2008 Prosecutor's Manual

2008 NPC MANUAL
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Department Of Justice
National Prosecution Service
MANUAL
FOR
PROSECUTORS

Revamped by Nadine Baligod
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TABLE OF CONTENTS
PART I. PROSECUTION OF OFFENSES
PART II. INQUEST
10
PART III. PRELIMINARY INVESTIGATION
19
PART IV. PETITION FOR REVIEW
40
PART V. BAIL
44
PART VI. ARREST
49
PART VII. ARRAIGNMENT AND PLEA
50
PART VIII. PRE-TRIAL
51
PART IX. TRIAL
55
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PART I. PROSECUTION OF OFFENSES

SECTION 1. Criminal action - A criminal action is one by which the state
prosecutes a person for an act or omission punishable by law.1

SEC. 2. How and where commenced - A criminal action is commenced by
the filing of a complaint with the City/Provincial Prosecution Office or with the
Municipal Trial Court or Municipal Circuit Trial Court. However, a criminal
action for an offense committed within Metro Manila, may be commenced only by
the filing of the complaint with the Prosecutor's Office.

SEC. 3. Complaint. - A complaint is a sworn written statement charging a
person with an offense and subscribed by the offended party, any peace officer or
public officer charged with the enforcement of the law violated.2
To discourage the filing of harassment charges, the prosecutor shall warn the
complainant that any false statement in the complaint may give rise to a finding of
a prima facie case for perjury before the same office.
4. Offended party, defined. - The offended party is the person against whom
or against whose property the crime was committed.3
Sec. 3 (b), Rule 1, 1997 Rules of Civil Procedure.
Sec. 3, Rule 110, Rules on Criminal Procedure; Example of public officer charged with the enforcement of the law
violated: (1) Bureau of Customs officials for violation of the customs law; (2) Bureau of Forest Development officials
for violation of forestry laws; (3) Chief of Police of a municipality for violation of a municipal ordinance which
constitutes a criminal offense.
The sworn complaint referred to usually refers to a complaint filed in court and not in the prosecutor's office. It is not
necessary to file a sworn complaint with the prosecutor before the latter can conduct a preliminary investigation. A
mere unsworn letter suffices to start an investigation, except if the offense charged is one which cannot be
prosecuted de officio or is private in nature i.e., where the law requires that it be started by a complaint sworn to by
the offended party.
In a case involving a private offense, the phrase "complaint filed by the offended party" as used in Section 5, Rule
110 should be given a liberal or loose interpretation, meaning a "charge, allegation, grievance or accusation" rather
than a strict construction for often than not the offended party who files it is unschooled in law. The purpose of the
complaint in Section 5, Rule 110, is merely to initiate or commence the prosecution of the accused. Thus, the
"Sinumpaang Salaysay" of the victim of a private offense is already deemed a complaint" required in the aforesaid
Sec. 5. (People vs. Sangil, 208 SCRA 696 [1992]).
3
Sec. 12, par. 1, Rules on Criminal Procedure
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SEC. 5. Information. - An information is the accusation in writing charging a

person with an offense, subscribed by the prosecutor, and filed with the court. The
information need not be placed under oath by the prosecutor signing the same.
The prosecutor must, however, certify under oath that a. He has examined the complainant and his witnesses;
b. There is reasonable ground to believe that a crime has been committed and
that the accused is probably guilty thereof;
c. The accused was informed of the complaint and of the evidence submitted
against him; and
d. The accused was given an opportunity to submit controverting evidence.4

SEC. 6. Sufficiency of complaint or information. - A complaint or
information shall be considered sufficient if it states a. The name of the accused;
b. The designation of the offense committed;
c. The act or omission complained of;
d. The name of the offended party;
e. The approximate time of the commission of the offense; and
f. The place where the offense was committed.

SEC. 7. Other essential matters to be alleged in complaint or
information. - The following shall also be alleged in a complaint or information:
a. Every essential element of the offense;
b. The criminal intent of the accused and its relation to the act or omission
complained of;
c. All qualifying and generic aggravating circumstances which are integral parts
of the offense;
d. All matters that are essential to the constitution of the offense, such as the
ownership and/or value of the property robbed or destroyed; the
Sec. 4, Rule 112, ibid.
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particular knowledge to establish culpable intent; or the particular

intention that characterizes the offense;
e. Age of the minor accused, and whenever applicable, the fact that he acted
with discernment; and
f. Age of the minor complainant, when age is material.

SEC. 8. Additional contents of a complaint - In addition to the matters listed
above, a complaint or information shall contain a certification that the recitals
therein are true and correct and not in the nature of a countercharge to avoid
conflict in the appreciation of the facts and evidence.
SEC. 9. Name of accused. - The complaint or information shall state the

name and surname of the accused, if known, or any appellation or nickname by
which he has been or is known. If his name is not known, the accused shall be
mentioned under a fictitious name such as "John Doe" or "Jane Doe".
SEC. 10. Designation of offense. - To properly inform the accused of the

nature and cause of the accusation against him, the complaint or information shall
state, whenever possible, a. The designation given to the offense by the statute;
b. The statement of the act or omission constituting the same, and if there is
no such designation, reference shall be made to the section or subsection
of the law punishing it.5
SEC. 11. Cause of accusation. - The act or omission complained of as

constituting the offense shall be stated in an ordinary and concise language without
repetition. The statement need not use the terms of the statute defining the offense
so long as a person of common understanding is able to know what offense was
intended to be charged and to enable the court to pronounce proper judgment.6
SEC. 12. Place of the commission of offense. - The complaint or

information is sufficient if it states that the crime charged was committed or some
5
Sec. 8, ibid.
Sec. 9, ibid.
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of the ingredients thereof occurred at some place within the jurisdiction of the
court, unless the particular place in which the crime was committed is an essential element of
the crime e.g. in a prosecution for violation of the provision of the Election Code
which punishes the carrying of a deadly weapon in a "polling place", or if it is
necessary to identify the offense charged e.g., the domicile in the offense of "violation
of domicile."7

SEC. 13. Time of commission of offense. - The precise time of the
commission of the offense shall be stated in the complaint or information if time is
a material ingredient of the offense e.g., treason, infanticide. Otherwise, it is
sufficient that it be alleged that the offense was committed at any time as near to
the actual date at which the offense was committed.8

SEC. 14. Title of complaint or information. - The title of the complaint or
information shall be in the name of the "People of the Philippines" as Plaintiff
against all persons who appear to be responsible for the offense involved.9

SEC. 15. Contents of caption of an information. - The caption of an
information shall, in addition to the name of the Plaintiff, indicate the following:
a.The complete names i.e., given name, maternal name, surname, and
addresses, of all the accused. In the case of accused minors, their age shall
be indicated in the caption;
b.The case number; and
c. The offense charged. The denomination of the offense and the specific law
and provision violated shall be specified.

SEC. 16. List of prosecution witnesses. - The information shall contain the
complete names and addresses of all identified witnesses for the prosecution. In
cases for violation of B.P. Blg. 22 and Estafa cases, the list of witnesses shall include
the complainant, the bank representative with specific reference to the check and
7
Sec. 10, ibid.
9.Sec. 11, ibid. Sec. 2, ibid.
Sec. 2, ibid.
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account numbers involved and in the proper cases, the company auditor; and in
physical injuries cases, the attending physician with specific reference to the
medical report and date of the incident.
SEC. 17. Number of offenses charged. - A complaint or information shall

charge only one offense so as not to confuse the accused in his defense, except in
those cases in which existing laws prescribe a single punishment for various
offenses, e.g., complex crimes under Article 48 of the Revised Penal Code.10
SEC. 18. Amendment of information or complaint. - An information or

complaint may be amended before the accused pleads, after the accused has
pleaded, and during the trial.
Before plea, amendment of the information or complaint, in substance or
form, is a matter of right.
After plea and during trial, amendment may be made only with leave of
court and only as to matters of form wherein the same can be done without
prejudice to the rights of the accused.
At any time before judgment, if there has been a mistake in charging the
proper offense, the court shall dismiss the original complaint or information upon
the filing of a new one charging the proper offense in accordance with Rule 119,
Section 11,11 provided the accused would not be placed thereby in double jeopardy.
The court may also require the witnesses to give bail for their appearance at the
trial.12
SEC. 19. Mistake in form and substance. - A mistake in form refers to

clerical errors, matters which are not essential to the charge, and those which will
not mislead or prejudice the accused as when a defense under the original
10
11
Sec. 13, ibid; " Penalty for complex crimes. - When a single act constitutes two or more grave or less grave
felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime
shall be imposed, the same to be applied in its maximum period". (Art. 48, Revised Penal Code).
"When mistake has been made in charging the proper offense. - When it becomes manifest at any time before
judgment, that a mistake has been made in charging the proper offense, and the accused cannot be convicted of
the offense charged, or of any offense necessarily included therein, the accused shall not be discharged, if there
appears to be good cause to detain him. In such case, the court shall commit the accused to answer for the
proper offense and dismiss the original case upon the filing of the proper information."
12
Sec. 14, Rule 110, ibid.
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information can be used after the amendment is made and any evidence that the
accused may have would be equally applicable to the one form as in the other.
A mistake in substance is any omission or misstatement which prevents an
information from showing on its face that an offense has been committed, or from
showing what offense is intended to be charged.13
SEC. 20. How Period of Prescription Computed and Interrupted. - For

an offense penalized under the Revised Penal Code, the period of prescription
commences to run from the day on which the crime is discovered by the offended
party, the authorities, or their agents, and shall be interrupted:
a. By the filing of the complaint with the Office of the City/Provincial
Prosecutor;14 or with the Office of the Ombudsman;15 or
b. By the filing of the complaint or information with the court even if it is

merely for purposes of preliminary examination or investigation, or even
if the court where the complaint or information is filed cannot try the
case on its merits.16
However, for an offense covered by the Rules on Summary Procedure, the

period of prescription is interrupted only by the filing of the complaint or
information in court.17
The prescription of an offense filed before the Prosecutor or Ombudsman shall

commence to run again when such proceedings terminate; while the prescription
of an offense filed in court starts to run again when the proceedings terminate
without the accused being convicted or acquitted or are unjustifiably stopped for
any reason not imputable to the accused.18
For violation of a special law or ordinance, the period of prescription shall

commence to run from the day of the commission of the violation, and if the same
is not known at the time, from the discovery and the institution of judicial
proceedings for its investigation and punishment. The prescription shall be
13
42 C.J.S.,Sec. 240 at pp.1249-1250.
14
Sec. 1, par. 2, Rule 110, Rules on Criminal Procedure.
15
Llenes vs. Dicdican, 260 SCRA 207 (1996).
16
Ibid.
17
Ibid.
18
An. 91 Revised Penal Code.
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interrupted only by the filing of the complaint or information in court and shall
begin to run again if the proceedings are dismissed for reasons not constituting
double jeopardy.19
For cases falling within the jurisdiction of the Katarungang Pambarangay,

the period of prescription is likewise interrupted by the filing of the complaint
with the punong barangay; but shall resume to run again upon receipt by the
complainant of the certificate of repudiation or of the certification to file action
issued by the lupon or pangkat secretary; Provided, however, That such interruption
shall not exceed sixty (60) days from the filing of the complaint with the punong
barangay.20
Prescription shall not run when the offender is absent from the
country.21
In cases where the imposable penalty is imprisonment and/or a fine, the greater
penalty shall be the basis for the computation of prescription.

