RULE 112 – PRELIMINARY INVESTIGATION

Q-1: What is Preliminary Investigation (PI)?

Q-2: What quantum of evidence required for purposes of PI?

Q-3: How to determine probable cause?

Q-4: What is the purpose of PI?

Q-5: Is double jeopardy applicable in PI?

Q-6:What are the natures of Preliminary investigation?

Q-7: What is the nature of PI a right?

Q-8: What is the coverage for PI?

Q-9: Who are the officers authorized to conduct PI?

Q-10: When does PI commence?

Q-11: What are the contents of a complaint for purposes of PI, How many copies should be
prepared, its accompanying documents?

Q-12: After having obtained a complaint and its accompanying documents, what could be the
steps an Investigating Officer might perform? When?

Q-13: In what manner should subpoenas be served?

Q-14: After having receipt of subpoena, what are the options left to the respondent? When?

Q-15: is motion for extension of time to file Counter Affidavit allowed?

Q-16: Is motion to dismiss allowed to be filed in lieu of affidavit?

Q-17: What if respondent could not be subpoenaed, or does not submit his counter
affidavit?

Q-18: Is clarificatory hearing mandatory? What are the dos and donts during clarificatory
hearing?

Q-19: Is right to counsel observed during PI?

Q-20: When is case deemed submitted for Resolution?

Q-21: What is the period to conduct PI?

Q-22: Explain the confidentiality requirements for PI.

Q-23: What could be the possible courses of action of the city/provincial/PROSGEN on the
recommendatory resolution?
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Q:24: What are the recourses of the complainant if case is dismissed?
CASES FOR READING

1. De Lima vs Reyes, G.R. No 209330, Jan 11, 2016

2. WEBB VS. DE LEON
 GR 12134, 247 SCRA 652 (Aug 23, 1995)
4, 247 SCRA 652 (Aug 23, 1995)

3. De Ocampo vs Secretary of Justice, G.R. No. 147932, 25 January 2006

4. Estrada v. Ombudsman, G.R. No. 212140-41, January 21, 2015

5. People v. Inting G.R. No. 88919, July 25, 1990