Distinguish probable cause as determined by a prosecutor and
probable cause as determined by a judge
Executive determination of probable cause
made during preliminary investigation
function that pertains to the public prosecutor who is given a broad
discretion to determine whether probable cause exists and to
charge those whom he believes to have committed the crime as
defined by law and should be held for trial
public prosecutor has the quasi-judicial authority to determine
whether or not a criminal case must be filed in court
whether or not he has made a correct ascertainment of the
existence of probable cause in a case, is a matter that the trial
court itself does not and may not be compelled to pass upon
Judicial determination of probable cause
made by the judge to ascertain whether a warrant of arrest should
be issued against the accused
the judge must satisfy himself that based on the evidence
submitted, there is necessity for placing the accused under
custody in order not to frustrate the ends of justice
if the judge finds no probable cause, the judge cannot be forced to
issue the arrest warrant
Instances when accused may ask for a preliminary investigation
Before the complaint or information is filed, the person arrested may ask
for a preliminary investigation in accordance with this Rule, but he must
sign a waiver of the provisions of Article 125 of the RPC in the presence of
his counsel. Notwithstanding the waiver, he may apply for bail and the
investigation must be terminated within 15 days from its inception.
After the filing of a complaint or information in court without a preliminary
investigation, the accused may, within 5 days from the time he learns of its
filing, ask for a preliminary investigation with the same right to adduce
evidence in his defense as provided in this Rule.
RULE 111
Prosecution of Civil Action
General rule
When a criminal action is instituted, the civil action for the recovery of civil
liability arising from the offense charged shall be deemed instituted with
the criminal action.
Exceptions
Unless the offended party:
1. Waives the civil action
2. Reserves the right to institute it separately
3. Institutes the civil action prior to the criminal action
Reservation
The reservation of the right to institute separately the civil action shall be
made before the prosecution starts presenting its evidence and under
circumstances affording the offended party a reasonable opportunity to
make such reservation.
Reason for BP 22 exception
There is no independent civil action to recover the value of a bouncing
check issued in contravention of BP22. It shall be deemed to include the
corresponding civil action. No reservation to file such civil action separately
shall be allowed
Primacy of criminal action over civil action
Where both a civil and a criminal case arising from the same facts are filed
in different courts, the criminal case takes precedence. The civil case is
suspended in whatever stage it may be found to await the result of the
criminal case.
Exceptions
1. In cases of independent civil actions based upon Articles 32, 33, 34
and 2176 of the NCC
2. In cases where the civil action presents a prejudicial question
3. In cases where the civil action is consolidated with the criminal
action
4. Where the civil action is not one intended to enforce the civil
liability arising from the offense
When civil action may proceed independently
In the cases provided in Articles 32, 33, 34 and 2176 of the Civil Code of
the Philippines, the independent civil action may be brought by the
offended party.
Suspension by reason of prejudicial question
A petition for suspension of the criminal action based upon the pendency
of a prejudicial question in a civil action may be filed in the office of the
prosecutor or the court conducting the preliminary investigation. When tie
criminal action has been filed in court for trial, the petition to suspend shall
be filed in the same criminal action at any time before the prosecution
rests.
What is a prejudicial question
One which arises in a case, the resolution of which is a logical antecedent
of the issue involved therein and the cognizance of which pertains to
another tribunal.
Elements of prejudicial question
1. The previously instituted civil action involves an issue similar or
intimately related to the issue raised in the subsequent criminal
action
2. The resolution of such issue determines whether or not the criminal
action may proceed
RULE 112
Preliminary investigation
Preliminary investigation
Inquiry or proceeding to determine whether there is sufficient ground to
engender a well-founded belief that a crime has been committed and the Appeal to Secretary of Justice
respondent is probably guilty thereof, and should be held for trial.

Guidelines on petition for review

General rule
A preliminary investigation is required to be conducted before the filing of Probable cause
a complaint or information for an offense where the penalty prescribed by
law is at least 4 years, 2 months and 1 day, without regard to fine.

Instances when it may be asked by accused

Before the complaint or information is filed, the person arrested may ask
for a preliminary investigation in accordance with this Rule, but he must
sign a waiver of the provisions of Article 125 of the RPC in the presence of
his counsel. Notwithstanding the waiver, he may apply for bail and the
investigation must be terminated within 15 days from its inception.
After the filing of a complaint or information in court without a preliminary
investigation, the accused may, within 5 days from the time he learns of its
filing, ask for a preliminary investigation with the same right to adduce
evidence in his defense as provided in this Rule.
When deemed waived
Instances when a warrant of arrest is not necessary
A peace officer or a private person may, without a warrant, arrest a person:
1. When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense
2. When an offense has just been committed and he has probable
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it
3. When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final
judgment or is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to
another.

Remedies if no preliminary investigation Reinvestigation

Persons authorized to conduct preliminary investigation Inquest

1. Provincial or City Prosecutors and their assistants
2. National and Regional State Prosecutors
3. Other officers as may be authorized by law
Elements of arrest and who may issue
Offenses falling within the jurisdiction of Sandiganbayan

What may be confiscated

Authority of PCGG

Exceptions
Procedure

Buy bust operation

Determination of assistant fiscal or state prosecutor
 Citizens arrest

Time of making arrest

An arrest may be made on any day and at any time of the day or night.
Kinds of warrant