Rules

111-112
Prosecution of Civil
Actions
Preliminary Investigation

Rule 111,
Section 1
When a criminal action is
instituted, the civil action
for the recovery of civil
liability arising from the
offense shall be deemed
instituted with the
criminal action
Exceptions:
1. When the offended party
waives the civil action
2. When the offended party
reserves his right to file a
separate civil action (except
in BP 22, Sandiganbayan and
tax cases
3. When the offended party
institutes a civil action prior
to the criminal action
 Rules when Separate Civil
Action is Suspended
Rule 111, 1. after the filing of the criminal
Section 2 action, the civil action which has
been reserved cannot be
instituted until final judgment has
Primacy of been rendered in the criminal

PITCH DECK V 1.0

action
Criminal Action 2. if the civil action is instituted
over Civil Action before the criminal action, the
pending civil action will be
suspended until final judgment
 court declares the accused
Extinguishment of innocent
Criminal Liability results acts/omissions giving rise to
the civil liability does not
in Extinguishment of exist
Civil Liability death of the accused

acquittal is based on
Extinguishment of
reasonable doubt
Criminal Liability DOES liability of the accused is not
NOT result in criminal but civil only
Extinguishment of Civil justifying and exempting
Liability circumstances
criminal action already
prescribed
Rule 111,
Section 7
Prejudicial
Question
A prejudicial question is 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
civil action must be
instituted prior to the
criminal action
the civil action involves an
issue similar or intimately
related to the criminal
action
the resolution of such
issue determines whether
or not the criminal action
may proceed
jurisdiction over the civil
action pertains to another
tribunal

Rule 112, Section 1
Preliminary
Investigation
Preliminary Investigation is an inquiry
or proceeding to determine whether
there exists sufficient ground to
engender a well-founded belief that a
crime has been committed and that
the respondent is probably guilty
thereof and should be held for trial
If a person is arrested, he
can ask for a preliminary
investigation before the
filing of the
Complaint/Information but
he must sign a waiver
under Art. 125, RPC
After the filing of the
Information/Complaint, the
accused may within five (5)
days from time he learns of
its filing may ask for
preliminary investigation
General Rule
Preliminary Investigation is Effect of Absence of
required before the filing of a Preliminary Investigation
Complaint/Information for an
The absence of a preliminary
offense where the penalty
investigation does not impair the
prescribed by law is at least
4 years, 2 months and 1 day validity of the Information.

Exception: It does not affect the jurisdiction

of the Court
In cases of lawful
warrantless arrest, the It is not a ground to quash the
person arrested shall be Information
subjected to INQUEST
proceedings
 to determine whether the
offender should be held for
trial or be released
Preliminary conducted by the
Prosecutor
Investigation
Executive in nature

determine probable
cause for issuance of
warrant of arrest
Preliminary by the Judge
Exmination
Judicial in nature
Rule 112,
Provincial or City Prosecutors and their
Section 2. Assistants
Officers
Authorized to National and Regional State Prosecutors
Conduct
Preliminary Other officers as may be authorized by
law such as the COMELEC, Ombudsman
Investigation and PCGG
 1. Filing of Complaint
with affidavits and
supporting documents
2. Within 10 days,
Rule 112, investigating officer will
either dismiss or issue a
Section 3 subpoena

Ten Steps of 3. If a subpoena is issued,

respondent will submit a
Preliminary counter affidavit
Investigation 4. Optional clarificatory
hearing within 10 days from
submission of counter
 5. Resolution of the
Rule 112, investigating prosecutor
within 10 days
Section 3
Ten Steps of
Preliminary
Investigation
The written authority
or approval of the
Provincial or City
Prosecutor or Chief
State Prosecutor is
IMPORTANT
Rule 112, 8. The losing party may
file a Petition for Review
Section 3 with the DOJ wihin 15 days

