Article 53p. 53

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

should be held for trial.

35

A

preliminary

investigation

is essentially a judicial

inquiry since there is the opportunity to be heard, the

production and weighing of evidence, and a decision

rendered on the basis of such evidence. In this sense,

the investigating prosecutor is a quasi-judicial officer.

36

SEC.

2.

Purpose

of

preliminary

investigation .

-

A

preliminary investigation is intended:

a)

to secure the innocent against hasty, malicious

and oppressive prosecution and to protect him

from an open and public accusation of a crime

and from the trouble, expense and anxiety of a

public trial; and

37

b)

to protect the State from having to conduct

useless and expensive trials.

38

SEC.

3.

Nature

of

preliminary

investigation .

- The

conduct of a preliminary investigation is a substantive

right which the accused may invoke prior to or at least

at the time of plea, the deprivation of which would be a

denial of his right to due process.

SEC. 4. Effect of amendment of information . - In case an

information

is

amended,

a

new

preliminary

investigation

shall

be

conducted

if

the

amended

charge is not related to the crime originally charged; if

there is a change in the nature of the crime charged; or

if the information on its face is null and void for lack of

authority to file the same.

SEC. 5. where right of preliminary investigation may he

invoked . - The right to a preliminary investigation may

be invoked only in cases cognizable by the Regional

Trial Court. The right is not available in cases triable by

inferior courts.

SEC. 6. Officers Authorized to Conduct Preliminary

Investigation.

-

The

following

may

conduct

a

preliminary investigation;

39

a)

Provincial

or

City

Prosecutors

and

their

assistants;

b)

Judges of Municipal Trial Courts and Municipal

Circuit Trial Courts;

c)

National and Regional State Prosecutors; and

d)

Other officers as may be authorized by law.

40

Their authority to conduct preliminary investigation

shall include all crimes cognizable by the proper court

in their respective territorial jurisdiction.

41

SEC. 7. Commencement of Preliminary Investigation.- A

preliminary investigation proceeding is commenced:

a)

by the filing of a complaint by the offended

party or any competent person

directly with

42

the Office of the Investigating Prosecutor or

Judge;

b)

by referral from or upon request of the law

enforcement

agency

that

investigated

a

criminal incident;

35 Section 1, Rule 112, Rules on Criminal Procedure.

36 Cruz, Jr. vs. People, 233 SCRA 439 [1994].

37 People vs. Poculan, 167 SCRA 176 [1988]; Rodis, Sr. vs.

Sandiganbayan, Second Division, 166 SCRA 618 [19881; Salonga

vs.

Pano, 134 SCRA 438 [1985]; Trocio vs. Manta, 118 SCRA 241

[1982]; Sausi vs. Querubin, 62 SCRA 155 [1975]; and Hashim vs.

Boncan, 71 Phil. 216 [1941].

38 Tandoc vs. Resultan, 175 SCRA 37 [1989].

39 Par. 1, Sec. 2, Rule 112, supra.

40 The Special Prosecution Officers and Graft Investigation Officers in

cases cognizable by the Office of the Ombudsman and the

COMELEC officials in cases involving violations of the Election Code,

PCGG Officers

41 Par. 2, Section 2, Rule 112, supra.

42Ebarle vs. Sucaldito, 156 SCRA 803 [1987].

c)

upon request of a person arrested or detained

pursuant to a warrantless arrest who executes a

waiver of the provisions of Article 125 of the

Revised Penal Code, as amended;

d)

by order or upon directive of the court or other

competent authority; or

e)

for election offenses, upon the initiative of the

Commission

on

Elections,

or

upon

written

complaint by any citizen, candidate, registered

political party, coalition of registered parties or

organizations under the party-list system or any

accredited citizen arm of the Commission on

Elections.

43

SEC.

8.

Complaint .

-

For

purposes

of

preliminary

investigation, the complaint filed with the prosecutor's

office shall, as far as practicable, be accompanied or

covered by an Information Sheet and shall state, among

others -

a)

the full and complete names and exact home,

office or postal addresses of the complainant

and his witnesses;

b)

The full and complete name and exact home,

office or postal address of the respondent;

c)

The offense charged and the place and exact

date and time of its commission; and

d)

Whether or not there exists a related case and,

if so, the docket number of said case and the

name of the Investigating Prosecutor thereof.

SEC. 9. Supporting affidavits .- The complaint shall be

accompanied by the affidavits of the complainant and

his witnesses, as well as other supporting proofs or

documents, if any. The affidavits shall be sworn to

before a Provincial, City or State Prosecutor, or other

government official authorized to administer oaths or,

in their absence or unavailability, a notary public, who

must certify that he personally examined the affiants

and that he is satisfied that they voluntarily executed

and understood their affidavits.

44

When the preliminary investigation is commenced by

referral from or upon request of the law enforcement

agency that investigated the incident, the affidavits of

the complainant and his witnesses to be submitted by

the said agency shall consist of the original or duplicate

original or certified machine copies thereof.

SEC. 10. Number of copies of affidavits . - The complaint

and supporting affidavits shall be in such number of

copies as there are respondents, plus four (4) copies for

the court/official file.

Where a complaint charges multiple offenses which

cannot be the subject of one indictment or information,

the complainant may be required to submit such

additional copies of the complaint and supporting

affidavits

as

there

are

offenses

charged

in

the

complaint.

SEC. 11. Barangay certification . - If the offense charged

is punishable by imprisonment not exceeding one (1)

year or a fine not exceeding Five Thousand Pesos

(5,000.00) and the parties to the case are all residents of

the same city or municipality, the complaint shall be

accompanied

by

the

certification

required

under

Section

412

(a)

of

R.A.

Act

No.7160,

"The

Local

Government Code of 1991.

45

SEC. 12. Lack of barangay certification .- The absence of

a barangay certification shall not be a ground for the

dismissal

of

the

complaint.

The

Investigating

Prosecutor shall, however, make the corresponding

referral

of

the

complaint

to

the

proper

Lupong

43 Sections 3 & 5, Rule 34, COMELEC Rules of Procedure.

44 Sec. 3(a), Rule 112, Rules on Criminal Procedure.

45 See Appendix "0", List of Offenses cognizable by the Lupong

Tagapamayapa

(Crimes

Covered

by

the

Katarungang

Pambarangay).

© Compiled By RGL

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