LORIN, LAVINIA ANNE D. PROF.

MARK ANGELO ARASGA

CRIM 1-2

SUMMARY

If the person is under investigation or held as suspect, his rights should not be violated to
due process. Because under sec I of article III of the 1987 constitution of the republic of the
Philippines, “No Person Shall be deprived of life, liberty, or without due process of law, nor shall
be denied the equal protection of the laws. Which means a person can be deprived of his life,
liberty or property if there is due process of law. There must be an observation of due process
of law to the person who’s being held entitled. The due process of law refers to the law which
deals before it condemned and process an inquiry before rendering judgement of conviction.

We can say that a person’s right to due process has been properly observed when he is
given the opportunity or a chance to defend himself and to be inform of the cause and the
nature of accusation against him. Because if he is not able to defend himself and the given the
opportunity to be inform of the cause and the nature of accusations against him, meaning his
right to due process has not been properly observed that could lead of the dismissal of the
case. In due process, there is a chance or the opportunity which is to be given by the officer and
the fiscals to the accused/ or being held suspect to be speak and to be inform of the nature of
his accusations. Because the non-observance of those rights, constitutional and statutory rights
would amount to the dissolution of the case.

The due process of law has 2 aspects, first is the Procedural due process which Is the rights to
be informed of the cause and the nature of the accusations against a person, the opportunity to
examine the weakness of the prosecution, and the right present evidence of his innocence,
right to appeal. The second aspect is substantive due process which concerned is to determine
if there is a violation of law. The two aspects are equally important. if either of the two was
not been applied to a person being held suspect, would lead to the dismissal of the case.
 Prosecution it is done by the fiscal, investigating officer. It is a quasi-judicial function in
nature. Which has semblance of the judicial, which is the interpretation of the law. The law is
being interpreted when there is a determination whether or not there was a violation of law, or
the determination of guilt of the respondent or the person being held suspect. The person
being held suspect during the prosecution is not yet considered as the accused, because there’s
no accusations in writing or the information sheet being made yet by the fiscal.

The accusations of writing will come out after the prosecution. If the prosecutor/fiscal saw a
probable cause in the case. The information sheet is a written order prepared by the fiscal,
particularly the on who investigated the case or who prosecuted the case. Prosecution means
investigatory which is enforcing the law. Fiscal enforcing the law by investigating and to know if
the fiscal should make an information sheet of respondent.

In Prosecution, the fiscal should find the probable cause which is the 3 variables must be
existed which is if the crime has been committed, and the respondent is probably guilty thereof
and it could be held for trial. It those three were seen then it would warrant the fiscal to issue
an information sheet. But if the fiscal does not find any probable cause, there is 2 options in
total of 3 options depending on his investigations. When there is no probable cause the fiscal
can dismiss the case upon conducting the prosecution. But if the fiscal saw a potential in the
case but it was lacking evidence and was no probable cause that were seen in the case, the
suspect will be release for further investigation. The fiscal will be conducting the prosecution of
the case and make an information sheet if there is a probable cause, and the resolution or the
recommendation to dismiss the case.

Preliminary Investigation is an inquiry or proceeding to determine whether there is

sufficient ground engender a well-founded belief that a crime has been committed and the
respondent is probably guilt thereof and should be held for trial. The Preliminary investigation
should be conducted when the respondent is at large, which not in police custody. The victim or
the complainant went to the police station and the police officer asked the victim a series of
questions about his complaint and when was it happened. But since the suspect is at large the
police will be conducting an investigation to find evidence and asks someone’s testimony but it
shouldn’t be force unless the police have a warrant arrest. When all the evidence is already
gathered by the police it will be given to the fiscal, and the fiscal will be conducting a
preliminary investigation since it is not under the custody of the police. The requirements must
be present for the fiscal to conduct a preliminary investigation which is when the imposable
penalty is not less than 4 years, 2 months and 1 day. If the crime has been committed for a long
time and was not caught in the act, it must first pass through the barangay for consultation to
resolve the case. But if the case cannot be resolve. The barangay will be giving a certification
that will prove that the case was already been passed through consultation proceedings that
will be need to file a case, that has imposable penalty not less than 4 years, 2 months and 1 day.

The work of Preliminary Investigation is the complain is being filed by the victim and the police
will be passed to the fiscal. In preliminary investigation, the fiscal will be given 10 days to
decide about will happen to the case, and if the 10 days has already been passed and the fiscal
did not find any potential to it and cannot be held for trial. The fiscal will be dismissing the
case. But if the fiscal did find probable cause to the case within 10 days, from the receipt of the
affidavit of complaint, the fiscal will issue subpoena, which is the order to be given to the
respondent. The subpoena has 2 kinds which is the subpoena ad testificandum and subpoena
duces tecum. The first is used to compel a person to testify, while the second is used to compel
the production of books, records, things or documents therein specified.