RULE 112 Preliminary Investigation
RULE 112 Preliminary Investigation
RULE 112 Preliminary Investigation
PRELIMINARY INVESTIGATION
Section 1. Preliminary Investigation
Defined; When Required.
Offenses entitled to preliminary
investigation are those punishable
by at least four (4) years, two (2)
months and (1) day.
Purpose
of
Preliminary
Investigation:
- Determine whether there is
sufficient ground to engender a
well-grounded belief that a crime
has been committed and that
the respondent is probably guilty
thereof, and should be held for
trial. And if the evidence so
warrants,
the
investigating
prosecutor is duty bound to file
the corresponding information.
It may be waived expressly or by
silence. If not waived the absence
thereof may amount to a denial of
due process.
The lack of authentication of the
document presented during the
preliminary investigation does not
impair
the
validity
of
the
investigation.
The
absence
of
preliminary
investigation does not affect the
courts jurisdiction over the case,
but merely to the regularity of the
proceedings. Nor do they impair the
validity of the information or
otherwise render it defective; but, if
there
were
no
preliminary
investigation and the defendants,
before entering their plea, invite the
attention of the court to their
absence, the court, instead of
dismissing the information, should
conduct such investigation, or order
the fiscal to conduct it.
The absence of a preliminary
investigation
will
not
justify
petitioners release because such
defect
did
not
nullify
the
information and the warrant of
arrest against him.
Right May be Waived
The
right
to
a
preliminary
investigation may be waived by
failure to invoke the right prior to or
at least at the time of their plea.
Section 3. Procedure.
A
preliminary
investigation
is
merely
inquisitorial,
but
is
considered as a judicial proceeding
wherein
the
prosecutor
or
investigating officer, by nature of
his functions acts as a judicial
officer.
PI
is
considered
a
judicial
proceeding wherein the prosecutor