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C. Title III - Rule 112 - Preliminary Investigation & Inquest - Coggle…
C. Title III - Rule 112 - Preliminary Investigation & Inquest
DEFINITION (112 Sec. 1)
- 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.
Purpose
(Callo-Claridad v. Esteban)
To inquire concerning the commission of a crime and the connection of the accused with it, in order that he may be informed of the nature and character of the crime charged against him, and, if there is probable cause fo rbelieving him guilty, that the State shall take the necessary steps to bring him to trial
To preserve the evidence and keep the witnesses within the control of the State
To determine the amount of bail if the offense is bailable.
Control over PI (Unilever PH v. Tan)
- Function that belongs to the public prosecutor.
GR
- Cannot reverse findings of public prosec
XCPN
- In clear cases of grave abuse of discretion.
NATURE
- Mere inquiry or proceeding. Does not involve examination of witnesses, Only to find probably cause of guilt to refer case to trial.
WHO MAY CONDUCT
Provincial or City Prosecutors and their Assistants
National and Regional State Prosoecutors
Other officers authorized by law (Ombudsman, PCGG, COMELEC but only in relation to their authority)
When Necessary -
before the filing of a complaint or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine.
Substantive Right -
Right to a preliminary investigation is a statutory and substantive right. Denial of this is denial of due process. (Ocampo v. Abando)
WAIVER
- Right to preliminary investigation may be waived for failure to invoke it prior to, or at the time of the plea. (People v. Gomez)
PROBABLE CAUSE (Estrada v. Office of the Ombudsman)
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.
NATURE
- Implies a probability of guilt that is more than bare suspicion, but less than evidence to justify a conviction. It does not require an inquiry into whether there is sufficient evidence to procure a conviction. Need not be based on clear and convincing evidence of guilt. Mere reasonable belief sufficient.
EVIDENCE
- Evidence supporting probable cause need not adhere to rules of evidence. (Estrada v. Office of the Ombudsman)
AUTHENTICITY OF SIGNATURES -
Matter of evidence best ventilated in a trial. Thus, improper to rule on this during preliminary investigation. (Shu v. Dee)
CONTINUOUS TRIAL -
Once a prosecutor files information before the courts, rules on continuous trial prohibits the fling of a motion for re-investigation on unmeritorious grounds. (Continuous Trial, Section III)
PROBABLE CAUSE; Executive/Judiciary
Executive
- Finding of probable cause here based on charging a person for committing a crime and holding them for trial. Finding is during preliminary investigation.
Judiciary
Warrant of Arrest
- Finding of probable cause here is is anchored on judge issuing a warrant of arrest. Metric is w/n there is a necessity to place the accused under custody in order not to frustrate the ends of justice. (People v. Castillo)
Search Warrant
- Determination of probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized.
WARRANTLESS ARREST
(ROC Rule 113 Sec. 5b) - Arresting officer or private person when an offense has just been committed and they have probable cause to believe based on PERSONAL knowledge of facts or circumstances that the person to be arrested has committed it.
PROCEDURE (112 Sec. 3)
PROCEDURE FOR CASES WITHOUT PI
INQUEST
- Applies when the accused has been lawfully arrested without a warrant.
Nature
- A summary investigation, does not follow the procedures for preliminary investigation.
By Whom
- A public prosecutor assigned to inquest duties. Inquest Officer.
Where Conducted
- Only at police stations/headquarters of the PNP unless otherwise directed.
Multiple Inquests
- The inquest conducted must pertain to the offense for which the detainee was arrested. Otherwise, inquest is void. (Beltran v. People)
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When Commenced
- From the time the Inquest Officer receives the complaint and referral documents from law enforcement.
PROCEDURE
1. Lawful Arrest -
Inquest Officer determines if the detained person has been arrested lawfully in accordance with Rule 113 Sec.5
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1. Complaint filed directly with the prosecutor
- Procedure in 112 3a is observed. Prosecutor acts on complaint based on affidavits and other supporting documents within (10) days from the filing.
SUBPOENA & COUNTER-AFFIDAVITS
- No need, these only required in offenses with a PI. Same Rule applies for both modes.
2
. Filing the complaint or information with the MTC directly. (Rule 112 Sec. 8)
6. Filing of Complaint Before the Trial Court
- Within (10) days from filing of the complaint, judge shall personally evaluate the resolution of the prosecutor.
OPTIONS OF TRIAL COURT UPON FILING OF INFORMATION
- Judge must resolve within (10) days from the filing of the complaint or the information.
a.
DISMISS
- the case if evidence on record failed to establish probable cause
Finality
- A dismissal of case for lack of probable cause is a final order. Proper remedy by the SolGen is to appeal, not certiorari. (Cajipe v. People)
WITHDRAWAL OF INFORMATION
- The Trial Court is not bound by the withdrawal of the information by the SoJ or prosecutor. It is bound to assess independently the merits of the motion. Final disposition is within its exclusive jurisdiction, competence and discretion. (Kua v. Sacupayo)
b. Issue a
Warrant of Arrest
- if there is a finding of probable cause.
WARRANT NOT NECESSARY (Rule 112 Sec. 5c)
Lawful warrantless arrest
- Complaint or information is filed pursuant to a or accused is otherwise already detained. Here, commitment order not warrant.
