainant filing a complaint with affidavits within 10 days, the respondent submitting a counter-affidavit within another 10 days, and the investigating officer determining in 10 days after if there is sufficient evidence to hold the respondent for trial.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    112 PRELIMINARY INVESTIGATION

    SEC 1. PI-An inquiry or proceeding to determine whether there is


    PI is required BEFORE the filing of complaint or
    sufficient ground to engender a well-founded belief that a crime
    information for an offense where the penalty prescribed
    has been committed and the respondent is probably guilty
    is at least 4-2-1 without regard to the fine.
    thereof, and should be held for trial.

    Sec 2. Officers authorized to conduct PI:


    1. provincial or city prosecutors and their assistants
    2. national and Regional State Prosecutors
    3. Other officers as may be authorized by law

    Complaint shall state the address of the respondent+affidavits of the complainant


    and his witnesses+other supporting documents to establish probable cause. (they
    shall be in such number of copies as there are respondents plus 2 copies for the
    official file

    10 days

    Investigating officer shall either dismiss it if he finds no ground to continue with


    the investigation or issue subpoena attaching to it a copy of the complaint and
    its supporting affidavits of documents

    10 days

    10 days from receipt of subpoena with the complaint, respondent shall submit his
    counter-affidavit and that of his witnesses and other supporting documents relied
    upon for his defense. Respondent shall not be allowed to file a motion to dismiss in
    lieu of a counter-affidavit
    10 days

    Respondent cannot be subpoenaed, or if subpoenaed, does not submit a c-a within


    10 days, the investigating officer (IO) shall resolve the complaint based on the
    evidence presented by the complainant. IO MAY set a hearing if there are facts and
    issues to be clarified from a party or a witness.
    10 days

    Hearing shall be heard within 10 days from submission of the c-a or from the expiration
    of the period for their submission. It shall be terminated within 5 days.

    10 days

    Witin 10 days after the investigation, the IO shall determine whether or not there is
    sufficient ground to hold the respondent for trial

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