Ten Steps of
9. An information will be
Preliminary filed in court
Investigation
*If the accused makes 10. Preliminary
Examination. The court will
a confession during
determine whether there is
prelim investigation, probable cause for the
even without counsel, it issuance of a Warrant of
Arrest
is admissible in
evidence
Rule 112,
Section 5
Probable Cause.
It has been defined as "such
facts and circumstances which
would lead a reasonable
discreet and prudent man to
believe that an offense has
been committed by the person
sought to be arrested.
Implies probability of guilt and
requires more than just bare
suspicion but less than evidence
to justify a conviction. It need
not be based on clear and
convincing evidence
establishing guilt beyond
reasonable doubt

Rule 112,
Section 5
Probable Cause.
If the judge finds probable cause,
he/she shall issue a warrant of
arrest or a commitment order if the
accused had already been arrested
If the judge is satisfied that there is
no necessity for placin the accused
under custody, he/she may issue
Four Instances where Probable
Cause is Needed
1.Investigating Officer to
determine whether there is
sufficient ground to engender a
well-founded belief the a crime
was committed
2. Issuance of search
warrant
3. Warrantless Arrest
4. In issuance of a warrant of arrest
or commitment order by a judge
Procedure for Dismiss case if there
is no probable cause
the Issuance 1.9 Billion
of a Warrant In case of doubt, the judge may
of Arrest order the prosecutor to submit

Within 10 days from 1.9 Billion

additional evidence within 5 days

filing, the Judge must

Issue warrant of arrest or
personally determine the
commitment order if
existence of probable
cause
1.9 Billion
probable cause exists
 Public Prosecutor
Executive whether there is
Determination reasonable ground to
believe that the accused is
of Probable guilty of the offense and
should be held for trial
Cause
Judge
Judicial
whether or not a
Determination warrant of arrest
of Probable should be issued
Cause against the accused
Rule 112,
1. Inquest officer
Section 6 receives the referral
documents
Inquest Proceedings
An informal and summary 2. Accused may either
request a preliminary
investigation conducted by
investigation or inquest
a public prosecutor in
criminal cases involving 3. In inquest proper, the
persons arrested and inquest officer will
detained without warrant determine probable cause.
If there is probable cause,
Information will be filed. If
issued by the court to
determine whether said there is none, accused will
person must remain under be released
custod and be charged in
court
 Crimes punishable by light
Duration of penalties: within 12 hours
1.9 Billion
Inquest
Proceedings Crimes punishable by
correctional penalties:
Inquest proceedings must 1.9 Billion
within 18 hours
be terminated within the
period prescribed under Crimes punishable by
the provisions of Article afflictive or capital penalties:
125 RPC 1.9 Billion
within 36 hours
 When a person is lawfully arrested without
a warrant, he may ask for a preliminary
Options of investigation provided he signs a waiver of
Article 125 , RPC
the Accused
who was When the Complaint/Information was filed
without preliminary investigation, the accused
Arrested may within 5 days from the time he learns of
the same, ask for preliminary investigation
without a
Warrant While a preliminary investigation is
ongoing, the accused may apply or bail in
the province, city or municipalityhere
he/she is detained
Rule 112,
The Complaint with its affidavits
Section 8. and supporting documents shall
Cases Not state the known address of the
Requiring respondent

Preliminary Within 10 days from filing, the

Investigation Prosecutor shall take
appropriate action without any
further investigation
Complaint filed
with the
Prosecutor
Rule 112, Section The judge shall personally
8. Cases Not evaluate the evidence or
personally examine the
Requiring complainant and his/her
Preliminary witnesses in the the form of
Investigation searching questions

The judge shall act on it within

Complaint/ 10 days after the filing of the
Information filed complaint or information
with the MTC
Rule 112, Section SEARCHING QUESTIONS

8. Cases Not Such questions as will have the

Requiring tendency to show the
Preliminary commission of a crime and the
perpetrator thereof for the
Investigation purpose of determining whether
there is reasonable ground to
Complaint/ believe that an offense has been
committed and the accsed is
Information filed
probably guilty thereof
with the MTC