PART II. INQUEST22
SECTION 1. Concept. - Inquest is an informal and summary investigation

conducted by a public prosecutor in criminal cases involving persons arrested and
detained without the benefit of a warrant of arrest issued by the court for the
purpose of determining whether or not said persons should remain under custody
and correspondingly be charged in court.
SEC. 2. Designation of Inquest Officer. The City or Provincial Prosecutor

shall designate the Prosecutors assigned to inquest duties and shall furnish the
Philippine National Police (PNP) a list of their names and their schedule of
assignments. If, however, there is only one Prosecutor in the area, all inquest cases
shall be referred to him for appropriate action.
Unless otherwise directed by the City or Provincial Prosecutor, those
assigned to inquest duties shall discharge their functions during the hours of their
19
Sec. 2, Act No.3326, as amended.
20
Sec. 40 par.,Local Govt. Code.
21
Art. 91, par. 2, Revised Penal Code.
22
Department of Justice Circular No.61 dated 21 December 1993.
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designated assignments and only at the police stations/headquarters of the PNP in

order to expedite and facilitate the disposition of inquest cases.
SEC. 3. Commencement and termination of inquest. - The inquest

proceedings shall be considered commenced upon receipt by the Inquest Officer
from the law enforcement authorities of the complaint/referral documents which
should include:
a. The affidavit of arrest;
b. The investigation report;
c. The statement of the complainant and witnesses; and
d. Other supporting evidence gathered by the police in the course of the latter's
investigation of the criminal incident involving the arrested or detained
person.
The Inquest Officer shall, as far as practicable, cause the affidavit of arrest and
statements/affidavits of the complainant and the witnesses to be subscribed and
sworn to before him by the arresting officer and the affiants.
The inquest proceedings must be terminated within the period prescribed under
the provisions of Article 125 of the Revised Penal Code, as amended.23
SEC. 4. Documents required in specific cases. - The Inquest Officer shall,

as far as practicable, require the submission/presentation of the documents listed
below, to wit:
Murder, Homicide and Parricide
a.
Certified true/machine copy of the certificate of death of the victim;

and
b.
Necropsy report and the certificate of post-mortem examination, if

readily available.
Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries
23
a.
Medical certificate of the complaining witness showing the nature or

extent of the injury;
b.
Certification or statement as to duration of the treatment or medical

attendance; and
12 Hours for light offenses; 18 hours for less grave offenses; and 36 hours for grave offenses.
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Certificate or statement as to duration of incapacity for work.

Violation of the Dangerous Drugs Law (R.A. No.6425, as amended)
a. Chemistry report or certificate of laboratory examination duly signed by the

forensic chemist or other duly authorized officer.
If the foregoing documents are not available, the Inquest Officer may
temporarily rely on the field test results on the seized drug, as attested to
by a PNP Narcotics Command operative or other competent person, in
which event, the Inquest Officer shall direct the arresting officer to
immediately forward the seized drug to the crime laboratory for expert
testing and to submit to the prosecutor's office the final forensic chemistry
report within five (5) days from the date of the inquest;
b. Machine copy or photograph of the buy-bust money; and
c. Affidavit of the poseur-buyer, if any.
Theft and Robbery, Violation of the Anti-Piracy and Anti-Highway Robbery Law (P.D. No.532)
and Violation of the Anti-Fencing Law (P.D. No.1612)
a. A list/inventory of the articles and items subject of the offense; and

b. Statement of their respective values.

Rape, Seduction and Forcible Abduction with Rape
a. The medico-legal report (living case report), if the victim submitted herself
for medical or physical examination.
Violation of the Anti-Carnapping Law (R.A. No.6539)
a. Machine copy of the certificate of motor vehicle registration;

b. Machine copy of the current official receipt of payment of the registration
fees of the subject motor vehicle; and
c. Other evidence of ownership.

Violation of the Anti-Cattle Rustling Law (P.D. No.533)
a. Machine copy of the cattle certificate of registration; and
b. Photograph of the cattle, if readily available.
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Violation of Illegal Gambling Law (P.D. No.1602)
a. Gambling paraphernalia; and
b. Cash money, if any.

Illegal Possession of Explosives (P.D. No.1866)
a. Chemistry report duly signed by the forensic chemist; and
b. Photograph of the explosives, if readily available.

Violation of the Fisheries Law (P.9. No.704)
a. Photograph of the confiscated fish, if readily available; and
b. Certification of the Bureau of Fisheries and Aquatic Resources.

Violation of the Forestry Law (P.9. No.705)
a. Scale sheets containing the volume and species of the forest products
confiscated, number of pieces and other important details such as
estimated value of the products confiscated;
b. Certification of the Department of Environment and Natural Resources/
Bureau Of Forest Management; and
c. Seizure receipt.

The submission of the foregoing documents shall not be absolutely required
if there are other forms of evidence submitted which will sufficiently establish the
facts sought to be proved by the foregoing documents.
SEC. 5. Incomplete documents. - When the documents presented are not

complete to establish probable cause, the Inquest Officer shall direct the law
enforcement agency to submit the required evidence within the period prescribed
under the provisions of Article 125 of the Revised Penal Code, as amended.24
Otherwise, the Inquest Officer shall order the release of the detained person25 and,
where the inquest is conducted outside of office hours, direct the law enforcement
agency concerned to file the case with the City or Provincial Prosecutor for
appropriate action.
24
NPS Form No.1.
25
NPS Form No.2.
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SEC. 6. Presence of detained person. - The presence of the detained

person who is under custody shall be ensured during the proceedings.
However, the production of the detained person before the Inquest Officer
may be dispensed with in the following cases:
a. If he is confined in a hospital;
b. If he is detained in a place under maximum security;
c. If production of the detained person will involve security risks; or
d. If the presence of the detained person is not feasible by reason of age,
health, sex and other similar factors.
The absence of the detained person by reason of any of the foregoing factors
shall be noted by the Inquest Officer and reflected in the record of the case.

SEC. 7. Charges and counter-charges. - All charges and counter-charges
arising from the same incident shall, as far as practicable, be consolidated and
inquested jointly to avoid contradictory or inconsistent dispositions.
SEC. 8. Initial duty of Inquest Officer. - The Inquest Officer shall first
determine if the arrest of the detained person was made in accordance
with paragraphs (a) and (b) of Section 5, Rule 113 of the 1985 Rules on Criminal
Procedure, as amended, which provide that arrests without a warrant may be
effected:26
a. When, in the presence of the arresting officer, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense;
or
b. When an offense has in fact just been committed, and the arresting officer
has personal knowledge of facts indicating that the person to be arrested
has committed it.
For this purpose, the Inquest Officer may summarily examine the arresting
officers on the circumstances surrounding the arrest or apprehension of the
detained person.
26
Go vs. Court of Appeals, 206 SCRA 138 [1992]; Umil, et.al. vs. Ramos, 202 SCRA 251 [1991] and companion
cases People vs. Malmstedt, 198 SCRA 401 and People vs. Aminudin, 163 SCRA 402 [1988].
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SEC. 9. Where arrest not properly effected. - Should the Inquest Officer
find that the arrest was not made in accordance with the Rules, he shall:
a. Recommend the release of the person arrested or detained;
b. Note down the disposition on the referral document;
c. Prepare a brief memorandum indicating the reasons for the action taken;
and
d. Forward the same, together with the record of the case, to the City or
Provincial Prosecutor for appropriate action.
Where the recommendation for the release of the detained person is
approved by the City or Provincial Prosecutor but the evidence on hand
warrants the conduct of a regular preliminary investigation, the order of
release shall be served on the officer having custody of said detainee and shall
direct the said officer to serve upon the detainee the subpoena or notice of
preliminary investigation, together with the copies of the charge sheet or
complaint, affidavits or sworn statements of the complainant and his witnesses and
other supporting evidence.27
SEC. 10. Where arrest properly effected. - Should the inquest Officer find
that the arrest was properly effected, the detained person shall be asked if he
desires to avail himself of a preliminary investigation and, if he does, he
shall be made to execute a waiver of the provisions of Article 125 of the
Revised Penal Code, as amended28, with the assistance of a lawyer and, in case
of non-availability of a lawyer, a responsible person of his choice.29 The
preliminary investigation may be conducted by the Inquest Officer himself or by
any other Assistant Prosecutor to whom the case may be assigned by the City or
Provincial Prosecutor, which investigation shall be terminated within fifteen
(15) days from its inception.
SEC. 11. Inquest proper. - Where the detained person does not opt for a
preliminary investigation or otherwise refuses to execute the required waiver,
27
See NPS Form No.2.
28
See NPS Form No.3.
29
Such responsible person may be a parent, elder brother or sister, spouse, the municipal mayor, the municipal
judge, district school supervisor, or priest/minister of the gospel as chosen by him (Sec. 2 (d) RA 7438, An Act
Defining Rights of Person Arrested, Detained or under Custodial Investigation)
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the Inquest Officer shall proceed with the inquest by examining the sworn
statements/affidavits of the complainant and the witnesses and other supporting
evidence submitted to him.
If necessary, the Inquest Officer shall require the presence of the complaining
witnesses and subject them to an informal and summary investigation or
examination for purposes of determining the existence of probable cause.

SEC. 12. Meaning of probable cause. - Probable cause exists when the
evidence submitted to the Inquest Officer engenders a well-founded belief that a
crime has been committed and that the arrested or detained person is probably
guilty thereof.
SEC. 13. Presence of probable cause. - If the Inquest Officer finds that
probable cause exists, he shall forthwith prepare the corresponding
complaint/information with the recommendation that the same be filed in
court. The complaint/information shall indicate the offense committed and the
amount of bail recommended, if bailable.
Thereafter, the record of the case, together with the prepared complaint/
information, shall be forwarded to the City or Provincial Prosecutor for
appropriate action.
The complaint/information may be filed by the Inquest Officer himself
or by any other Assistant Prosecutor to whom the case may be assigned
by the City or Provincial Prosecutor.

