RULE 112 - PRELIMINARY INVESTIGATION
Section 1. Preliminary investigation defined; when required. – Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
Except as provided in Section 7 of this Rule, a preliminary investigation is required to be conducted before the filing of a compliant or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine.
WHAT IS A PRELIMINARY INVESTIGATION?
> It is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial
WHAT IS THE NATURE AND EFFECTS OF A PRELIMINARY INVESTIGATION?
1. It is merely inquisitorial
2. Only means of discovering whether the offense has been committed and the persons responsible for it
3. To enable the fiscal to prepare his complaint and information
4. Not a trial on the merits
5. Determine whether there is probable cause to believe that an offense has been committed and the accused is probably guilty of it
6. Doesn't place the accused in jeopardy
7. Doesn't affect the jurisdiction of the court—only the regularity of the proceedings
8. Accused cannot assert lack of preliminary investigation. Court cannot dismiss the case based on this ground—it should conduct the investigation or order the fiscal or lower court to do it
9. Preliminary investigation may be waived
10. Accused should invoke right to PI before plea, otherwise it is deemed waived
11. Accused doesn't have full gamut of rights yet. He doesn't have right to counsel unless a confession is being obtained from him.
12. There is also no right to confront witnesses against him.
WHEN IS IT REQUIRED?
> Before a complaint or information is filed, preliminary investigation is required for all offenses punishable by imprisonment of at least 4 years, 2 months and 1 day, regardless of the fine, except if the accused was arrested by virtue of a lawful arrest without warrant
> In case of lawful arrest without warrant: the complaint or information may be filed without a preliminary investigation unless the accused asks for a preliminary investigation and waives his rights under Article 125 of the RPC
> Whether or not there is a need for PI depends upon the imposable penalty for the crime charged in the complaint filed with the city or provincial prosecutor’s office and not upon the imposable penalty for the crime fund to have been committed by the respondent after a preliminary investigation