PRELIMINARY INVESTIGATION

1. A
The offended party files the complaint with the
prosecutors office (in Metro Manila and
chartered cities), or with the municipal judge.

OR

1. B
The complaint may be filed with the police
investigators who will then endorse it to the
fiscals office.

2.
The Prosecutor conducts a preliminary
investigation to determine if a crime has been
committed and if the accused is probably guilty
of such crime.
3.
If there is a sufficient ground, the prosecutor (or
municipal judge) issues a subpoena, together
with a copy of the complaint, affidavits of the
witnesses and other supporting documents.

4. A
If the respondent does not submit his counteraffidavits or cannot be subpoenaed, the
prosecutor renders a resolution based only on
the evidence presented by the complainant

4. B
If the respondents submit s his counteraffidavit, that of his witnesses and
documents, they may conduct a hearing for
clarificatory purposes. The parties and their
witnesses are present but may not crossexamine. Questions and answers are
coursed through the public prosecutor. The
parties may file reply affidavits and
rejoinder (or verified memoranda) after
which the issues are resolved

6.
5.
The prosecutor will issue a
The respondent can resolution
file a counter-charge
against
recommending
the
complainant.
either the dismissal or filing is
submitted to the provincial or
city prosecutor together with
all the records and evidence.

7.
The provincial or city prosecutor may dismiss the
complaint within ten (10) days from the receipt
of records.

8. A
If the complaint is dismissed
the complainant may appeals
to the Departments of
Justice, through a petition for
review by way of appeal.

8. B
If the provincial or city
prosecutor approves the filing
of information, the
respondent may file a
petition for review with the
Department of Justice only in
cases of grave abuse of
discretion or manifest error of

9.
Upon filing of the information with the clerk of
court of either MTC or RTC, the case is raffled off
to a judge who examines the records of the case
and the investigation record. The judge may
then issue a warrant of arrest against the
accused.
Immediately after a lawful warrantless arrest,
the person arrested shall be brought to the
INQUEST
nearest local law enforcement office. As soon as
possible, inquest proceedings shall be conducted
by the duty inquest prosecutor designated to act
as such within the locality, even during
weekends.

If an arrested person elects to undergo a

preliminary investigation, the provisions of
Article 125 have to be waived in writing and in
the presence of counsel. Hence, the "12-18-36"
periods shall no longer apply

However, under the exceptional case where no

inquest prosecutor is available during a weekend
or a non-working day, the inquest shall
immediately be conducted on the first business
day following the arrest.

If the inquest prosecutor orders the arresting

officers to submit additional evidence to aid him
in resolving the case, the time spent to produce
such additional evidence shall not stop the
running of the "12-18-36" periods prescribed
under Article 125.

If the evidence is sufficient enough then seek

court approval to keep the person in detention

If the inquest prosecutor fails to complete the

proceedings in the prescribed period then the
person must be released.

JUVENILE JUSTICE AND WELFARE ACT

Juvenile Justice and Welfare Act, except that
instead of the "12-18-36" periods, the applicable
period shall be 8 hours.

Instead of being charged in court, the arrested

child in conflict with the law who is 15 to 18
years old shall first be turned over to the local
social development officer for initial
determination of the presence or absence of
discernment.
The investigating prosecutor shall, within eight
(8) hours upon receipt of the report of the local
social development officer, immediately resolve
and issue the corresponding Resolution either by
ordering the filing of the Criminal Information in
court, or ordering the immediate release of the
child in conflict with the law, as the case may be