SEC. 14. Contents of Information. - The information shall, among others,
contain:
a. A certification by the filing Prosecutor that he is filing the same in
accordance with the provisions of Section 7, Rule 112, Rules on
Criminal Procedure, in cases cognizable by the Regional Trial Court30
b. The full name and aliases, if any, and address of the accused;
c. The place where the accused is actually detained;
d. The full names and addresses of the complainant and witnesses;
30
NPS Form No.2.
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e. A detailed description of the recovered items, if any;

f. The full name and address of the evidence custodian;
g. The age and date of birth of the complainant or the accused, if eighteen
(18) years of age or below; and
h. The full names and addresses of the parents, custodians or guardians of the
minor complainant or accused, as the case may be.
SEC. 15. Absence of probable cause. - If the Inquest Officer finds no

probable cause, he shall:
a. Recommend the release of the arrested or detained person;31
b. Note down his disposition on the referral document;

c. Prepare a brief memorandum indicating the reasons for the action taken;
and
d. Forthwith forward the record of the case to the city or provincial
prosecutor for appropriate action.
If the recommendation of the Inquest Officer for the release of the arrested or
detained person is approved, the order of release shall be served on the officer
having custody of the said detainee.
Should the City or Provincial Prosecutor disapprove the recommendation of
release, the arrested or detained person shall remain under custody, and the
corresponding complaint/information shall be filed by the City or
Provincial Prosecutor or by any Assistant Prosecutor to whom the case
may be assigned.
SEC. 16. Presence at crime scene. - Whenever a dead body is found and
there is reason to believe that the death resulted from foul play, or from the
unlawful acts or omissions of other persons and such fact has been brought to his
attention, the Inquest Officer shall:
a. Forthwith proceed to the crime scene or place of discovery of the dead
person;
31NPS
Form No.4.
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b. Cause an immediate autopsy to be conducted by the appropriate medicolegal officer in the locality or the PNP Medico-Legal Division or the NBI
Medico-Legal office, as the case may be;
c. Direct the police investigator to cause the taking of photographs of the
crime scene or place of discovery of the dead body;
d. Supervise the investigation to be conducted by the police authorities as well
as the recovery of all articles and pieces of evidence found thereat and
see to it that the same are safeguarded and the chain of the custody
thereof properly recorded; and
e. Submit a written report of his finding to the city or provincial prosecutor for
appropriate action.
SEC. 17. Sandiganbayan cases. - Should any complaint cognizable by the

Sandiganbayan be referred to an Inquest Officer for investigation, the latter shall,
after conducting the corresponding inquest proceeding, forthwith forward the
complete record to the City or Provincial Prosecutor for appropriate action.
SEC. 18. Recovered articles. - The Inquest Officer shall see to it that all
articles recovered by the police at the time of the arrest or apprehension of the
detained person are physically inventoried, checked and accounted for with the
issuance of corresponding receipts by the police officer/investigator concerned.
The said articles must be properly deposited with the police evidence custodian
and not with the police investigator.
The Inquest Officer shall ensure that the items recovered are duly safeguarded
and the chain of custody is properly recorded.
SEC. 19. Release of recovered articles. - The Inquest Officer shall, with the
prior approval of the City or Provincial Prosecutor or his duly authorized
representative, order the release32 of recovered articles to their lawful owner or
possessor, subject to the conditions that:

a. There is a written request for their release;33
32
See NPS Form No.5.
33
See NPS Form No.6.
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b. The person requesting the release of said articles is shown to be the lawful
owner or possessor thereof;
c. The requesting party undertakes under oath to produce said articles before
the court when so required;
d. The requesting party, if he is a material witness to the case, affirms or
reaffirms his statement concerning the case and undertakes under oath to
appear and testify before the court when so required;
e. The said articles are not the instruments, or tools in the commission of the
offense charged nor the proceeds thereof; and
f. Photographs of said articles are first taken and duly certified to by the
g. Police evidence custodian as accurately representing the evidence in his
custody.
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PART III. PRELIMINARY INVESTIGATION
SECTION 1. Concept of preliminary investigation. - A preliminary

investigation is an inquiry or proceeding to determine whether there is sufficient
ground to engender a well founded belief that a crime cognizable by the Regional
Trial Court has been committed and that the respondent is probably guilty thereof
and should be held for trial.34
A preliminary investigation is essentially a judicial inquiry since there is the

opportunity to be heard, the production and weighing of evidence, and a decision
rendered on the basis of such evidence. In this sense, the investigating prosecutor is
a quasi-judicial officer.35

SEC. 2. Purpose of preliminary investigation. - A preliminary
investigation is intended:
a.
To secure the innocent against hasty, malicious and oppressive

prosecution and to protect him from an open and public accusation of
a crime and from the trouble, expense and anxiety of a public trial;36
and
b.
To protect the state from having to conduct useless and expensive

trials.37
SEC. 3. Nature of preliminary investigation. - The conduct of a preliminary

investigation is a substantive right which the accused may invoke prior to or at
least at the time of plea, the deprivation of which would be a denial of his right to
due process.
SEC. 4. Effect of amendment of information. - In case an information is

amended, a new preliminary investigation shall be conducted if the amended
34
Section 1, Rule 112, Rules on Criminal Procedure.
35
Cruz, Jr. vs. People, 233 SCRA 439 [1994].
36
People vs. Poculan, 167 SCRA 176 [1988]; Rodis, Sr. vs. Sandiganbayan, Second Division, 166 SCRA 618
[19881; Salonga vs. Pano, 134 SCRA 438 [1985]; Trocio vs. Manta, 118 SCRA 241 [1982]; Sausi vs. Querubin, 62
SCRA 155 [1975]; and Hashim vs. Boncan, 71 Phil. 216 [1941].
37
Tandoc vs. Resultan, 175 SCRA 37 [1989].
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charge is not related to the crime originally charged; if there is a change in the
nature of the crime charged; or if the information on its face is null and void for
lack of authority to file the same.
SEC. 5. Where right of preliminary investigation may be invoked. - The

right to a preliminary investigation may be invoked only in cases cognizable by the
Regional Trial Court. The right is not available in cases triable by inferior
courts.
SEC. 6. Officers Authorized to Conduct Preliminary Investigation. - The

following may conduct a preliminary investigation38
a. Provincial or City Prosecutors and their assistants;

b. Judges of Municipal Trial Courts and Municipal Circuit Trial Courts;
c. National and Regional State Prosecutors; and
d. Other officers as may be authorized by law.39
Their authority to conduct preliminary investigation shall include all crimes

cognizable by the proper court in their respective territorial jurisdiction.40
SEC. 7. Commencement of Preliminary Investigation. - A preliminary

investigation proceeding is commenced:
a.
By the filing of a complaint by the offended party or any competent

person41directly with the office of the investigating prosecutor or judge;
38
39
b.
By referral from or upon request of the law enforcement agency

that investigated a criminal incident;
c.
Upon request of a person arrested or detained pursuant to a

warrantless arrest who executes a waiver of the provisions of article 125
of the Revised Penal Code, as amended;
Par. 1, Sec. 2, Rule 112, supra.

The Special Prosecution Officers and Graft Investigation Officers in cases cognizable by the Office of the
Ombudsman and the COMELEC officials in cases involving violations of the Election Code, PCGG Officers
40
Par. 2, Section 2, Rule 112, supra.
41Ebarle
vs. Sucaldito, 156 SCRA 803 [1987].
2008 NPC MANUAL
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d.
By order or upon directive of the court or other competent

authority; or
e.
For election offenses, upon the initiative of the Commission on

Elections, or upon written complaint by any citizen, candidate,
registered political party, coalition of registered parties or organizations
under the party-list system or any accredited citizen arm of the
commission on elections.42

SEC. 8. Complaint. - For purposes of preliminary investigation, the complaint
filed with the prosecutor's office shall, as far as practicable, be accompanied or
covered by an Information Sheet (I.S.) and shall state, among others -
a.
The full and complete names and exact home, office or postal
addresses of the complainant and his witnesses;
b.
The full and complete name and exact home, office or postal address
of the respondent;
c.
The offense charged and the place and exact date and time of its
commission; and
d.
Whether or not there exists a related case and, if so, the docket
number of said case and the name of the investigating prosecutor
thereof.
SEC. 9. Supporting affidavits. - The complaint shall be accompanied by the

affidavits of the complainant and his witnesses, as well as other supporting proofs
or documents, if any. The affidavits shall be sworn to before a Provincial, City or
State Prosecutor, or other government official authorized to administer oaths or, in
their absence or unavailability, a notary public, who must certify that he personally
examined the affiants and that he is satisfied that they voluntarily executed and
understood their affidavits.43
When the preliminary investigation is commenced by referral from or upon

request of the law enforcement agency that investigated the incident, the affidavits
of the complainant and his witnesses to be submitted by the said agency shall
consist of the original or duplicate original or certified machine copies thereof.
42
Sections 3 & 5, Rule 34, COMELEC Rules of Procedure.
43
Sec. 3(a), Rule 112, Rules on Criminal Procedure.
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SEC. 10. Number of copies of affidavits. - The complaint and supporting
affidavits shall be in such number of copies as there are respondents, plus four (4)
copies for the court/official file.
Where a complaint charges multiple offenses which cannot be the subject of
one indictment or information, the complainant may be required to submit such
additional copies of the complaint and supporting affidavits as there are offenses
charged in the complaint.
SEC. 11. Barangay certification. - If the offense charged is punishable by

imprisonment not exceeding one (1) year or a fine not exceeding Five Thousand
Pesos (5,000.00) and the parties to the case are all residents of the same city or
municipality, the complaint shall be accompanied by the certification required
under Section 412 (a) of R.A. Act No.7160, "The Local Government Code of
1991.44
SEC. 12. Lack of barangay certification. - The absence of a barangay

certification shall not be a ground for the dismissal of the complaint. The
Investigating Prosecutor shall, however, make the corresponding referral of the
complaint to the proper Lupong Tagapamayapa for appropriate action pursuant to the
provisions of Chapter 7, Book III of R.A. No. 7160. In connection therewith, the
complainant may be summoned for the purpose of delivering the referral to the
Chairman of the appropriate barangay and to secure the necessary certification
within thirty (30) days.
In any of the following cases, the Investigating Prosecutor shall proceed to take
cognizance of the complaint for purposes of preliminary investigation45even if
there is no Barangay Certification:
a. Where the respondent is under detention; or

b. Where the respondent has been deprived of personal liberty calling for
habeas corpus proceedings; or

44
c. Where the case may be barred by the statute of limitations.
See Appendix "0", List of Offenses cognizable by the Lupong Tagapamayapa (Crimes Covered by the Katarungang
Pambarangay).
45
Sec. 412(b), R.A. No.7160.
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SEC. 13. Initial action on the Complaint. - Within ten (10) days after the filing
of the complaint, the Investigating Prosecutor shall either dismiss the same if he
finds no ground to continue with the inquiry, or issue a subpoena to the
respondent, attaching thereto a copy of the complaint together with the affidavits
of witnesses and other supporting documents. 46
SEC. 14. Dismissal of complaint. - The following, among others, shall

constitute sufficient basis for the outright dismissal of a complaint:
a. That the offense charged in the complaint was committed outside the
territorial jurisdiction of the Office of the Investigating Officer;47
b. That, at the time of the filing of the complaint, the offense charged therein
had already prescribed;
c. That the complainant is not authorized under the provisions of
pertinent laws to file the complaint;
d. That the acts and/or omissions alleged in the complaint and/or the
supporting affidavits do not sufficiently show that a criminal offense or
violation of a penal law has been committed; or
e. That the complaint and the supporting affidavits are unsigned and/or have
not been duly subscribed and sworn to as prescribed under the
Rules on Criminal Procedure.
SEC. 15. Personal service of documents by investigating prosecutor. Whenever circumstances warrant and to prevent the loss of documents in the
course of the service of a subpoena through ordinary modes, the Investigating
Prosecutor may require the respondent or other parties to appear before him on a
designated date, time and place and then and there personally furnish them with
copies of the complaint, supporting affidavits and other documents.
At the said or any other setting, the respondent shall have the right to examine
all other evidence submitted by the complainant.
Failure on the part of the respondent or his counsel/representative to appear
before the Investigating Prosecutor to obtain copies of the complaint, supporting
affidavits and other documents despite receipt of notice or subpoena shall be
46
47
Section 3(b), Rule 112, Rules of Criminal Procedure.

