RULE112PRELIMINARYINVESTIGATION

Section 1.Preliminary investigation defined; when

required. Preliminary investigation is an inquiry or
proceedingtodeterminewhetherthereissufficientground
to engender a wellfounded belief that a crime has been
committedandtherespondentisprobablyguiltythereof,and
shouldbeheldfortrial.
Except as provided in Section 7 of this Rule, a
preliminaryinvestigationisrequiredtobeconductedbefore
the filing of a compliant or information for an offense
where the penalty prescribed by law is at least four (4)
years,two(2)monthsandone(1)daywithoutregardtothe
fine.
Sec. 2.Officers authorized to conduct preliminary
investigations. The following may conduct preliminary
investigations:
(a)ProvincialorCityProsecutorsandtheirassistants;
(b) Judges of the Municipal Trial Courts and Municipal
CircuitTrialCourts;
(c)NationalandRegionalStateProsecutors;and
(d)Otherofficersasmaybeauthorizedbylaw.
Their authority to conduct preliminary investigations
shallincludeallcrimescognizablebythepropercourtin
theirrespectiveterritorialjurisdictions.
Sec.3.Procedure.Thepreliminaryinvestigationshall
beconductedinthefollowingmanner:
(a) The complaint shall state the address of the
respondentandshallbeaccompaniedbytheaffidavitsofthe
complainantandhiswitnesses,aswellasothersupporting
documentstoestablishprobablecause.Theyshallbeinsuch
number of copies as there are respondents, plus two (2)
copies for the official file. The affidavits shall be
subscribedandsworntobeforeanyprosecutororgovernment
officialauthorizedtoadministeroath,or,intheirabsence
orunavailability,beforeanotarypublic,eachofwhommust
certifythathepersonallyexaminedtheaffiantsandthathe
issatisfiedthattheyvoluntarilyexecutedandunderstood
theiraffidavits.
(b) Within ten (10) days after the filing of the
complaint,theinvestigatingofficershalleitherdismissit
ifhefindsnogroundtocontinuewiththeinvestigation,or
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issueasubpoenatotherespondentattachingtoitacopyof
thecomplaintanditssupportingaffidavitsanddocuments.
The respondent shall have the right to examine the
evidencesubmittedbythecomplainantwhichhemaynothave
been furnished and to copy them at his expense. If the
evidenceisvoluminous,thecomplainantmayberequiredto
specify those which he intends to present against the
respondent, and these shall be made available for
examinationorcopyingbytherespondentathisexpense.
Objects as evidence need not be furnished a party but
shall be made available for examination, copying, or
photographingattheexpenseoftherequestingparty.
(c) Within ten (10) days from receipt of the subpoena
withthecomplaintandsupportingaffidavitsanddocuments,
therespondentshallsubmithiscounteraffidavitandthat
ofhiswitnessesandothersupportingdocumentsreliedupon
forhisdefense.Thecounteraffidavitsshallbesubscribed
andsworntoandcertifiedasprovidedinparagraph(a)of
thissection,withcopiesthereoffurnishedbyhimtothe
complainant.Therespondentshallnotbeallowedtofilea
motiontodismissinlieuofacounteraffidavit.
(d) If the respondent cannot be subpoenaed, or if
subpoenaed, does not submit counteraffidavits within the
ten(10)dayperiod,theinvestigatingofficeshallresolve
the complaint based on the evidence presented by the
complainant.
(e)Theinvestigatingofficermaysetahearingifthere
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 crossexamine. They may,
however,submittotheinvestigatingofficerquestionswhich
maybeaskedtothepartyorwitnessconcerned.
The hearing shall be held within ten (10) days from
submissionofthecounteraffidavitsandotherdocumentsor
fromtheexpirationoftheperiodfortheirsubmission.It
shallbeterminatedwithinfive(5)days.
(f) Within ten (10) days after the investigation, the
investigatingofficershalldeterminewhetherornotthere
is sufficient ground to hold the respondent for trial.
Sec. 4.Resolution of investigating prosecutor and its
review. If the investigating prosecutor finds cause to
hold the respondent for trial, he shall prepare the

