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• Preliminary Investigation


  An inquiry held for the purpose of ascertaining whether or not probable cause is present. It is intended to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation of crime. It is further intended to protect the State from useless and expensive trial.
• When is a Preliminary Investigation required?

  When the imposable penalty for the crime charged is at least 4 years, 2 months, and 1 day (4:2:1) imprisonment without regard to the fine.
• Probable Cause


  The existence of sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof. If probable cause exists, the respondent should be held for trial.
• When may an arrested person ask for a preliminary investigation?

  1. Before the filing of complaint or information in court

  2. Within 5 days from the time he learns that a complaint or information is already filed against him in court
• Waiver in asking for preliminary investigation

  The arrested person must sign a waiver to renounce his right under Article 125 of the Revised Penal Code. Notwithstanding the waiver, he may apply for bail.
• Who may conduct preliminary investigation?

  • Provincial or city prosecutor and their assistants
  • National and Regional state prosecutors
  • Other officers as provided by law
• Procedure in conducting preliminary investigation by the investigating prosecutor

  1. Filing of the complaint

  2. Dismissal of the complaint or issuance of subpoena by the investigating officer

  3. Submission of counter affidavit (answer) by the respondent

  4. Clarification

  5. Issuance of resolution

  6. Transmittal of the record of the case
• Complaint


  A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.
• Information


  An accusation in writing charging a person with an offense, subscribed by the prosecutor and filed in court.
• Distinctions between complaint and information

  • The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who appear to be responsible for the offense involved.
  • A complaint is a sworn written statement, while information is an accusation in writing.
  • A complaint is subscribed by the offended party, any peace officer, or other public officers charged with the enforcement of the law violated, while information is subscribed by the prosecutor.
  • A complaint is filed either in the prosecutor's office or in court, while information is filed only in court.
• Court


  A body to which the public administration of justice is delegated, being a tribunal officially assembled under authority of law at the appropriate time and place for the administration of justice through which the State enforces its sovereign rights and powers. It is an entity or body in which a portion of judicial power is vested.
• Judge


  An officer so named in his commission who presides in some court; a public officer, appointed to preside to and administer the law in a court of justice.
• If a case is filed in court, the first issue that the court must resolve is whether it has jurisdiction over the case. If the court has jurisdiction, it shall hear the case; otherwise, the only power it has is to dismiss the case.
• Preliminary Investigation


  An inquiry held for the purpose of ascertaining whether or not probable cause is present. It is intended to secure the innocent against hasty, malicious and oppressive prosecution and to protect him from an open and public accusation of crime. It is further intended to protect the State from useless and expensive trial.
• When is Preliminary Investigation required

  • When the imposable penalty for the crime charged is at least 4 years, 2 months, and 1 day (4:2:1) imprisonment without regard to the fine.
• Probable Cause


  The existence of sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof. If probable cause exists, the respondent should be held for trial.
• When may an arrested person ask for a preliminary investigation

  1. Before the filing of complaint or information in court

  2. Within 5 days from the time he learns that a complaint or information is already filed against him in court
• In asking for a preliminary investigation, the arrested person must sign a waiver to renounce his right under Article 125 of the Revised Penal Code. Notwithstanding the waiver, he may apply for bail.
• Who may conduct preliminary investigation

  • Provincial or city prosecutor and their assistants
  • National and Regional state prosecutors
  • Other officers as law
• The authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective jurisdiction.
• Jurisdiction


  The power and authority to hear, try, and decide a case
• Types of Jurisdiction


  • Original jurisdiction
  • Appellate jurisdiction
  • Exclusive jurisdiction
  • Concurrent jurisdiction
  • General jurisdiction
  • Limited jurisdiction
  • Criminal jurisdiction
  • Civil jurisdiction
• Original jurisdiction


  The power and authority to hear, try and decide cases brought in the court, body, or tribunal for the first time
• Appellate jurisdiction


  The power and authority to hear, try and decide cases previously heard by a lower court, body, or tribunal
• Exclusive jurisdiction


  The power and authority to hear, try and decide cases to the exclusion of other courts, body, or tribunal
• Concurrent jurisdiction


  The power and authority to hear, try and decide cases that may be brought to two or more courts, body, or tribunal
• General jurisdiction


  The power and authority to decide all cases which may come before it except those assigned to other courts, body, or tribunal
• Limited jurisdiction


  The power and authority to hear and determine only cases specified by law to be within its jurisdiction
• Criminal jurisdiction


  The power and authority to hear cases which are criminal in nature
• Civil jurisdiction


  The power and authority to hear cases not criminal in nature
• Arraignment


  A mini trial made in open court by the judge or clerk furnishing the accused of the copy of the complaint or information, reading the same in a language or dialect known to him, and asking him whether he pleads guilty or not guilty
• Recognizance


  A person may be released on recognizance under the following instances only: When the offense committed is light; When the offender is minor; or When the offender applies for probation.
• When bail is a matter of right

  • Before or after conviction by the Metropolitan Trial Court, Municipal Trail Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court
  • Before conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment
• Bail is discretionary


  Upon conviction by the Regional Trial Court of an offense not punishable by death, reclusion perpetua, or life imprisonment
• In cases not stated above, bail will be denied outrightly
• No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the state of the criminal prosecution
• Capital offense


  An offense that may be punished with death
• Capital penalty


  Death penalty
• Upon filing of the complaint or information in court, the accused faces two charges and these are the criminal case and the civil case
• The institution of criminal action implies the institution of civil action except if the civil action is waived or reserved