The resolution of dismissal should include a statement that the entire record of the case is being forwarded to the
office having jurisdiction over the same.
2008 NPC MANUAL
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considered a waiver or forfeiture of respondents right to be furnished copies of the

complaint, supporting affidavits and other documents, as well as to examine all
other evidence submitted by the complainant.
For the purposes specified in the first paragraph hereof, the Investigating
Prosecutor shall not require the appearance before him of the respondent or other
parties who are residing in distant places. In such cases, the Investigating
Prosecutor shall issue and send the subpoena, together with copies of the
complaint, supporting affidavit and other documents, by registered special delivery
mail with return card.
SEC. 16. Service of subpoena in preliminary investigation. - To

expedite the conduct of a preliminary investigation, the following guidelines shall
be observed in the service of subpoenasa. Service of subpoena and all papers/documents required to be attached
thereto shall be by personal service by regular process servers. In their
absence, the cooperation of the Provincial City/Municipal Station
Commanders of the Philippine National Police (PNP) may be requested
for the purpose.
b. Under other circumstances, where personal service cannot be effected but
the respondent cannot be considered as incapable of being subpoenaed
as when he continues to reside at his known address but the return states
that he "has left his residence and his return is uncertain" or words of
similar import, service of subpoena and its attachments shall be effected
by registered mail with return card at respondent's known home/office
address. On the face of the envelope shall be indicated:
i.
The name and return address of the sender and the
ii.
Typewritten/printed phrase "First Notice Made on______________", thus

instructing the postmaster/postal employee of the necessity of informing the
sender of the date the first notice was made on the addressee; and
iii.
The typewritten/printed request: "If not claimed within five (5) days from first
notice, please return to sender."
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c. Upon receipt of the unclaimed/returned envelope, the Investigating

Prosecutor may then proceed to resolve the complaint on the basis of the
evidence presented by the complainant.48
SEC. 17. Where Respondent cannot be subpoenaed - If a respondent

cannot be subpoenaed, as, for instance, he transferred residence without leaving
any forwarding address, the Investigating Prosecutor shall base his resolution on the
evidence presented by the complainant.
SEC. 18. Counter-Affidavits. - In cases where the respondent is subpoenaed,

he shall within ten (10) days from receipt of the complaint and other
documents, submit his counter-affidavit and other supporting documents which
shall be sworn to and certified as prescribed in the second sentence of par. 1 of
Section 9 this Part, copies of which shall be furnished by the respondent to the
complainant.49
Only a counter-affidavit subscribed and sworn to by the respondent before the

Public Prosecutor can dispute or put at issue the allegations in the complaint. A
memorandum, manifestation or motion to dismiss signed by the counsel cannot
take the place of a counter-affidavit. Thus, a respondent relying on the
manifestation, memorandum or motion to dismiss of his counsel is deemed to have
not controverted complainant's evidence. 50
However, if such memorandum, manifestation or motion to dismiss is verified

by the respondent himself, the same may be considered a counteraffidavit.
SEC. 19. Motion for dismissal of bill of particulars. -The filing of a motion
for the dismissal of the complaint or for the submission of a bill of particulars shall
not suspend or interrupt the running of the period for the submission of counteraffidavits and other supporting documents.
48
Sec 3(d), Rule 112, Rules on Criminal Procedure; Department of Justice Memorandum Circular No.25 dated 2
October 1989.
49
50
Secs. 3(b) & (c), Rule 112, supra.

DOJ Resolution No.109, Series of 1990. (I. S. NO.89-243, "Bulacan Garden Corporation vs. Filomena", OPP,
Bulacan).
2008 NPC MANUAL
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All the grounds for the dismissal of the complaint, as well as objections to the
sufficiency thereof, shall be alleged or incorporated in the counter-affidavit and
shall be resolved by the Investigating Prosecutor jointly on the merits of the case.
The Investigating Prosecutor may grant a motion to dismiss filed by a
respondent who is yet to file or has not filed his counter-affidavit if the said motion
is verified and satisfactorily establishes, among others:
a. The circumstances specified in sub-paragraphs (a), (b), (c), (d) and (e) of
Section 14 of this Part;
b. The fact that the complaint, or one similar thereto or identical therewith, has
previously been filed with the Office and has been fully adjudicated upon
on the merits after due preliminary investigation proceedings; or
c. The extinction of respondents criminal liability by reason of death, pardon,

amnesty, repeal of the law under which prosecution is sought, or other
legal causes.
SEC. 20. Consolidation. - The following cases shall, as far as practicable, be

consolidated for preliminary investigation purposes and assigned to and jointly
heard by one Investigating Officer:
a. Charges and counter-charges;
b. Cases arising from one and the same incident or transaction or series of
incident or transactions; and
c. Cases involving common parties and founded on factual and/or legal issues
of the same or similar character.
SEC. 21. Extension of time. - No motion or request for extension of time to

submit counter-affidavits shall be allowed or granted by the Investigating
Prosecutor except when the interest of justice demands that the
respondent be given reasonable time or sufficient opportunity to:
a. Engage the services of counsel to assist him in the preliminary
investigation proceedings;
b. Examine or verify the existence, authenticity or accuracy of
voluminous records, files, accounts or other papers or
documents presented or submitted in support of the
complaint; or
2008 NPC MANUAL
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c. Undertake studies or research on novel, complicated or technical

questions or issues of law and of facts attendant to the case
under investigation.
Extensions of time to submit a counter-affidavit for any of the reasons stated
above shall not exceed ten (10) days. Additional extensions may be authorized
by the Provincial/City Prosecutor concerned.
SEC. 22. Suspension of proceedings. - Upon motion of a party, or when

raised in a counter-affidavit, the Investigating Prosecutor may suspend the
preliminary investigation proceedings if the existence of a prejudicial
question is satisfactorily established.51
The existence of a prejudicial question shall, however, not be a ground for

the dismissal of the complaint.
SEC. 23. Concept of prejudicial question. - A prejudicial question is one the

resolution of which is a logical antecedent of the issue involved in a case and the
cognizance of which pertains to another tribunal.52It is based on a fact distinct and
separate from the crime charged but so intimately connected with it that it
determines the guilt or innocence of the accused. To suspend the criminal action, it
must not only appear that said case involves facts intimately related to those upon
which the criminal prosecution would be based but also that in the resolution of
the issue or issues raised in the civil case, the guilt or innocence of the accused
would necessarily be determined.53

SEC. 24. Elements of prejudicial question. - The essential elements of a
prejudicial question are:
a. The civil action involves an issue similar or intimately related to the
issue raised in the criminal action;
b. The resolution of such issue determines whether or not the criminal action
may proceed;54 and
51
Sec.6, Rule 111, ibid.
52
Ras vs. Rasul, 100 SCRA 125 [1980]; Quiambao vs. Osono, G. R. No.48157, March 16, 1988; and Appendix P
53
Donato vs. Luna, G.R. No.53642, April 15, 1988; Prado vs. People, 133 SCRA 602 [1984]; and Librodo vs.
Coscolluela, Jr., 116 SCRA 303 [1982].
54Sec.
5, Rule 111, supra.
2008 NPC MANUAL
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c. The cognizance of the said issue pertains to another tribunal.55
SEC. 25. Issuance of orders of suspension of proceedings. - No

resolution or order suspending the preliminary investigation based on the existence
of a prejudicial question shall be issued by the Investigating Prosecutor without
the written approval of the Provincial/City Prosecutor concerned or his
duly designated assistant.
SEC. 26. Reply-affidavits and rejoinders. - The Investigating Prosecutor

shall not require or allow the filing or submission of reply-affidavits and/or
rejoinders, except where new issues of fact or questions of law which are
material and substantial in nature are raised or invoked in the counteraffidavit or subsequent pleadings and there exists a need for said issues
or questions to be controverted or rebutted, clarified or explained to
enable the Investigating Prosecutor to arrive at a fair and judicious resolution of
the case. In such a case, the period for the submission of reply affidavits or
rejoinders shall in no case exceed five (5) days unless a longer period is authorized by the
Provincial/City Prosecutor concerned.
SEC. 27. Clarificatory questions. - The Investigating Prosecutor may set a

hearing to propound clarificatory questions to the parties or their witnesses if he
believes that there are matters which need to be inquired into
personally by him. In said hearing, the parties shall be afforded the opportunity
to be present but without the right to examine or cross-examine. If they so desire,
they may submit written questions to the Investigating Prosecutor who may
propound such questions to the parties or witnesses concerned.56
The Investigating Prosecutor shall make a record of the questions asked and,,
answers given during the clarificatory questioning which shall be signed by the
parties concerned and/or their respective counsel. Said notes shall form part
of the official records of the case. Parties who desire to file a petition for
review of the Investigating Officer's resolution may, at their option, cite specific
portions of the oral testimony by reference to the transcript of
55
Cf. Ras vs. Rasul, supra; Quiambao vs. Osono, supra.
56
Sec. 3(e), Rule 112, supra.
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stenographic notes. Said notes shall only be transcribed in cases of appeal

and shall be obtained at the expense of the interested party.
SEC. 28. Submission of case for resolution. - The Investigating Prosecutor

shall case submitted for resolution:
a. When the respondent cannot be subpoenaed or, if subpoenaed, does
not submit his counter-affidavit within the reglementary
period. In such a case, the investigating prosecutor shall base his
resolution on the evidence presented by the complainant;57 or
b. Upon submission by the parties of their respective affidavits and

supporting proof or documents, in which event, he shall, upon the
evidence thus adduced, determine whether or not there is sufficient
ground to hold the respondent for trial58
SEC. 29. Lack of probable cause. - If the Investigating Prosecutor does not
find sufficient basis for the prosecution of the respondent, he shall prepare the
resolution recommending the dismissal of the complaint.
SEC. 30. Finding of probable cause. - If the Investigating Prosecutor finds

that probable cause exists, he shall prepare the resolution and the corresponding
information or complaint in the appropriate cases.
Where the respondent is a public officer or employee or a member of the
Philippine National Police (PNP), the Investigating Prosecutor shall also determine
whether or not the offense with which he is charged was committed in relation to
his office and, if so committed, such fact should be alleged in the information to be
filed with the Sandiganbayan through the Ombudsman.59
SEC. 31. Reopening of investigation. - After a case under preliminary

investigation has been submitted for resolution under the provisions of the
preceding Section but before promulgation of the resolution, the
preliminary investigation may be reopened for the purpose of receiving new
and/or additional evidence upon the prior authorization given by the
57
Secs. 3 (d) & (f), Rule 112, ibid.
58
Sections 3(d) & (f), Rule 112, ibid.
59
Republic vs. Maximiano Asuncion, G.R. No. L-108208, March 1994.
2008 NPC MANUAL
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Provincial/City Prosecutor concerned or upon motion of the interested party,

Provided, that in the latter case, it shall be subject to the following conditions:
a. The motion is verified and a copy thereof furnished the opposing party;
b. The motion is accompanied with the new and/or additional
evidence; and
c. The motion sufficiently and satisfactorily shows valid and justifiable reason
for the failure of the movant to submit the new and/or additional
evidence during the preliminary investigation proceedings.
SEC. 32. Cases Transmitted by the Municipal Trial Judge. - Upon receipt
of the records of the case from the Municipal Trial Court or Municipal Circuit
Trial Court which conducted the Preliminary Investigation, the Prosecution Office
shall review the case based on the existing records, without requesting the parties to
submit memorandum of authorities60 and may affirm, modify or reverse the
finding of the Municipal Trial Court judge. However, if the interest of justice so
requires, the prosecutor may conduct a full blown reinvestigation giving the parties
the opportunity to submit additional evidence, and thereafter, resolve the case on
the basis of the totality of the evidence thus adduced.
SEC. 33. Memoranda. - The Investigating Prosecutor shall not require nor
allow the filing or submission by the parties of memoranda unless the case involves
difficult or complicated questions of law or of fact. In any event, the filing of
memoranda by the parties shall be done simultaneously and the period therefore
shall not exceed ten (10) days, unless a longer period is authorized by the Provincial/City
Prosecutor concerned.
SEC. 34. Period for resolving a case. - The Investigating Prosecutor shall
resolve the case within ten (10) days from the time the case is deemed
submitted for resolution,61unless otherwise provided herein or a longer period is authorized by
the Provincial/City Prosecutor concerned.
SEC. 35. Form of resolution and number of copies. - The resolution shall
be written in the official language, personally and directly prepared and signed by
60 Department
61
of Justice Memorandum Circular No. 7, s.1988.
Sec. 3(f), Rule 112, supra.
2008 NPC MANUAL
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the Investigating Prosecutor. It shall be prepared in as many copies as there are

parties, plus three (3) additional copies.

