Preliminary Investigation - SHANNEN
Preliminary Investigation - SHANNEN
Except as provided in Section 7 of this Rule, a preliminary investigation is required to be conducted before
the filing of a compliant or information for an offense where the penalty prescribed by law is at least four
(4) years, two (2) months and one (1) day without regard to the fine.
WHEN IS IT REQUIRED?
Before a complaint or information is filed, preliminary investigation is required for all offenses
punishable by imprisonment of at least 4 years, 2 months and 1 day, regardless of the fine, except
if the accused was arrested by virtue of a lawful arrest without warrant
In case of lawful arrest without warrant: the complaint or information may be filed without a
preliminary investigation unless the accused asks for a preliminary investigation and waives his
rights under Article 125 of the RPC
Whether or not there is a need for PI depends upon the imposable penalty for the crime charged
in the complaint filed with the city or provincial prosecutor’s office and not upon the imposable
penalty for the crime fund to have been committed by the respondent after a preliminary
investigation
PURPOSE
1. To determine if 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
2. To protect the accused from the inconvenience, expense, and burden of defending himself in a
formal trial unless the reasonable probability of his guilt has been first ascertained in a fairly
summary proceeding by a competent officer
3. To secure the innocent against hasty, malicious and oppressive prosecution, and to protect him
from an open and public accusation of a crime, from the trouble, expense and anxiety of a public
trial
4. To protect the state from having to conduct useless and expensive trials
SOURCES:
https://batasnatin.com/law-library/remedial-law/criminal-procedure/492-rule-112-preliminary-
investigation.html
https://batasnatin.com/law-library/remedial-law/criminal-procedure/500-procedure-in-conducting-
preliminary-investigation.html
https://batasnatin.com/law-library/remedial-law/criminal-procedure/493-purpose-of-a-preliminary-
investigation.html