resolutionandinformation.Heshallcertifyunderoathin
the information that he, or as shown by the record, an
authorizedofficer,haspersonallyexaminedthecomplainant
and his witnesses; that there is reasonable ground to
believethatacrimehasbeencommittedandthattheaccused
isprobablyguiltythereof;thattheaccusedwasinformedof
thecomplaintandoftheevidencesubmittedagainsthim;and
that he was given an opportunity to submit controverting
evidence.Otherwise,heshallrecommendthedismissalofthe
complaint.
Within five (5) days from his resolution, he shall
forward the record of the case to the provincial or city
prosecutororchiefstateprosecutor,ortotheOmbudsmanor
his deputy in cases of offenses cognizable by the
Sandiganbayanintheexerciseofitsoriginaljurisdiction.
Theyshallactontheresolutionwithinten(10)daysfrom
their receipt thereof and shall immediately inform the
partiesofsuchaction.
Nocomplaintorinformationmaybefiledordismissedby
an investigating prosecutor without the prior written
authorityorapprovaloftheprovincialorcityprosecutor
orchiefstateprosecutorortheOmbudsmanorhisdeputy.
Where the investigating prosecutor recommends the
dismissal of the complaint but his recommendation is
disapproved by the provincial or city prosecutor or 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
directanotherassistantprosecutororstateprosecutorto
dosowithoutconductinganotherpreliminaryinvestigation.
Ifuponpetitionbyaproperpartyundersuchrulesas
theDepartmentofJusticemayprescribeormotupropio,the
SecretaryofJusticereversesormodifiestheresolutionof
theprovincialorcityprosecutororchiefstateprosecutor,
heshalldirecttheprosecutorconcernedeithertofilethe
corresponding information without conducting anther
preliminary investigation, or to dismiss or move for
dismissalofthecomplaintorinformationwithnoticetothe
parties. The same rule shall apply in preliminary
investigations conducted by the officers of the Office of
the

Ombudsman.
Sec. 5.Resolution of investigating judge and its

review.
Withinten(10)daysafterthepreliminaryinvestigation,
theinvestigatingjudgeshalltransmittheresolutionofthe
case to the provincial or city prosecutor, or to the
Ombudsmanorhisdeputyincasesofoffensescognizableby
the Sandiganbayan in the exercise of its original
jurisdiction,forappropriateaction.Theresolutionshall
state the findings of facts and the law supporting his
action, together with the record of the case which shall
include:(a)thewarrant,ifthearrestisbyvirtueofa
warrant; (b) the affidavits, counteraffidavits and other
supportingevidenceoftheparties;(c)theundertakingor
bailoftheaccusedandtheorderforhisrelease;(d)the
transcripts of the proceedings during the preliminary
investigation;and(e)theorderofcancellationofhisbail
bond, if the resolution is for the dismissal of the
complaint.
Withinthirty(30)daysfromreceiptoftherecords,the
provincial or city prosecutor, or the Ombudsman or his
deputy,asthecasemaybe,shallreviewtheresolutionof
theinvestigatingjudgeontheexistenceofprobablecause.
Theirrulingshallexpresslyandclearlystatethefactsand
the law on which it is based and the parties shall be
furnishedwithcopiesthereof.Theyshallordertherelease
ofanaccusedwhoisdetainedifnoprobablecauseisfound
against

him.
Sec.6.Whenwarrantofarrestmayissue.(a)Bythe
RegionalTrialCourt.Withinten(10)daysfromthefiling
ofthecomplaintorinformation,thejudgeshallpersonally
evaluatetheresolutionoftheprosecutoranditssupporting
evidence. He may immediately dismiss the case if the
evidence on record clearly fails to establish probable
cause.Ifhefindsprobablecause,heshallissueawarrant
ofarrest,oracommitmentorderiftheaccusedhasalready
beenarrestedpursuanttoawarrantissuedbythejudgewho
conducted the preliminary investigation or when the
complaintorinformationwasfiledpursuanttosection7of
this Rule. In case of doubt on the existence of probable
cause, the judge may order the prosecutor to present
additionalevidencewithinfive(5)daysfromnoticeandthe
issuemustberesolvedbythecourtwithinthirty(30)days