SEC. 36. Contents of the resolution. - A resolution shall contain a caption
and a body.

SEC. 37. Caption of resolution. - The caption of the resolution shall indicate
the:
a. Names of all the complainants and all of the respondents;
b. Case number, otherwise known as the investigation slip number or I.S. No.;
c. The offense charged;
d. The date of the filing of the complaint with the office;
e. The date of the assignment of the case to or receipt of the case record by
the Investigating Officer; and
f. The date the case was submitted for resolution.
SEC. 38. Names of parties. - The complete names of all the complainants and
respondents in the case shall be set out in the caption of the resolution. It is not
proper to use the phrase "et. al." to refer to other complainants and respondents.
The name of the victim or injured party, not their representative, shall appear in the caption. In
cases referred to the prosecution by the police where there is no identified victim, as
in prohibited drugs cases, the complainant shall be the police station involved,
followed by the name and designation of the police officer representing the police
station. In homicide or murder cases, the name of the victim or of the complainant
shall be in the caption. The heirs or relatives of the slain victim shall be indicated
as "Legal heirs of deceased (name or person killed)", represented by "(either the
surviving spouse, father or mother)".
In the case of a corporation or judicial entity, its corporate name or identity
shall be indicated and written as follows. " 'X' Corporation, represented by its
(position title), (name of corporate officer)".
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SEC. 39. Case number. - The number of a case shall indicate the year and
month; it was filed and its entry number in the log book of the office, e.g. 97
(year)A (month)-024 (entry number).
SEC. 40. Designation of offense charged. - For offenses that are punishable
under the Revised Penal Code, the caption shall set forth the denomination of the
offense and the specific article and paragraph of the statute violated.
Where there is another charge or countercharge in the same case having one
case number or in case of a consolidated resolution involving two or more criminal
cases with two or more docket numbers, the caption shall also contain said
information.

SEC. 41. Contents of body of resolution. - In general, the body of resolution
should contain:
a. A brief summary of the facts of the case;
b. A concise statement of the issues involved; and
c. The findings and recommendations of the investigating prosecutor.
d. All material details that should be found in the information prepared by the
Investigating Prosecutor shall be stated in the resolution.
SEC. 42. Parts of a resolution. - As a rule, the body of a resolution is made up of

four parts, namely:
a. Part 1 shall state the nature of the case as disclosed in the evidence
presented by the complainant such as his affidavit-complaint, the affidavit
of witnesses and documentary and physical evidence. The affidavits shall
be numbered in the order of the presentation of the prosecution
witnesses as disclosed in the list of witnesses appearing in the information.
As for the documentary evidence, they shall be alphabetically marked as
they would be marked during the pre-trial and trial stages of the case.
b. Part 2 shall contain the version of complainant of the incident. The
presentation of the complainant's case should be concise and shall not be
cluttered with details that are not necessary to show the elements of the
offense.
2008 NPC MANUAL
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c. Part 3 shall allege the respondent's version of the incident. This must also
be concise.
d. Part 4 shall contain the discussion, analysis and evaluation by the prosecutor
of the evidence presented by the complainant and the respondent,
without relying on the weakness of the defense of the respondent. It shall
also contain the conclusion of the prosecutor. The complainant's and
respondent's versions of the incident need not be repeated in this part
except to point out excerpts relating to the existence or absence of the
elements of the crime. Citations of pertinent laws and jurisprudence
should support the conclusions reached. Where numerical values are
important, the number shall be written in words and figures.

SEC. 43. How recommended bail is written. - The bail recommended in the
resolution shall be written in words and figures.

SEC. 44. Recommended bail. - The bail recommended in the resolution shall
be stated in the information, written in words and figures, and initialed by the
investigating prosecutor.
SEC. 45. Parties to be furnished with a copy of the resolution. - The

complete names and addresses of the complainant and the respondent shall be set
out at the end of the resolution after the signature of the investigating prosecutor
and the head of the Prosecutor's Office concerned under the phrase: "Copy
furnished:"
If the parties are represented by counsel and the latter's appearance is
entered formally in the record,62the counsel, not the party, shall be given a copy of
the resolution.
SEC. 46. Signature and initials of investigating prosecutor. - The

investigating prosecutor shall sign the resolution and if the resolution consists of
two or more pages, the prosecutor shall initial all of said pages, excluding the
signature page.
62
Note: A special appearance does not qualify.
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SEC. 47. Records of the case. - The investigating fiscal shall forward his
resolution, together with the complete records of the case, to the Provincial or City
Prosecutor or Chief State Prosecutor concerned within five (5) days from the
date of his resolution.63
SEC. 48. Action of the Provincial or City Prosecutor or Chief State

Prosecutor on resolution. - The Provincial or City Prosecutor or Chief State
Prosecutor concerned shall act on all resolutions within ten (10) days from receipt
thereof by either approving or disapproving the resolution or returning the
same to the investigating prosecutor for further appropriate action immediately
after approving or disapproving the resolution, the Provincial or City Prosecutor or
Chief State Prosecutor concerned shall transmit a copy of the resolution to the
parties.
SEC. 49. Reversal by the Provincial or City Prosecutor or Chief State

Prosecutor of resolution of investigating prosecutor. - If the Provincial or
City Prosecutor or Chief State Prosecutor reverses the recommendation in the
resolution of the investigating prosecutor, the former may, by himself, file the
corresponding information or direct any other assistant prosecutor or state
prosecutor, as the case may be, to do so without need of conducting another
preliminary investigation.
SEC. 50. Approval of pleading by head of prosecution office. - A

pleading prepared by the trial prosecutor, including ex parte motions, shall not be
filed in court without the prior written approval by the Provincial or City
Prosecutor or Chief State Prosecutor, as the case may be, of said pleading.
SEC. 51. Motion for reinvestigation, where filed. - Before the

arraignment of the accused, a motion for reinvestigation of the case may be filed
with the City/Provincial Prosecutor, Provided, That when the case has been
appealed to the Regional State Prosecutor or the Department of Justice, such
motion may be filed, respectively, with the said offices. After arraignment, said
motion may only be filed with the judge hearing the case.
63
Sec. 4, par.1, Rule 112, supra.
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SEC. 52. Confidentiality of resolutions. - All resolutions prepared by an

Investigating Prosecutor after preliminary investigation, whether his
recommendation be for the filing or dismissal of the case, shall be held in strict
confidence and shall not be made known to the parties, their counsel and/
or to any unauthorized person until the same shall have been finally
acted upon by the Provincial/City Prosecutor or his duly authorized assistant
and approved for promulgation and release to the parties.
Violation of the foregoing shall subject the Investigating Prosecutor or the
employee of the office concerned to severe disciplinary action.
SEC. 53. Information/Complaint. - The information/complaint shall be

personally and directly prepared by the Investigating Prosecutor or such other
prosecutor designated for the purpose and signed by him or the complainant, as
the case may be. It shall state and contain, in addition to the requirements of the
Rules of Court on the sufficiency of the allegations in an information or complaint,
the following:
a. The full name and aliases, if any, and address of the accused;
b. The age and date of birth of the complainant or the accused, if eighteen
(18) years of age or below;
c. The full names and addresses of the parents, custodian or guardian of the
minor complainant or accused, as the case may be;
d. The place where the accused is actually detained;
e. The full names and addresses of the complainant and witnesses;
f. A detailed description of the recovered items, if any;
g. The full name and address of the evidence custodian; and
h. The bail recommended, if the charge is bailable.
The Investigating Prosecutor shall certify under oath that he or, as shown by the
record, an authorized officer, had personally examined the complainant and his
witnesses; That there is reasonable ground to believe that a crime has been
committed and that the accused is probably guilty thereof; that the accused was
informed of the complaint and of the evidence submitted against him and that he
was given an opportunity to submit controverting evidence; and that he is filing the
2008 NPC MANUAL
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complaint or information with the prior authority and approval of the Provincial/
City Prosecutor concerned.64
SEC. 54. Documents to be attached to information/complaint. - An

information/complaint that is filed in court shall, as far as practicable, be
accompanied by a copy of the resolution of the Investigating Prosecutor, the
complainant's affidavit, the sworn statements of the prosecution's witnesses, the
respondent's counter-affidavit and the sworn statements of his witnesses and such
other evidence as may have been taken into account in arriving at a determination
of the existence of probable cause.65
SEC. 55. Promulgation of resolution. - The result of the preliminary

investigation shall be promulgated by furnishing the parties or their counsel a copy
of the resolution by:
a. Personal service;
b. Registered mail with return card to the complainant, and by ordinary mail
to the respondent, if the resolution is for the dismissal of the complaint;
or
c. Registered mail with return card to the respondent, and by ordinary mail to
the complainant, if the resolution is for the indictment of the respondent.
SEC. 56. Motion for reconsideration. - A motion for reconsideration may be

filed within ten (10) days from receipt of the resolution. The motion shall be
verified, addressed to the Provincial/City Prosecutor or the Chief State Prosecutor,
and accompanied by proof of service of a copy thereof on the opposing party and
must state clearly and distinctly the grounds relied upon in support of the motion.
A motion for reconsideration is still part of due process in the preliminary
investigation. The denial thereof is a reversible error as it constitutes a deprivation
of the respondent's right to a full preliminary investigation preparatory to the filing
of the information against him.66The court therefore may not proceed with
64
Section 4 (2) Rule 112, supra.
65
Lim V. Felix, G. R. No.94054-57, and Fernandez V. Felix, G.R. No.94266-57, 194 SCRA 292 [1991]; See also
Allado V. Diokno, 232 SCRA 192 [1994].
66
Torralba vs. Sandiganbayan, 230 SCRA 33 [1994].
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the arraignment and trial pending resolution of the motion for

reconsideration.
SEC. 57. Inhibition. - A Prosecutor shall inhibit himself from conducting a

preliminary investigation in a case wherein a. He or his wife or child is interested as heir, legatee, creditor or otherwise; or
b. He is related to either party or to counsel within the 6th degree of
consanguinity or within the 4th degree of affinity;
c. He has been named counsel or executor, administrator, guardian, trustee.
A motion to disqualify or inhibit the Investigating Prosecutor may be filed with
the City/Provincial or Chief State Prosecutor concerned for just or valid reasons
other than those mentioned above.
SEC. 58. Period to resolve cases under preliminary investigation. - The

following periods shall be observed in the resolution of cases under preliminary
investigation:
a. The preliminary investigation of complaints charging a capital offense
shall be terminated and resolved within ninety (90) days from the date
of assignment to the Investigating Prosecutor.
b. The preliminary investigation of all other complaints involving crimes
cognizable by the Regional Trial Courts shall be terminated and
resolved within sixty (60) days from the date of assignment.
c. In cases of complaints involving crimes cognizable by the Metropolitan
Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts, the preliminary investigation - should the same be
warranted by the circumstances - shall be terminated and resolved within
sixty (60) days from the date of assignment to the Investigating
Prosecutor.
In all instances, the total period (from the date of assignment to the time of
actual resolution) that may be consumed in the conduct of the formal preliminary
investigation shall not exceed the periods prescribed herein.67

