RULE 112.

PRELIMINARY INVESTIGATION
SECTION 1. Preliminary investigation defined when required.

Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to

engender a well-founded belief that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.
Except as provided in Section 7 of this Rule, a Preliminary investigation is required to be conducted before
the filing of a complaint or information for an offense where the penalty prescribed by law is at least (4)
years, two (2) months and one (1) day without regard to the fine.
SECTION 2. Officers authorized to conduct preliminary investigations
The following may conduct preliminary investigations:
(a) Provincial or City Prosecutors and their assistants;
(b) National and Regional State Prosecutors; and
(c) Other officers as may be authorized by law.
Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper
court in their respective territorial jurisdictions. (2a) (As amended by A.M. No. 05-8-26- SC, effective
October 3, 2005)
SEC. 3. Procedure. The preliminary investigation shall be conducted in the following manner:
(a) The complaint shall state the address of the respondent and shall be accompanied by the 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 administer oath, or, in
their absence or whom must certify that he personally examine the affiants and that he is satisfied
that they voluntarily executed and understood their affidavits.

(b) 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
respondent attaching to it a copy of the complaint and its supporting affidavits and documents.

The respondent shall have the right to examine the evidence submitted by the complainant which
he may not have been furnished and to copy them at his expense. If the evidence is voluminous,
the complainant may be required to specify those which he intends to present against the
respondent, and these shall be made available for examination or copying by the respondent at
his expense.

Objects as evidence need not be furnished a party but shall be made available for examination,
copying, or photographing at the expense of the requesting party.
 (c) 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 counter- affidavits 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) If the respondent cannot be subpoenaed, of if subpoenaed, does not submit counter- affidavits
within the ten (10) day period, the investigating officer shall resolve the complaint based on
the evidence presented by the complainant.

(e) The investigating officer may set a hearing if there are 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
cross-examine. 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 b terminated
within five (5) days.

(f) Within ten (10) days after the investigation the investigating officer shall determine whether or
not there is sufficient ground to hold the respondent for trial.

SEC. 4. Resolution of investigating prosecutor and its review.

If the investigating prosecutor finds use 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 be forward the record of the case to the provincial or
city prosecutor or chief state prosecutor, or to the Ombudsman this 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 I receipt thereof and shall immediately inform the their parties of such action.
No complaint or information may be filed or dismissed by an investigating prosecutor without the prior
written authority or approval of the provincial of city prosecutor or chief state prosecutor or the
Ombudsman or his deputy. 4 See DOJ Circular No. 70 re 2000 National Prosecution Service le on
Appeal, 03 July 2000

Where the investigating prosecutor recommend the dismissal of the complaint but his recommendation is
disapproved by the provincial or city prosecute a chief state prosecutor or the Ombudsman or his deputy
on the ground that a probable cause exists, the latter may, by himself. file the information against the
respondent, or direct another assistant prosecutor or state prosecutor to do so without conducting another
preliminary investigation.
If upon petition by a proper party under such Rules as the Department of Justice may prescribe or mas
proprio, the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or
chief state prosecutor, he shall direct the prosecutor concerned either to file the corresponding
information without conducting another preliminary investigation, or to dismiss or move for dismissal of
the complaint or information with notion to the parties. The same Rule shall apply in preliminary
investigations conducted by the officers of the Office of the Ombudsman. (48)

SEC. 5. When warrant of arrest may issue.

(a) By the Regional Trial Court
- Within ten (10)days from the filing of the complaint or information, the judge shall personally evaluate
the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the
evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a
warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant
issued by the judge who conducted the preliminary investigation or when the complaint or information
was filed pursuant to Section 6 of this Rule. In case of doubt on the existence of probable cause, the judge
may order the prosecutor to present additional evidence within five (5) days from notice and the issue
must be resolved by the court within thirty (30) days from the filing of the complaint or information.

(b) By the Municipal Trial Court

When required pursuant to the second paragraph of Section 1 of this Rule, the preliminary investigation
of cases falling under the original jurisdiction of the Metropolitan Trial Court, Municipal Trial Court in
Cities, Municipal Trial Courts, Municipal Circuit Trial Court shall be del by the prosecutor. The
procedure for the i of a warrant of arrest by the judge shall be governed by paragraph (a) of this section.
( amended by A.M. No. 05-8-26-SC.)

(c) When warrant of arrest not necessary

- warrant of arrest shall not issue if the ac is already under detention pursuant to a warrant issued by the
Municipal Trial Court in accordance with paragraph (b) of this section, or if the complaint or information
was filed pursuant to Section 6 of this Rule or is he adduce evidence an offense penalized by fine only.
The court shall then proceed in the exercise of its original jurisdiction. (6a) (As amended by AM No. 05-
8-26-SC.)

SEC. 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 the basis of the affidavit of the offended party or arresting officer or
person.

Before the complaint or information is filed, the arrested may ask for a preliminary investigation
accordance with this Rule, but he must sign a waiver 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) vs. from its inception.

After the filing of the complaint or information in court without a preliminary investigation, the accused
Bay, within five (5) days from the time he learns of its Sling, ask for a preliminary investigation with the
same to adduce evidence in his defense as provided in this Rule. (7a; Sec. 2, R.A. No. 7438) (As amended
by AM No. 05-8-26-SC)

SEC. 7. Records.

(a) Records supporting the information or complaint. An information or complaint filed in court shall be
supported by the affidavits and counter- affidavits of the parties and their witnesses, together with the
other supporting evidence and the resolution on the case.

(b) Record of preliminary investigation.-The record of the preliminary investigation, conducted by a

prosecutor or other officers as may be authorized by law shall not form part of the record of the case.
However, the court, on its own initiative
or on motion of any party, may order the production of the 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) (As amended by AM No. 05-8-26-SC.)

SEC. 8. Cases not requiring a preliminary investigation nor covered by the Rule on Summary
Procedure.

(a) If filed with the prosecutor.-If the complaint is filed directly with the prosecutor involving an offense
punishable by imprisonment of less than four (4) years, two (2) months and one (1) day, the procedure
outlined in Section 3 (a) of this Rule shall be observed. The prosecutor shall act on the complaint based
on the affidavits and other supporting documents submitted by the complainant within ten (10) days from
its filing.

(b) If filed with the Municipal Trial Court.-If the complaint or information is filed with the Municipal
Trial Court or Municipal Circuit Trial Court for an offense covered by this section, the procedure in
Section 3 of this Rule shall be observed. If within ten (10) days after the filing of the complaint, or
information, the judge finds no probable cause after personally evaluating the evidence, or after
personally examining in writing and under oath the complainant and his witnesses in the form of
searching questions and answers, he shall dismiss the same. He may, however, require the submission of
additional evidence, within ten (10) days from notice, to determine further the existence of probable
cause. If the judge still finds no probable cause despite the additional evidence, he shall, within ten (10)
days from its submission or expiration of said period, dismiss the case. When he finds probable cause, he
shall issue a warrant of arrest, or a commitment order if the accused had already been arrested, and hold
him for trial. However, the judge is satisfied that there is no necessity for placing the accused under
custody, he may issue summons instead of a warrant of arrest. (9a)