fromthefilingofthecomplaintofinformation.chanrobles
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(b)By the Municipal Trial Court. When required
pursuanttothesecondparagraphofsectionofthisRule,
the preliminary investigation of cases falling under the
original jurisdiction of the Metropolitan Trial Court,
MunicipalTrialCourtinCities,MunicipalTrialCourt,or
MunicipalCircuitTrialCourtmaybeconductedbyeitherthe
judgeortheprosecutor.Whenconductedbytheprosecutor,
theprocedurefortheissuanceofawarrantofarrestbythe
judgeshallbegovernedbyparagraph(a)ofthissection.
Whentheinvestigationisconductedbythejudgehimself,he
shall follow the procedure provided in section 3 of this
Rule. If his findings and recommendations are affirmed by
theprovincialorcityprosecutor,orbytheOmbudsmanor
hisdeputy,andthecorrespondinginformationisfiled,he
shall issue a warrant of arrest. However, without waiting
fortheconclusionoftheinvestigation,thejudgemayissue
a warrant of arrest if he finds after an examination in
writingandunderoathofthecomplainantandhiswitnesses
in the form of searching questions and answers, that a
probable cause exists and that there is a necessity of
placingtherespondentunderimmediatecustodyinordernot
tofrustratetheendsofjustice.
(c)Whenwarrantofarrestnotnecessary.Awarrantof
arrest shall not issue if the accused 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 7 of this Rule or is for an offense
penalizedbyfineonly.Thecourtshallthemproceedinthe
exercise

of

its

original

jurisdiction.
Sec.7.Whenaccusedlawfullyarrestedwithoutwarrant.
When a person is lawfully arrested without a warrant
involving an offense which requires a preliminary
investigation,thecomplaintorinformationmaybefiledby
aprosecutorwithoutneedofsuchinvestigationprovidedan
inquest has been conducted in accordance with existing
rules. In the absence or unavailability of an inquest
prosecutor,thecomplaintmaybefiledbytheoffendedparty
or a peace officer directly with the proper court on the

basisoftheaffidavitoftheoffendedpartyorarresting
officerorperson.
Beforethecomplaintorinformationisfiled,theperson
arrested may ask for a preliminary investigation in
accordancewiththisRule,buthemustsignawaiverofthe
provision of Article 125 of theRevised Penal Code, as
amended,inthepresenceofhiscounsel.Notwithstandingthe
waiver,hemayapplyforbailandtheinvestigationmustbe
terminatedwithinfifteen(15)daysfromitsinception.
Afterthefilingofthecomplaintorinformationincourt
withoutapreliminaryinvestigation,theaccusedmay,within
five(5)daysfromthetimehelearnsofitsfiling,askfor
a preliminary investigation with the same right to adduce
evidence in his defense as provided in this Rule.
Sec. 8.Records. (a)Records supporting the
information or complaint. An information or complaint
filed in court shall be supported by the affidavits and
counteraffidavits of the parties and their witnesses,
together with the other supporting evidence and the
resolutiononthecase.
(b)Recordofpreliminaryinvestigation.Therecordof
thepreliminaryinvestigation,whetherconductedbyajudge
oraprosecutor,shallnotformpartoftherecordofthe
case.However,thecourt,onitsowninitiativeoronmotion
ofanyparty,mayordertheproductionoftherecordorany
ofitspartwhennecessaryintheresolutionofthecaseor
anyincidenttherein,orwhenitistobeintroducedasan
evidence in the case by the requesting party.
Sec.9.Casesnotrequiringapreliminaryinvestigation
nor covered by the Rule on Summary Procedure. (a) If
filed with the prosecutor. If the complaint is filed
directlywiththeprosecutorinvolvinganoffensepunishable
byimprisonmentoflessthanfour(4)years,two(2)months
andone(1)day,theprocedureoutlinedinsection3(a)of
thisRuleshallbeobserved.Theprosecutorshallactonthe
complaint based on the affidavits and other supporting
documentssubmittedbythecomplainantwithinten(10)days
fromitsfiling.
(b)IffiledwiththeMunicipalTrialCourt.Ifthe
complaintorinformationisfiledwiththeMunicipalTrial
Court or Municipal Circuit Trial Court for an offense

coveredbythissection,theprocedureinsection3(a)of
thisRuleshallbeobserved.Ifwithinten(10)daysafter
thefilingofthecomplaintorinformation,thejudgefinds
noprobablecauseafterpersonallyevaluatingtheevidence,
orafterpersonallyexamininginwritingandunderoaththe
complainant and his witnesses in the form of searching
questionsandanswers,heshalldismissthesame.Hemay,
however, require the submission of additional evidence,
withinten(10)daysfromnotice,todeterminefurtherthe
existence of probable cause. If the judge still finds no
probable cause despite the additional evidence, he shall,
withinten(10)daysfromitssubmissionorexpirationof
saidperiod,dismissthecase.Whenhefindsprobablecause,
heshallissueawarrantofarrest,oracommitmentorderif
the accused had already been arrested, and hold him for
trial.However,ifthejudgeissatisfiedthatthereisno
necessity for placing the accused under custody, he may
issuesummonsinsteadofawarrantofarrest.