67
Department of Justice Circular No.24 dated 24 March 1995.
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PART IV. PETITION FOR REVIEW68
CITY/PROVINCIAL !
MR <10>
REGIONAL STATE !
if less than prision
correccional
CHIEF STATE !
on any case it decides to take
cognizance of
NOT appealable

SECTION 1. Subject of petition for review. - Only resolutions of the
Chief State Prosecutor/Regional State Prosecutor/Provincial or City Prosecutor
dismissing a criminal complaint may be the subject of a Petition for Review to the
Secretary of Justice except as otherwise provided in Section 4 hereof.
A petition from the resolution of a Provincial/City Prosecutor where the
penalty prescribed for the offense charged does not exceed prision
correccional, regardless of the imposable fine, shall be made to the Regional
State Prosecutor who shall resolve the petitions with finality. Such petitions
shall also be governed by these rules.
The provision of the preceding paragraph on the finality of the resolution of
the Regional State Prosecutor notwithstanding, the Secretary of Justice may, in
the interest of justice and pursuant to his residual authority of supervision and
control over the prosecutors of the Department of Justice, order the automatic
68
Department Order No.223 dated June 30,1993 as amended by DO No.359 dated October 17, 1995.
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review by his office of the resolution of the Regional State Prosecutors in the cases
appealed to the latter.

SEC. 2. Period to file petition. - The petition must be filed within a period
of fifteen (15) days from receipt of the questioned resolution by the party or his
counsel. The period shall be interrupted only by the filing of a motion for
reconsideration within ten (10) days from receipt of the resolution and shall
continue to run from the time the resolution denying the motion shall have been
received by the movant or his counsel.
SEC. 3. Form and contents. - The petition shall be verified by the

petitioner and shall contain the following:
a. Date of receipt of the questioned resolution; date of filing of the motion for
reconsideration, if any, and date of receipt of the resolution on the
motion for reconsideration;
b. Names and addresses of the parties;
c. The investigation slip number or I.S. No. and/or criminal case number and
the title of the case;
d. The venue of the preliminary investigation;
e. A clear and concise statement of the facts, the assignment of errors, and the
legal basis of the petition;
f. In case of a finding of probable cause, that petitioner has filed in court a
motion to defer further proceedings; and
g. Proof of service of a copy of the petition to the adverse party or his counsel
and the prosecutor either by personal delivery or registered mail
evidenced by the registry receipts and affidavit of mailing.
The petitioner shall append to his petition copies of the material and pertinent
affidavits/sworn statements (including their translations, if any, duly certified by the
city/provincial prosecutor) and evidence submitted in the preliminary investigation
by both parties and the questioned resolution.
The prosecutor concerned shall immediately inform the Department or the
Regional State Prosecutor of the action of the court on the motion to defer further
proceedings. If the accused is arraigned during the pendency of the petition, the
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prosecutor concerned shall likewise immediately inform the Department or the

Regional State Prosecutor of such arraignment.
SEC. 4. Cases not subject to review; Exceptions. - No petition may be

allowed from a resolution of the Chief State Prosecutor/Regional State
Prosecutor/Provincial or City Prosecutor finding probable cause except upon
showing of manifest error or grave abuse of discretion. Either
complainant/offended party or respondent/accused may file a petition.
Notwithstanding the showing of manifest error or grave abuse of discretion no
petition shall be entertained where the accused had already been
arraigned. Once arraigned, the petition shall be dismissed motu proprio by
the Secretary of Justice.
SEC. 5. Answer. - Within a non-extendible period of fifteen (15) days from

receipt of a copy of the petition, the respondent may file a verified answer
indicating therein the date that the copy of the petition was received with
proof of service of the answer to the petitioner. If no answer is filed, the
case shall be resolved on the basis of the petition.
SEC. 6. Withdrawal of petition. - The petition may be withdrawn at any

time before it is finally resolved, in which case the questioned resolution shall stand.
SEC. 7. Motion for reinvestigation. - At any time after the filing of the
petition and before its resolution, the petitioner may, with leave of court, file a
motion for reinvestigation on the ground that new and material evidence has been
discovered which petitioner could not, with reasonable diligence, have discovered
during the preliminary investigation and which if produced and admitted would
probably change the resolution. The Department or the Regional State Prosecutor,
as the case may be, shall then issue a resolution directing the reinvestigation of the
case, if still legally feasible. When reinvestigation is granted, it shall take place in
the Office of the Prosecutor from which the petition was taken.
SEC. 8. Disposition of petition. - The Secretary of Justice or the Regional

State Prosecutor may reverse, affirm or modify the questioned resolution. They
may, motu proprio or on motion of the petitioner, dismiss outright the petition
on any of the following grounds:
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a. That the offense has prescribed;

b. That there is no showing of any reversible error;
c. That the procedure or requirements herein prescribed have not been

complied with;
d. That the questioned resolution is interlocutory in nature, except when it
suspends the proceedings based on the alleged existence of a prejudicial
question; or
e. That other legal or factual grounds exist to warrant a dismissal.
SEC. 9. Motion for Reconsideration. - The aggrieved party may file a motion
for reconsideration within a non-extendible period of ten (10) days from receipt
of the resolution on the petition, furnishing the adverse party or his counsel and
the prosecutor with copies thereof. No second motion for reconsideration shall be
entertained.
SEC. 10. Effect of filing of petition. - A petition for review, motion for
reconsideration/reinvestigation from a resolution finding probable cause shall not
hold the filing of the information in court.
Pending resolution of the Petition for review, the accused is entitled to a
suspension of the proceedings, to the holding in abeyance of the issuance of
warrant of arrest, and deferment of the arraignment.69
69
Like a motion for reconsideration of the resolution of the City/Provincial Prosecutor, the right to a petition for review
is a part of due process. Notwithstanding the ruling in Crespo vs. Mogul (151 SCRA 463 [1987]), the Court may not
proceed with the criminal proceedings until after the resolution of the Regional Prosecutor or of the Secretary of
Justice shall have become final, and the corresponding motion has been filed in Court by the trial prosecutor to
withdraw or dismiss the information or to proceed with the trial as the case may be, per findings in the petition for
review. (See Roberts; Jr. et al. vs. C.A. et al., 254 SCRA 307 [1996]).
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PART V. BAIL70

SECTION 1. Bail defined. - Bail is the security given for the release of a
person in custody of the law, furnished by him or a bondsman, conditioned upon
his appearance before any court as required under the conditions hereinafter
specified. Bail may be given in the form of corporate surety, property bond, cash
deposit, or recognizance.
SEC. 2. Nature of right to bail. - The right to bail is guaranteed by the

Constitution. It is the duty of the prosecutor to recommend such amount of bail to
the courts of justice as, in his opinion, would ensure the appearance of an accused
person when so required by the court.71
SEC. 3. Non-bailable offense. - No person charged with a capital offense,

or an offense punishable by reclusion perpetua or life imprisonment, when evidence of
guilt is strong, shall be admitted to bail regardless of the stage of the criminal
prosecution.
SEC. 4. Criteria in recommending amount of bail. - In recommending the

amount of bail to be granted by the court, the prosecutor shall take into
consideration the following standards and criteria:
a. Financial ability of the respondent/accused to post bail;
b. Nature and circumstances of the offense;
c. Penalty for the offense charged;
d. Age, state of health, character and reputation of the respondent/accused
under detention;
e. Weight of the evidence against the respondent/accused under detention;
f. Forfeiture of other bonds and pendency of other cases wherein the
respondent/accused under detention is under bond;
70
Rule 114, Rules on Criminal Procedure, as amended by Supreme Court Administrative Circular No.12-94 dated
August 16, 1994.
71
Department of Justice Circular No.36, Sept. 1, 1981.
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g. The fact that respondent/accused under detention was a fugitive from justice
when apprehended; and
h. Other factors affecting the probability of the accused appearing at the trial.72
SEC. 5. Burden of proof in bail application. - At the hearing of an

application for admission to bail filed by any person who is in custody for the
commission of an offense punishable by death, reclusion perpetual or life
imprisonment, the prosecution has the burden of showing that evidence of guilt is
strong. The evidence presented during the bail hearings shall be considered
automatically reproduced at the trial, but upon motion of either party, the court
may recall any witness for additional examination unless the witness is dead,
outside of the Philippines or otherwise unable to testify.
SEC. 6. Recognizance. - Whenever allowed pursuant to law or these Rules,

the court may release a person in custody on his own recognizance or that of a
responsible person.
SEC. 7. Bail, when not required; reduced bail or recognizance. - No bail

shall be required when the law or the Rules issued by the Supreme Court so
provide.73
When a person has been in custody for a period equal to or more than the
possible maximum imprisonment of the offense charged to which he may be
sentenced, he shall be released immediately without prejudice to the continuation
of the trial thereof or the proceedings on appeal. In case the maximum penalty to
which the accused may be sentenced is destierro, he shall be released after thirty (30)
days of preventive imprisonment.
A person in custody for a period equal to or more than the minimum of
the principal penalty prescribed for the offense charged without application of the
Indeterminate Sentence Law or any modifying circumstance shall be released on a
reduced bail or on his own recognizance, at the discretion of the court.
72
73
Sec. 6, Rule 114, supra; Department of Justice Circular No.4, series of 1996, effective 1 February 1996.
See RA 6036 and Rules on Summary Procedure; Art. 29, Revised Penal Code; BP BIg 85 [1980]; Sec. 13, Rule
114, ibid.
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SEC. 8. Notice of application for bail to prosecutor. - In an application

for bail, the court shall give reasonable notice of the hearing to the prosecutor or
require him to submit his recommendation.
SEC. 9. Cancellation of bail bond. - Upon application filed with the court
and after due notice to the prosecutor, the bail bond may be canceled upon
surrender of the accused or proof of his death.
The bail bond shall be deemed automatically canceled upon acquittal of the
accused or dismissal of the case or execution of the final judgment of conviction.
In all instances, the cancellation shall be without prejudice to any liability on
the bond.
SEC. 10. Arrest of accused out on bail. - For the purpose of surrendering
the accused, the bondsmen may arrest him, or on written authority endorsed on a
certified copy of the undertaking may cause him to be arrested by any police
officer or any other person of suitable age and discretion.
An accused released on bail may be re-arrested without the necessity of a
warrant if he attempts to depart from the Philippines without prior permission of
the court where the case is pending.
SEC. 11. No bail after final judgment, exception. - An accused shall not
be allowed bail after the judgment has become final, unless he has applied for
probation before commencing to serve sentence, the penalty and the offense being
within the purview of the Probation Law. In case the accused has applied for
probation, he may be allowed temporary liberty under his bail bond, but if no bail
was filed or the accused is incapable of filing one, the court may allow his release
on recognizance under the custody of a responsible member of the community. In
no case shall bail be allowed after the accused has commenced to serve sentence.
a. SEC. 12. Rules in computing the bail to be recommended. - To

