(Crim Pro) AM 05-8-26-SC
(Crim Pro) AM 05-8-26-SC
(Crim Pro) AM 05-8-26-SC
Preliminary Investigation
Within ten (10) days from receipt of the subpoena with the
complaint and supporting affidavits and documents, the respondent
shall submit his counter-affidavit and that of his witnesses and other
supporting documents relied upon for his defense. The counteraffidavits shall be subscribed and sworn to and certified as provided
in paragraph (a) of this section, with copies thereof furnished by him
to the complainant. The respondent shall not be allowed to file a
motion to dismiss in lieu of a counter-affidavit.
d.
e.
The investigating officer may set a hearing if there are such facts
and issues to be clarified from a party or a witness. The parties can
be present at the hearing but without the right to examine or crossexamine. They may, however, submit to the investigating officer
questions which may be asked to the party or witness concerned. The
hearing shall be held within ten (10) days from submission of the
counter-affidavits and other documents or from the expiration of the
period for their submission. It shall be terminated within five (5) days.
f.
Section 2
Officers authorized to conduct preliminary investigations.
The following may conduct preliminary investigations:
a.
b.
c.
b.
The complaint shall state the address of the respondent and shall
be accompanied by affidavits of the complainant and his witnesses,
as well as other supporting documents to establish probable cause.
They shall be in such number of copies as there are respondents, plus
two (2) copies for the official file. The affidavits shall be subscribed
and sworn to before any prosecutor or government official authorized
to administer oath, or, in their absence or unavailability, before a
notary public, each of whom must certify that he personally examined
the affiants and that he is satisfied that they voluntarily executed and
understood their affidavits.
Within ten (10) days after the filing of the complaint, the
investigating officer shall either dismiss it if he finds no ground to
continue with the investigation, or issue a subpoena to the
Section 4
Resolution of investigating prosecutor and its review.
If the investigating prosecutor finds cause to hold the respondent for trial,
he shall prepare the resolution and information. He shall certify under oath
in the information that he, or as shown by the record, an authorized officer,
has personally examined the complainant and his witnesses; that there is
reasonable ground to believe that a crime has been committed and that
the accused is probably guilty thereof; that the accused was informed of
the complaint and of the evidence submitted against him; and that he was
given an opportunity to submit controverting evidence. Otherwise, he shall
recommend the dismissal of the complaint.
Within five (5) days from his resolution, he shall forward the record of the
case to the provincial or city prosecutor or chief state prosecutor, or to the
Ombudsman or his deputy in cases of offenses cognizable by the
Sandiganbayan in the exercise of its original jurisdiction. They shall act on
the resolution within ten (10) days from their receipt thereof and shall
immediately inform the parties of such action.
b.
Section 6
When accused lawfully arrested without warrant.
When a person is lawfully arrested without a warrant involving an offense
which requires a preliminary investigation, the complaint or information
may be filed by a prosecutor without need of such investigation provided
an inquest has been conducted in accordance with existing rules. In the
absence or unavailability of an inquest prosecutor, the complaint may be
filed by the offended party or by a peace officer directly with the proper
court on the basis of the affidavit of the offended party or arresting officer
or person.
Before the complaint or information is filed, the person arrested may ask
for a preliminary investigation in accordance with this Rule, but he must
sign a waiver of the provisions of Article 125 of the Revised Penal Code, as
amended, in the presence of his counsel. Notwithstanding the waiver, he
may apply for bail and the investigation must be terminated within fifteen
(15) days from its inception.
After the filing of the complaint or information in court without a
preliminary investigation, the accused may within five (5) days from the
time he learns of its filing, ask for a preliminary investigation with the
same right to adduce evidence in his defense as provided in this Rule. (7a;
sec. 2, R.A. No. 7438)
Section 7
Records.
a.
b.
record or any of its part when necessary in the resolution of the case
or any incident therein, or when it is to be introduced as an evidence
in the case by the requesting party. (8a)
Bail in the amount fixed may be filed with the court where the case
is pending, or, in the absence or unavailability of the judge thereof,
with any regional trial judge, metropolitan trial judge, municipal trial
judge, or municipal circuit trial judge in the province, city, or
municipality. If the accused is arrested in a province, city, or
municipality other than where the case is pending, bail may be filed
with any regional trial court of said place, or, if no judge thereof is
available, with any metropolitan trial judge, municipal trial judge or
municipal circuit trial judge therein.
b.
c.
Any person in custody who is not yet charged in court may apply
for bail with any court in the province, city or municipality where he is
held, (17a)
Section 8
Cases not requiring a preliminary investigation nor covered by the Rule on
Summary Procedure.
a.
b.
Section 17
Bail
All First Level Courts shall continue with the preliminary investigation of
cases pending with them and terminate them not later than December 31,
2005.
Upon the date of effectivity of these amendments, First Level Courts shall
no longer accept new cases for preliminary investigation, which fall under
the exclusive jurisdiction of courts of other levels.
These amendments shall take effect on October 3, 2005 following their
publication in a newspaper of general circulation not later than September
15, 2005.
Official Title
Administrative Matter No. 05-8-26-SC
Long Title
Re: Amendment of Rules 112 And 114 Of The Revised Rules on
Criminal Procedure by Removing the Conduct of Preliminary
Investigation from Judges of the First Level Courts
Approval Date
August 30, 2005
Effectivity Date
October 03, 2005