FINE
-When the offense charged is punishable only by a fine.
SUMMARY PROCEDURE
- Unless the accused fails to appear whenever required. (Uy v. Javellana)
c.
Order prosecutor
- to present additional evidence within (10) days from notice.
DISMISSAL
- If still no probable cause despite additional evidence, dismiss within (10) days from submission of additional evidence or expiration of said period. (Rule 112 8b)
Note that these are the only options possible for the Trial Court judge. They can't do something else.
Motion for Re-investigation (DOJ Circ. 70)
- Prohibited pleading if information is already filed if PI is required.
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Filing of complaint with the prosecutor
- Complaint is required to state the address of the respondents and must be accompanied by:
a. Affidavits of the complainant
b. Affidavits of his witnesses
c. Other supporting documents
Investigating officer shall either dismiss or issue a subpoena to respondent -
In any case, officer has (10) days from the filing of the complaint to decide.
3. Respondent shall submit his counter affidavit (112.3)
- Respondent is given (10) days from receipt of the subpoena to submit their own counter-affidavit, witness affidavits and other supporting documents. These must be subscribed and sworn in the same procedure as affidavits of complainant.
4. Investigating officer shall determine whether there is probable cause to hold respondent for trial
NO PROBABLE CAUSE -
Investigating officer shall recommend the dismissal of the complaint.
WITH PROBABLE CAUSE
- Officer shall prepare both resolution and information with a certification.
Certification Rule 112 Sec. 4)
- Information must be with certification on the part of the investigating officer under oath wherein they certify the following:
That he, or as shown by the record an authorized officer has personally examined the complainant and witnesses
There is reasonable ground to believe that a crime has been committed
Accused is probably guilty thereof
Accused was informed of the complaint and of the evidence submitted against him
Accused was given opportunity to submit controverting evidence.
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5. Investigating Officer Forwards Records for Filing or Dismissal
- Within (5) days from resolution, shall forward case to provincial/state/city prosec/Ombudsman for their decision.
RESOLUTION
- Officers shall act on the resolution within (10) days of receipt.
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6. Filing of Complaint Before the Trial Court
- Within (10) days from filing of the complaint, judge shall personally evaluate the resolution of the prosecutor.
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a. Cannot be Subpoenaed/Non-Submission
- If he cannot be subpoenaed or does not submit it within (10) day period, investigating officer shall resolve based on evidence presented. So long as efforts to reach respondent were made and given an opportunity to present countervailing evidence, PI is valid.
b. Clarificatory hearing -
May be set by the investigating prosecutor within (10) days from submission of CA or, within (10) days from expiration of the period for CA submission.
NO CROSS
- Parties in the hearing cannot examine or cross-examine each other's witnesses. They can only submit questions to the investigating officer who shall ask questions.
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RIGHTS OF COMPLAINANT
- Complainant has right to receive a copy of the respondent's counter-affidavit. Failure of prosecutor to do this is a procedural defect. (Artillero v. Casimiro)
Right of Co-respondent (Estrada v. Ombudsman)
- Unlike the complainant, the co-respondent has no right to receive the counter-affidavits of his co-respondents. Failure to furnish does not give rise to procedural defects.
1
DISMISSAL
- When officer finds no grounds to conduct the investigation.
2
SUBPOENA
- Officer finds grounds to continue the investigation. Subpoena must be accompanied with:
Copy of the Complaint
Supporting Affidavits and documents
COUNTER-AFFIDAVITS of Co-Respondents
- Need not be included in the Subpoena/furnished to the respondent. Their right extends only to rigt to examine evidence submitted by the complainant. (Estrada v. Office of the Ombudsman)
OBJECTS AS EVIDENCE
- Need not be included. But, must be made available to the requesting party for examination, copying or photographing at their expense. (Rule 112 3b)
VOLUMINOUS EVIDENCE
- Respondent has a right to examine the evidence and copy them at his expense. If the evidence is voluminous, complainant may be required to specify those which he intends to present which shall be made available for copying and examination at the respondent's expense. (Rule 112 3b)
PURPOSE OF DOCUMENTS
- To establish probable cause. Number of copies to be filed equivalent to number of respondents + 2 copies for official filing.
COMPLAINT IN P.I. AND IN CRIMINAL COMPLAINT
-
Complaint in Criminal Complaint
- Latter refers to a complaint in Rule 110 Sec. 3 in which the averments must be contained in one document, charging only one offense.
Complaint in PI
- all documents filed before the prosecutor, not merely affidavit.
SWORN AFFIDAVITS
- Affidavits must be subscribed and sworn before prosecutor, government official authorized or, notary public of the first two are unavailable. (Rule 112 3a)
Effect of Absence of PI
- Does not affect the jurisdiction of the court nor does it render the information defective.
Not a grounds for quashal.
Instead, Court should
remand the case to the prosecutor
so that investigation may be conducted. (Socrates v. Sandiganbayan)
But a motion for reinvestigation is PROHIBITED under 2(b)(iii) of the Revised Guidelines for Continuous Trial of Criminal Cases
under the ff. Circumstances:
Motion is filed w/o prior leave of court,
When preliminary investigation (PI) isn’t required under Sec. 8, Rule 112,
When PI was conducted but the grounds it used are not meritorious