achieve uniformity in the amount of bail to be recommended, the
following rules shall be observed:
a. Where the penalty is reclusion perpetua, life imprisonment, reclusion perpetua to
death or death, bail is not a matter of right; hence, it shall not be
recommended.
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b. Where bail is a matter of right and the imposable penalty is imprisonment

and/or fine, the bail shall be computed on the basis of the penalty of
imprisonment applying the following rules:
i. Where the penalty is reclusion temporal (regardless of period) to reclusion perpetua,
bail shall be computed based on the maximum of reclusion temporal.
ii. Where the imposable penalty is correccional or afflictive, bait shall be based on the
maximum of the penalty, multiplied by P2,000.00. A fraction of a year shall be
rounded-off to one year.
iii.For crimes covered by the rules on summary procedure and Republic Act No. 6036,
bail is not required except when respondent/accused is under arrest, in which case,
bail shall be computed in accordance with this guideline.
iv. For crimes of reckless imprudence resulting in homicide arising from violation of the
land transportation and traffic code, bail shall be P30,000.00 per deceased
person.
v. For violation of Batas Pambansa Blg. 22, bail shall be 50% of the amount of check but
should not be less than P2,000.00 nor more than P30,000.00.
vi.Where the imposable penalty is only a fine, bail shall be computed as follows:
i. Fine not exceeding P2,000.00,bail is not required.
ii. Fine of more than P2,000.00,bail shall be 50% of the fine but should not exceed
P30,000.00.
iii.In case of reckless imprudence resulting to damage to property, bail shall be
three-eighths (3/8) of the value of the damage but not exceeding P30,000.00
except when covered by the Rules on Summary Procedure.
c. Bail based on the maximum penalty, multiplied by P10,000.00 shall be

applied to the following offenses under the following laws:
i. Republic Act No. 6425 (Dangerous Drugs Act), as amended by RA 7659;
ii. Republic Act No. 6539 (Anti-Carnapping Act), as amended by RA 7659;
iii.Republic Act No.b7659 (for other crimes covered by it);
iv. Presidential Decree No. 186 (Illegal Possession of Firearms, Ammunition or
Explosives), as amended by RA 8294;
v. Republic Act No. 1937 (Tariff and Customs Code), as amended; or
vi.Rebellion, insurrection or Coup d'etat as amended by Republic Act No. 6968.
SEC. 13. Petition for bail in a continuous trial. - In case a petition for bail
is filed by the accused and the court orders a continuous trial of the case, the public
prosecutor shall be prepared with his principal witnesses. Where there are several
accused and one or two filed a petition to bail, the trial prosecutor shall, before the
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presentation of his first witness, manifest in open court that the evidence to be
presented in the hearing of the petition for bail shall be adopted as its evidence-inchief.
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PART VI. ARREST
SECTION 1. Definition of probable cause as a ground for an arrest or

issuance of a warrant of arrest. - Probable cause is such facts and circumstances
which would lead a reasonably discreet and prudent man to believe that an offense
has been committed by the person sought to be arrested.74
SEC. 2. Remedy if no warrant of arrest is issued by the investigating

judge. -If the investigating judge is satisfied that there is probable cause but did not
issue the warrant of arrest contrary to the prosecutor's belief that there is a need to
place the accused under custody, the speedy and adequate remedy of the
prosecutor is to immediately file the information so that the Regional Trial Court
judge may issue the warrant for the arrest of the accused.75
SEC. 3. Request for a copy of the return. - If a warrant of arrest has

been issued, the prosecutor may request the warrant officer that he be furnished
with the officer's return relative thereto. The prosecutor shall, as far as practicable,
coordinate with the witnesses from time to time to ascertain the whereabouts of the
accused pending the latter's arrest.
74
Bernas, The Constitution of the Republic of the Philippines, a Commentary, Vol. I, First Ed., 1987, pp.86-87 cited in
Department Circular No.24, dated March 24 1995.
75
Samulde vs. Salvani, Jr.,165 SCRA 724 [1988].
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PART VII. ARRAIGNMENT AND PLEA
SECTION 1. Concept of Arraignment. - Arraignment is a mandatory

requirement that seeks to give the accused the opportunity, at the first instance, to
know why the prosecuting arm of government has been mobilized against him and
to plead. At the arraignment, the accused may enter a plea of guilty or not guilty.
SEC. 2. Duties Of Trial Prosecutor. a.
Before the arraignment of the accused, the trial prosecutor shall examine the
information vis-a-vis the resolution of the investigating prosecutor in order
to make the necessary corrections or revisions and to ensure that the
information is sufficient in form and substance.
b.
After arraignment, the trial prosecutor shall prepare his witnesses for trial.
Government witnesses, e.g. medico-legal officer, chemists, forensic experts,
examiners etc. should, as much as practicable, be presented in accordance
with the logical and chronological sequence of the technical aspects to be
proved.
SEC. 3. Effect of filing a petition for review. - When an aggrieved party

manifests in court that he has a pending petition for review with the Department of
Justice and moves for a deferment of the arraignment pending resolution of his
petition, the Trial Prosecutor may conform thereto once proof of said petition has
been presented by the petitioner to his satisfaction.
SEC. 4. Concept of Plea. - The plea is the reply of the accused to the charge. It
raises the issue to be tried and on which the judgment/sentence of the court can be
properly based.
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PART VIII. PRE-TRIAL76
SECTION 1. Concept of pre-trial. - A pre-trial is a process whereby the

accused and the prosecutors in a criminal case work out, usually at the arraignment
stage, a naturally satisfactory disposition of a case subject to court approval in
order to expedite the trial of the case.77
The prosecutor shall enter into a pre-trial only when the accused and
counsel agree and upon order of the court.
SEC. 2. Duties of prosecutor before and after the pre-trial conference.

- Before the pre-trial conference, the prosecutor should know every fact and detail
of the case. This can be accomplished by interviewing the complainant and other
witnesses and after a thorough examination of the available documentary and
other physical evidence. The prosecutor should place importance on the testimony
of the expert witness. The knowledge that the prosecutor will gain from said
witness will help him determine the procedures undertaken in the examination of a
subject or thing; the scientific or technical terms applied, and the reason/s in
arriving at a certain conclusion.
During the pre-trial process, the prosecutor shall bear in mind that he has to
prove his case beyond a reasonable doubt and that every act or incident should be
proved by the testimony of qualified and competent witnesses.
After the pre-trial conference, the prosecutor shall ensure that any
agreement or admission made or entered therein is in writing and
signed by the accused and his counsel.
SEC. 3. Subject matters of pre-trial. - The pre-trial conference shall

consider the following:
a. Plea bargaining - This is a process where the defendants usually plead
guilty to a lesser offense or to only one or some of the counts of a multicount indictment in return for a lighter sentence than that for the graver
charge78;
76
Rule 118, Rules on Criminal Procedure.
77
Black's Law Dictionary, 5th Ed. 1979, p.1037.
78
ibid, p.1037.
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b. Stipulation of facts - This is the agreement of the parties on some facts

admitted, some facts covered by judicial notice (Sec. 1, Rule 129), judicial
admissions (Sec. 2 Rule 129), or on matters not otherwise disputed by
them. In cases requiring the presentation of government witnesses or
evidence, the Trial Prosecutor should exert every effort to secure a
waiver by the accused of objections to the admissibility of
certain documentary evidence, e.g., medical or death certificate,
necropsy report, forensic chemistry report, ballistics report, Philippine
Overseas and Employment Administration (POEA) Certification, and the
like, if such evidence has no relevance whatsoever to the theory
of the defense, in order to dispense with the presentation and
testimony in court of government witnesses. Whenever appropriate
or necessary, the counter-affidavit of the accused submitted luring the
preliminary investigation may be resorted to or availed of to demonstrate
or establish the defense theory;
c. Marking of documentary evidence in advance for identification;
d. Waiver in advance of objections to admissibility of evidence;
e. List of witnesses to be presented which should be qualified by the
following statement: "that other witnesses may be presented in the course of the trial;
and
f. Such other matters as will promote a fair and expeditious trial.
SEC. 4. Plea of Guilty to a Lesser Offense. - The following rules shall apply
to cases where the accused pleads guilty to a lesser offense:
a. The Trial Prosecutor shall immediately move for the suspension of the
proceedings whenever the accused manifests his intention in court to
plead guilty to a lesser offense. This will enable the Trial Prosecutor to
evaluate the implications of the offer.
b. If the lesser offense to which the accused will plead guilty is not a
capital offense, the Trial Prosecutor may dispense with the
presentation of evidence unless the court directs otherwise.
c. The Trial Prosecutor, with the consent of the offended party, may motu
proprio agree to the offer of the accused to plead guilty to a lesser offense
if the penalty imposable therefor is prision correccional (maximum of six
[61 years) or less or a fine not exceeding P12,000.00.
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d. When the penalty imposable for the offense charged is prision mayor (at
least six [6] years and one [1] day or higher) or a fine exceeding P12,000.00,
the Trial Prosecutor shall first submit his comment/
recommendation to the City or Provincial Prosecutor or to the Chief
State Prosecutor, as the case may be, for approval. If the
recommendation is approved in writing, the Trial Prosecutor, may, with
the consent of the offended party, agree to a plea of guilty to a lesser
offense. For this purpose, the Chief State Prosecutor or the Provincial or
City Prosecutor concerned shall act on the recommendation of the Trial
Prosecutor within forty-eight (48) hours from receipt thereof. In no case
shall the subject plea to a lesser offense be allowed without the
written approval of the above respective heads of office.
e. In all cases, the penalty for the lesser offense to which the accused may be
allowed to plead guilty shall not be more than two (2) degrees lower
than the imposable penalty for the crime charged, notwithstanding
the presence of mitigating circumstances. The lesser offense shall
also be one that is necessarily related to the offense charged or the offense
must belong to the same classification or title under the Revised Penal
Code or the relevant special laws.79
f. However, the plea of guilty to a lesser offense may not be allowed where it
so contravenes law and common sense as to be unconscionable,
thereby resulting injustice. Where the offense charged is homicide, a plea
of guilty to a lesser offense of frustrated or attempted homicide, may not
be allowed, since the fact of death cannot be reconciled with the plea of
guilty to frustrated or attempted homicide. Homicide necessarily
produces death, while frustrated or attempted homicide does
not.80
SEC. 5. When accused pleads guilty to a capital offense. - If the accused

pleads guilty to a capital offense, the Trial Prosecutor must present evidence
to prove the guilt of the accused and the precise degree of his culpability.
This is mandatory.
79
Department of Justice Circular No.55, dated 31 July 1990.
80
Amatan vs. Aujero 248 SCRA 511(1995).
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PART IX. TRIAL
SECTION 1. Definition of trial. - A trial is a judicial examination of the

claims at issue in a case which are presented by the prosecution and defense to
enable the court to arrive at a judgment pronouncing either the guilt or innocence
of the accused.
SEC. 2. Concept of trial. - The object of a trial is to mete out justice, and to
convict the guilty and protect the innocent. Thus, the trial should be a search for
the truth and not a contest over technicalities and must be conducted under such
rules as will protect the innocent.
SEC. 3. Expeditious prosecution of criminal cases filed with the

