Criminal Procedure Notes 3w164m

Criminal procedure Preliminary Investigation (Rule 112) What is a PI?  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 probable guilty thereof and should be held for trial.  PI is a summary proceeding with the end view to determining if there is a reasonable ground to believe that an offense is perpetrated and the respondent is probably guilty thereof and may be bound over to trial. Purpose: To secure the innocent against hasty, malicious, and oppressive prosecution and to protect him from an open and public accusation of a crime, the trouble, expense and anxiety of a public trial and to save the state from useless, expensive, longer and unnecessary trials.  Te determine whether a crime has been committed and whether there is probable cause to believe that the accused is guilty thereof.  To preserve the evidence and keep the witnesses within the control of the State.

When is PI proper?  PI is proper before the filing of the Information or Complaint for offenses where the penalty prescribed by law is at least 4 years, 1 month ans 7 days.

 The right to a PI is essentially a substantive right if granted by the statute, and the accused must be accorded full opportunity of a fair hearing. To deny him his right to a PI when asked for is a denial of his right to due process.  PI is not a constitutional right it is a statutory right, one can only invoked it when it is provided for by law.  The right to a PI is a personal right it can be waived expressly and impliedly.  Probable cause is determined by the prosecutor in the PI, probable cause is the existence of such facts and circumstances as would inspire a man of ordinary prudence to believe that an offense has been committed and the offender is probably guilty thereof.

Who are authorized to conduct a PI? 1. Provincial and City prosecutor and their assistants 2. National and Regional State prosecutors 3. Such other officers as may be authorized by law such as the COMELEC, Ombudsman and PCGG

4. Judges of the RTC’s

Inquest proceeding  Done by a prosecutor to determine if the arrest made was in accordance with law and not in violation of the accused’s rights.

Procedure

Filing of the criminal complaint with accompanying exhibits

Within 10 days after the filing, the investigating officer will either dismiss the complaint or issue subpoenas to the respondents

If subpoena is issued respondent has 10 days from receipt to submit his counter affidavit and his own evidence

If the investigating officer deems proper he shall conduct a hearing within 10 days from submission of counter affidavit

Resolution of the case If the resolution is not favourable the aggrieved party can appeal the case by filing a Petition for review with the Office of the Secretary of DOJ for cases cognizable by the RTC and the regional state prosecutor for cases cognizable by the MTC within 15 days from receipt of the Resolution