PHILIPPINE

CRIMINAL PROCEDURE
Atty. Warren Wyndell D. Sarsagat
Preliminary Investigation vs. Inquest
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
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.
Preliminary Investigation vs. Inquest
WHAT IS A PRELIMINARY INVESTIGATION?
It is an inquiry or proceeding to determine whether
here 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.
Preliminary Investigation vs. Inquest
WHAT IS AN INQUEST?
An inquest is an informal and summary investigation
conducted by the public prosecutor in a criminal case
involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for
the purpose of determining whether said persons
should remain under custody and correspondingly
charged in court.
What is Sub Judice Rule?
In the case of Romero vs. Estrada (April 2009):
The sub judice rule restricts comments and disclosures
pertaining to judicial proceedings to avoid prejudging the issue,
influencing the court, or obstructing the administration of
justice. A violation of the sub judice rule may render one liable
for indirect contempt under Sec. 3(d), Rule 71 of the Rules of
Court x x x
What is Sub Judice Rule?
Sec. 3(d), Rule 71 of the Rules of Court provides:
Indirect contempt to be punished after charge and hearing. — After a
charge in writing has been filed, and an opportunity given to the
respondent to comment thereon, a person guilty of any of the following
acts may be punished for indirect contempt: x x x
(d) Any improper conduct tending, directly or indirectly, to impede,
obstruct, or degrade the administration of justice; x x x
What is Sub Judice Rule?
In the supplemental opinion of Justice Brion in the cases of Lejano v.
People and People vs. Hubert Webb, Justice Brion opined:
In essence, the sub judice rule restricts comments and disclosures
pertaining to pending judicial proceedings. The restriction applies not only
to participants in the pending case, i.e., to members of the bar and bench,
and to litigants and witnesses, but also to the public in general, which
necessarily includes the media. Although the Rules of Court does not
contain a specific provision imposing the sub judice rule, it supports the
observance of the restriction by punishing its violation as indirect
contempt under Section 3(d) of Rule 71.