courts. -The Trial Prosecutor shall always be prepared to conduct the prosecution
with his witnesses who shall be subpoenaed well in advance of the scheduled trial
dates. No postponement of the trial or other proceedings of a criminal case shall
be initiated or caused by the Trial Prosecutor except in instances where the
postponement is occasioned by the absence of material witnesses or for other
causes beyond his control or not attributable to him.
SEC. 4. Order of presentation of witnesses. a. The order in the presentation of witnesses will be left to the discretion of the
Trial Prosecutor. However, the prosecutor should take into consideration
the order of events as established by the evidence of the prosecution.
b. Witnesses who will testify for the first time shall be afforded the opportunity
to be advised to observe criminal proceedings in court to help them
overcome their anxiety, excitement and tension.
SEC. 5. Preparation of formal offer of exhibits. - The Trial Prosecutor shall

safely keep his documentary and other physical evidence and prepare a list thereof
in the order they have been marked as exhibits, identifying each by letter or
number, describing it briefly, and stating its specific purpose or purposes.
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SEC. 6. Defense evidence. a. Before reception of evidence for the defense starts, the Trial Prosecutor shall
ask from the adverse counsel the number of witnesses he intends to
present.
b. If the names of defense witnesses are disclosed the Trial Prosecutor shall
elicit from reliable sources the whereabouts of these witnesses, their moral
character, background, reasons for testifying and relationship with the
accused, among other things, to enable him to have a clear view of the
defense of the accused.
SEC. 7. Discharge of accused to be a State Witness. - When two or more

persons are jointly charged with the commission of any offense, upon motion of
the prosecution before resting its case, the court may direct one or more of the
accused to be discharged with their consent so that they may be witnesses for the
state provided the court, after hearing, is satisfied that:
a. There is absolute necessity for the testimony of the accused whose

discharge is requested.
b. There is no other direct evidence available for the proper prosecution of
the offense committed, except the testimony of said accused, as when he
alone has knowledge of the crime, and not when his testimony would simply
corroborate or otherwise strengthen the evidence in the hands of the
prosecution;
c. The testimony of said accused can be substantially corroborated in its
material points. This is an indispensable requirement because it is a
notorious fact in human nature that a culprit, confessing to a crime, is likely to
put the blame on others rather than himself. Thus, even though a court may get
the statement of a discharged accused that other particular persons were
engaged in the crime, it is unsafe to accept without corroborating
evidence, his statements concerning the relative blame to be attached to
different members of his gang;
d. Said accused does not appear to be the most guilty. The mere fact that
the witness sought to be discharged had pleaded guilty in the crime
charged does not violate the rule that the discharged defendant must not
"appear to be the most guilty. And even if the witness should lack some

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of the qualifications enumerated by Sec. 9, Rule 119, his testimony will

not, for that reason alone, be discarded or disregarded. The ground
underlying the rule is not to let a crime that has been committed go
unpunished; so an accused who is not the most guilty is allowed to testify
against the most guilty, in order to achieve the greater purpose of
securing the conviction of the more or most guilty and the greatest
number among the accused permitted to be convicted for the offense they
committed.'' However, although an accused did not commit any of the
stabbing, it is a mistake to discharge him as a state witness
where he is bound in a conspiracy. All the perpetrators of the
offense bound in conspiracy are equally guilty.
e. Said accused has not at anytime been convicted of any offense involving
moral turpitude.
Evidence adduced in support of the discharge shall automatically
form part of the trial. If the court denies the motion for discharge of the
accused as state witness, his sworn statement shall be inadmissible in evidence.
SEC. 8. Witness protection. - An accused who is discharged from an

information or criminal complaint in order that he may be a state witness as
provided in the preceding section may, upon his petition, be admitted to the
Witness Protection Program under R.A. No. 6981, "The Witness Protection, Security
and Benefit Act" if he complies with the other requirements of said Act.
SEC. 9. Other persons who may avail of the Witness Protection Program.
-The following may also avail of the Witness Protection Program under R.A. No.
6981:
a. Any person who has witnessed or has knowledge of or information on the
commission of a crime and has testified or is testifying or is about to
testify before any judicial or quasi-judicial body, or before any
investigating authority, Provided, that:
i.
The offense in which his testimony will be used is a grave felony as defined under the
Revised Penal Code or its equivalent under special laws;
ii.
His testimony can be substantially corroborated on its material points;
iii. He or any member of his family within the second civil degree of consanguinity or
affinity is subjected to threats to his life or bodily injury or there is a likelihood that
he will be killed, forced, intimidated, harassed or corrupted to prevent him from
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testifying, or to testify falsely or evasively, because or on account of his testimony;

and
iv. He is not a law enforcement officer, even if he would be testifying against other law
enforcement officers.
In such a case, only the immediate members of his family
may avail themselves of the protection provided for under the Act.
b. Any person who has participated in the commission of a crime and desires
to be a witness for the State, whenever the following circumstances are
present:
i. The offense in which testimony will be used is a grave felony as defined under the
Revised Penal Code or its equivalent under special laws;
ii. There is absolute necessity for his testimony;
iii. There is no other direct evidence available for the proper prosecution of the offense
committed;
iv. His testimony can be substantially corroborated on its material points;
v. He does not appear to be the most guilty; and
vi. He has not at any time been convicted of any crime involving moral turpitude.
SEC. 10. Motions for postponement by Accused. - Motions for

postponement that are initiated by the accused should be vigorously opposed by the
Trial Prosecutor and he should make of record his objections thereto, leaving to
the court's discretion the disposition of the subject motions.
SEC. 11. Discontinuance of proceedings. - During the presentation of

the prosecution's evidence, the Trial Prosecutor shall not cause or allow the
discontinuance of the proceedings except for other similarly compelling reasons not
attributable to him.

SEC. 12. Presentation of evidence. - Each party is bound to complete the
presentation of his evidence within the trial dates assigned to him. After the lapse
of said dates, the party is deemed to have completed his evidence presentation.
However, upon verified motion based on serious reasons, the judge may allow
the party additional trial dates in the afternoon; provided that said extension will
not go beyond the three-month limit computed from the first trial date.
Where a Trial Prosecutor, without good cause, secures postponements of the
trial over the objections of a defendant beyond a reasonable period of time, the
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accused is entitled to relief by a proceeding in mandamus to compel a

dismissal of the information, or if he be restrained of his liberty, by habeas
corpus to obtain his freedom.
SEC. 13. Order of trial. - Upon receipt of the notice of trial, the prosecutor
shall review the record of the case for trial and complete his preparation therefore
bearing in mind that trial, once commenced, may continue from day to day until
terminated, and that trial shall proceed in the following order pursuant to Sec. 3,
Rule 119 of the Rules of Criminal Procedure:
a. The prosecution shall present evidence to prove the charge and, in the
proper case, the civil liability. [direct-cross-redirect-recross]
b. The accused may present evidence to prove his defense, and damages, if
any, arising from the issuance of any provisional remedy in the case.
c. The parties may then respectively present rebutting evidence only, unless the
court, in furtherance of justice, permits them to present additional
evidence bearing upon the main issue.
d. Upon admission of the evidence, the case shall be deemed submitted for
decision unless the court directs the parties to argue orally or to submit
memoranda.
e. However, when the accused admits the act or omission charged in the
complaint or information but interposes a lawful defense, the order of
trial may be modified accordingly.
SEC. 14. Presentation of witnesses. - The order in the presentation of

witnesses shall, as far as practicable, conform to the logical sequence of events
obtaining in the case on trial in order to present a clear, organized and coherent
picture to the court of the prosecution's evidence.
For example, in the case of prosecution under the Dangerous Drugs Law, the
Trial Prosecutor should present the forensic chemist who examined the dangerous
drug ahead of the other witnesses in order that the court may at once have a view
of the real evidence (either the prohibited or regulated drug subject of the case)
and so that such evidence may be immediately identified by the other witnesses
thus avoiding the recall of witnesses later on.
2008 NPC MANUAL
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The rule of logical sequencing notwithstanding, a witness whose testimony is

vital to the case and whose life is in danger or who may be sick/injured and may
possibly die, should be made to testify as early as practicable.
SEC. 15. Examination of witnesses for the prosecution. - Where it shall

satisfactorily appear that the witness for the prosecution is too sick or infirm to
appear at the trial as directed by order of the court, or has to leave the Philippines
with no definite date of returning thereto, he may forthwith be conditionally
examined before the judge or the court where the case is pending. Such
examination in the presence of the accused, or after reasonable notice to
attend the examination has been served on him, will be conducted in the same
manner as an examination at the trial. Failure or refusal on the part of the accused
to attend the examination after notice herein before provided, shall be considered a
waiver. The statement thus taken may be admitted on behalf of or against the
accused.
SEC. 16. Cross-Examination of defense witnesses. - The prosecutor shall

endeavor to secure well in advance all available information about a defense
witness in order to prepare for an effective cross-examination. Where the
testimony of a defense witness bears no effect on the evidence of the
prosecution, a cross-examination need not be conducted.
SEC. 17. Rebuttal evidence. - The presentation and nature of rebuttal

evidence will depend on the effect which the defense evidence may have
caused on the prosecution's evidence-in-chief. The recall of a witness who
already testified during the evidence-in-chief presentation merely to refute what a
defense witness may have stated during his defense testimony is not generally a rebuttal
evidence. Where there is nothing to refute, rebuttal evidence is unnecessary.

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2008 NPC MANUAL

Page "1 of "57

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Page "2 of "57

PART II. INQUEST

PART III. PRELIMINARY INVESTIGATION

PART IV. PETITION FOR REVIEW

PART VI. ARREST

PART VII. ARRAIGNMENT AND PLEA

PART VIII. PRE-TRIAL

PART IX. TRIAL

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PART I. PROSECUTION OF OFFENSES

Sec. 3 (b), Rule 1, 1997 Rules of Civil Procedure.

Sec. 12, par. 1, Rules on Criminal Procedure

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SEC. 5. Information. - An information is the accusation in writing charging a

Sec. 4, Rule 112, ibid.

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particular knowledge to establish culpable intent; or the particular

SEC. 9. Name of accused. - The complaint or information shall state the

SEC. 10. Designation of offense. - To properly inform the accused of the

SEC. 11. Cause of accusation. - The act or omission complained of as

SEC. 12. Place of the commission of offense. - The complaint or

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Sec. 10, ibid.

9.Sec. 11, ibid. Sec. 2, ibid.

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SEC. 17. Number of offenses charged. - A complaint or information shall

SEC. 18. Amendment of information or complaint. - An information or

SEC. 19. Mistake in form and substance. - A mistake in form refers to

Sec. 14, Rule 110, ibid.

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SEC. 20. How Period of Prescription Computed and Interrupted. - For

b. By the filing of the complaint or information with the court even if it is

However, for an offense covered by the Rules on Summary Procedure, the

The prescription of an offense filed before the Prosecutor or Ombudsman shall

For violation of a special law or ordinance, the period of prescription shall

42 C.J.S.,Sec. 240 at pp.1249-1250.

Sec. 1, par. 2, Rule 110, Rules on Criminal Procedure.

Llenes vs. Dicdican, 260 SCRA 207 (1996).

An. 91 Revised Penal Code.

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For cases falling within the jurisdiction of the Katarungang Pambarangay,

SECTION 1. Concept. - Inquest is an informal and summary investigation

SEC. 2. Designation of Inquest Officer. The City or Provincial Prosecutor

Sec. 2, Act No.3326, as amended.

Sec. 40 par.,Local Govt. Code.

Art. 91, par. 2, Revised Penal Code.

2008 Prosecutor's Manual

2008 Prosecutor's Manual