RULE 112, 113: PRELIMINARY INVESTIGATION – ISSUANCE OF WARRANT
1. FILING OF COMPLAINT w/in 10 days from
filing, no ground to
• address of respondent
• affidavit of complainants and his
witnesses
• supporting documents
• subscribed and sworn before any
prosecutor, gov’t official, notary public
– must personally examine and satisfy
that they voluntarily executed and
understood their affidavits
• copies = # of respondents + 2
w/in 10 days from filing
2a. ISSUING A SUBPOENA
• to respondent
• attaching the copy of the complaint
and its supporting affidavits and
documents
• respondent has right to examine
evidence submitted which he may not
have been furnished
• if evidence is voluminous, the
complainant may be required to
specify those which he intends to
present against the respondent
• respondent may copy the evidence at
his own expense
• object evidence need not be furnished
but shall be available for examination, subpoenaed OR if
copying, or photographing at the
expense of the requesting party
w/in 10 days from receipt
3. COUNTER-AFFIDAVIT
• respondent shall submit his counter-
affidavit and that of his witnesses and
other supporting documents relied
upon for his defense
• subscribed and sworn before any
prosecutor, gov’t official, notary public counter-affidavit or
– must personally examine and satisfy expiration of period
that they voluntarily executed and
understood their affidavits
• respondent not allowed to file a motion
to dismiss in lieu of a counter-affidavit
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2b. DISMISSAL by 7. FORWARDING TO PROV/CITY PROSECUTOR OR CHIEF STATE
investigating officer PORSECUTOR OR OMB OR DEPUTY
continue
• act on the resolution within 10 days from receipt
w/in 5 days
• no complaint or information may be filed or dismissed by an
6a. PREPARATION OF RESOLUTION from
investigating prosecutor without the prior written authority or
OF THE INVESTIGATING OFFICER resolution
approval from them
• if investigating prosecutor recommends dismissal but they
• certify under oath in the information:
o that he, or as shown by the disapprove it, they may file the information against the
respondent, or direct any other assistant prosecutor or state
record, an authorized officer,
has personally examined the prosecutor to do so without conducting another preliminary
investigation
complainant and his witnesses
o that there is reasonable ground • if upon petition by a proper party DOJ rules or motu proprio, the
to believe that a crime has been secretary reverses or modifies their resolution, he shall direct the
prosecutor concerned either
committed
o that the accused is probably o to file the corresponding information without conducting
guilty thereof; that the accused another preliminary investigation, or
was informed of the complaint o to dismiss or move for dismissal of the complaint or
information with notice to the parties.
and of the evidence submitted
against him • The same rule shall apply in preliminary investigations conducted
by OMB officers
o that he was given an
opportunity to submit
controverting evidence.
w/in 10 days from filing of the complaint or information
6b. RECOMMEND FOR
DISMISSAL BY
8. EVALUATION OF JUDGE
INVESTIGATING OFFICER YES NO
• Is there probable cause?
YES NO
doubtful
cannot be
5. RESOLUTION BY 9a. ISSUE WARRANT 9b.
subpoenaed, did INVESTIGATING OFFICER OF ARREST OR IMMEDIATELY
not submit COMMITMENT ORDER DISMISS
counter-affidavit • Is there sufficient cause for
trial?
9c. SUBMISSION OF ADDITIONAL EVIDENCE
w/in 10 days after investigation
• Resolve the issue by the court w/in 30 days from
filing of complaint or information
4. CLARIFICATORY HEARING • Proceed with 9a or 9b as the case may be
• parties can be present at the
hearing but without the right to w/in 10 days from receipt by head of office
w/in 10 days from examine or cross-examine
submission of • they may submit to the
investigating officer questions
10. EXECUTION w/in 10 days after 11. MAKE A
which may be asked to the expiration of
to file such OF WARRANT OF REPORT TO THE
party or witness concerned
ARREST period of JUDGE
• shall be terminated within 5
execution
days