PRELIMINARY INVESTIGATION

Determine if crime has been

committed (Probable Cause)
PRELIMINARY INVESTIGATION

Remember: 4 years, 2 months, 1 day

(Section 1, Rule 112)
PRELIMINARY INVESTIGATION

Right may be waived, expressly or

impliedly
PRELIMINARY INVESTIGATION

Double Jeopardy does not set in

 DETERMINATION OF
PROBABLE CAUSE
Important to distinguish between 2
kinds: Executive and Judicial
 PROBABLE CAUSE
Existence of such facts and
circumstances as would excite the belief
in a reasonable mind that the person
charged is probable guilty of the crime
charged.
 PROBABLE CAUSE
Key: Look for the elements.
PERSONS AUTHORIZED TO
CONDUCT P.I.
National/Regional State Prosecutors,
Provincial/City Prosecutors
Others authorized by law
 TAKE NOTE

Katarungang Pambarangay,
Private Crimes,
Children In Conflict With Law
KATARUNGANG PAMBARANGAY

Gen. Rule: Barangay Conciliation is a

precondition for filing a complaint
 EXCEPTIONS
• Government is a party
• Accused is a Public Officer and dispute relates to
official functions
• Corporation, Partnership, or Juridical Entity
• Parties reside in barangays of different cities
• Penalty is imprisonment of more than 1 year or
fine of more than P5,000
• No private offended party
• Urgent legal action needed to prevent injustice
 PRIVATE CRIMES
cannot be prosecuted de officio
Concubinage, Adultery, Seduction,
Abduction, Defamation, Acts of
Lasciviousness
CHILDREN IN CONFLICT WITH
THE LAW
15 and below – Exempt with
Intervention
15-18 – Exempt subject to Intervention,
UNLESS acted with discernment
PRELIMINARY INVESTIGATION

Procedure: Complaint, Counter-

Affidavit, Clarificatory Questions
COMPLAINT / INFORMATION

If preliminary investigation is not

required, may be filed directly with
MTC, except in Manila and other
Chartered Cities
 INQUEST

Informal and summary investigation,

involving persons arrested and detained
without a warrant of arrest, to determine
whether said persons should remain under
custody and be charged in court.
 WARRANTLESS ARREST

Paragraphs (a) and (b) of Section 5,

Rule 113
 INQUEST PROCEDURE

Will arrested person avail of right to

Preliminary Investigation?
 IF YES TO P.I.

Execute a waiver of the provisions of

Article 125 (12-18-36 hour rule), with
assistance of counsel
 IF YES TO P.I.

Respondents will be detained. But

Preliminary Investigation should last
only 15 days
 IF NO TO P.I.

12-18-36 Rule applies.

Prosecutor to determine probable
cause based solely on complaint and
attached evidence
REMEDY IF NO PRELIMINARY
INVESTIGATION HELD
Accused to ask for a preliminary
investigation within 5 days from the
time he learns of the filing of a
complaint / information
 PETITION FOR REVIEW

When with Office of the Secretary

Regional State Prosecutor
Prosecutor General
PETITION FOR REVIEW

Within 15 days from Resolution

CONTENTS OF PETITION FOR
REVIEW
Parties, I.S. No. and Crim. Case No.,
Venue of P.I., Material Dates, Facts,
Assignment of Errors, Legal Bases,
Proof of Service, Verification
ATTACHMENTS OF PETITION FOR
REVIEW
Duplicate original or certified true
copy of Resolution appealed from;
Pleadings and evidence (no new);
Motion to Defer Proceedings
APPEAL FROM RESOLUTION ON
PETITION FOR REVIEW
Motion for Reconsideration to the
Secretary of Justice
APPEAL FROM MR TO SOJ

Appeal to the Office of the President

ONLY when offense charged is
punishable by Reclusion Perpetua
 CRESPO v. MOGUL
• Once an Information is filed in Court, any
disposition of the case rests on the sound
discretion of the Court;
• Courts generally adhere to the policy of non-
interference in the conduct of preliminary
investigations;
• Findings of the SOJ are only subject to review
when made with grave abuse of discretion.
 ARRAIGNMENT
Presence of the Accused;
Personally Enter Plea;
Information must be read in a language
understandable to him
 ARRAIGNMENT
Information must be sufficient in
form and substance
ARRAIGNMENT – PRESENCE OF
PRIVATE OFFENDED PARTY
For Plea Bargaining
Determination of Civil Liability
 PRE-TRIAL

Within 30 days from the date the

Court acquires jurisdiction over the
person of the accused
 PRE-TRIAL

Stipulation of Facts, Plea Bargaining,

Marking of Evidence, Number and
Names of Witnesses
 PRE-TRIAL

All agreements or admissions MUST

BE reduced in writing, signed by the
accused and counsel, and approved
by the Court
 BAIL

When not required – 6 months

When Bail is Matter of Right
When Bail is a Matter of Discretion
(death, reclusion perpetua, life)
TRIAL TECHNIQUES
PREPARING YOUR WITNESS

Meet and Confer

Let witnesses tell their story without
interrupting / arguing with them
 THE CASE
Remember facts by heart
Reinforce your theory continuously
Be ready with all applicable laws and
jurisprudence
 TRIAL PROPER
Personality of Lawyer
Court Decorum and Appearance
Humility
Style
 DIRECT EXAMINATION
“We are offering the testimony of A
to prove the material allegations in
the Information”
PREPARING FOR DIRECT
EXAMINATION
Q&A / Outline
Checklist of Purposes
Checklist of exhibits and accused to
be identified by the witness
CROSS EXAMINATION
Limitations
Goal: destroy/discredit, elicit
When not to cross
INTERPOSING OBJECTIONS
Documentary
Physical
Testimonial
 COMMON OBJECTIONS
• Witness is incompetent
• Question is immaterial / irrelevant
• Calls for a conclusion
• Calls for Opinion from a Witness who is not an
expert
• Leading
• Inadmissible
• Misleading / No Basis
 COMMON OBJECTIONS
• Calls for a Narration
• Compound Question
• Question is Vague
• Hypothetical
• Embarassing
• Right against Self-degradation
• Asked and Answered
• Argumentative (prompts a witness to draw
inferences from facts)
 COMMON OBJECTIONS
• Not covered by the purposes
• Hearsay Evidence
• Answer not Responsive to Question (Move to
STRIKE OUT answer)
• Privileged Communication
• Incriminating Question
• Evidence Illegally Obtained
• Best Evidence Rule
• Not covered on direct or cross
 PLEADINGS

Motions
Manifestations
Comment / Oppositions
FORMAL OFFER OF EVIDENCE

Enumerate your Exhibits

State Purposes
Indicate who identified
PROMULGATION