The First Pillar – Police / Law Enforcement

The first pillar stands as the forefront and prime mover of the justice system which have the following
goals to wit:

1.Crime Prevention

2. Arrest or Criminal Apprehension

3. Criminal Investigation

4. Order Maintenance

5. Public Service

6. Traffic regulation and motor accident investigation.

The police or law enforcers are the most visible representative of the government in the society.
The first line of defense against crime, for only if the police arrest suspect will rest of criminal justice
system come into play in prosecuting, trying, convicting and rehabilitating the offenders.

The term “police” derived from the word POLITIA, meaning condition of a state, government
and administration. Politia originated from the Greek word “Politeia” which means government,
citizenship, or the entire activity of polis in the city.

Police Roles in Criminal Justice System

1. To conduct Criminal Investigation

2. To make an arrest or criminal apprehension

3. To conduct search and seizures

4. To prepare and file complaint

5. To participate in the prosecution of criminal cases

The Philippine National Police

The PNP is considered as the premier law enforcement agency in our country. However, this does not
mean that this agency is the sole law enforcement in this jurisdiction.
Functions:
a. Enforce all laws and ordinance relative to the protection of lives and properties;

b. Maintain peace and order and take all necessary steps to ensure public safety;

c. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and
assist in their prosecution;

d. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution
and pertinent laws;

e. Detain an arrested person for a period not beyond what is prescribed by law, informing the person so
detained of all his rights under the Constitution;

f. Issue licenses for the possession of firearms and explosives in accordance with law;

g. Supervise and control the training and operations of security agencies and issue licenses to operate
security agencies, and to security guards and private detectives for the practice of their professions; and

h. Perform such other duties and exercise all other functions as may be provided by law.

Other Law Enforcement Agencies/Bureaus/Offices/Departments of the Government

To name few are the following:
1. Philippine Drug Enforcement Agency (PDEA)

2. Bureau of Customs (BC)

3. Bureau of Fire Protection (BFP)

4. Philippine Coast Guard (PCG)

5. Bureau of Internal Revenue (BIR)

6. Commission on Election (COMELEC)

7. Phil. Ports Authority (PPA) .

8. Anti-Money Laundering Council (AMLC)

9. Bureau of Immigration (BI)

10. Optical Media Board (OMB)

11. intellectual Property Office (IPO)

12. presidential Anti-Organized Crime Commission (PAOCC)

13. Phil. Center on Transnational Crime (PCTC)

14. National Intelligence Coordinating Agency (NICA) 15. Office of Transport Security (OTS)

16. Metro Manila Development Authority (MMDA)

17. Department of Environment and Natural Resources (DENR) 18. Securities and Exchange Commission
(SEC)

19. Land Transportation Office (LTO)

20. Manila Int’l Airport Authority (MIAA)

21. Dept. of Labor and Employment (DOLE)

22. Philippine Ports Authority (PPA)

23. Phil. Overseas Employment Administration (POEA)

24. National Telecommunication Commission (NTC)

25. Civil Aviation Authority of the Philippines (CAAP)

Police Discretion
One of the most important powers vested by law to the police officers is to exercise discretion.
This is defined as an authority conferred by law to act in a certain condition or situation in accordance
with an official or an official agency’s own considered judgment and conscience.

Other authority defined the same as the wise use of one’s judgment, personal experience to
decide a particular situation. It is the freedom to make a choice among possible course or courses of
action or inaction.

One decision that is difficult for a police officer to make is whether to use force against a civilian,
a decision that must be made quickly and often under stressful and ambiguous circumstances.

CRIMINAL INVESTIGATION
Criminal Investigation is an art which deals with the identity and location of the offender and
provides evidence of his guilt through criminal proceedings. This is considered as the most difficult and
complicated function of the police as Criminal investigator.

It is likewise defined as the collection and analysis of facts about persons, things, places, subject
of a crime to identify the perpetrator, to locate his whereabouts and to gather evidence for the
establishment of his guilt in a criminal Proceeding.

Criminal Investigation is further known as an art or process w/c deals with the identity, location
and arrest of a person who commits a crime and simultaneously identify, collect, preserve and evaluate
evidence for the purpose of delivering criminal offender to justice.
Elements of Investigative Process
1. Recognition — identification of information related or has in anyway bearing to the crime under
investigation.

2. Collection — collection of information after finding of to be related to the crime under investigation

3. Preservation — preservation of information gathered to ensure its physical and legal integrity.

4. Evaluation — ascertaining whether information identified, collected and preserved Can stand
prosecution and trial.

Phases of Criminal Investigation

1. Identification of criminal offender

2. Tracing, locating and arrest of the offender

3. Gathering of evidence to prove his guilt in the criminal proceeding

ARREST: Criminal Apprehension

Arrest is defined as the taking of a person into custody in order that he may be bound to answer
for the commission of an offense. It is made by an actual restraint of a person to be arrested, or by his
submission to the custody of the person making the arrest. (Sections 1 and 2, Rule 113)

Arrest is maybe considered as the most controversial and well-known function of a police officer.

Two modes of arrest:

1. By the actual restraint of the person to be arrested; and

2. By his submission to the custody of the person making the arrest

Force or violence may be employed when necessary in the conduct of arrest

No violence or unnecessary force shall be used in making an arrest. The person arrested shall
not be subjected to a greater restraint than is necessary for his detention.

What the rule is prohibited is unnecessary force or violence. Hence, if the employment of such
force or violence is necessary to secure the conduct of arrest or to secure the life or limb of the person
making the arrest or other persons, it is allowed.
Search as an incident of Arrest

The person making the arrest may conduct bodily search against the arrested person to confiscate the
following:

1. Objects subject of the offense or used or intended to be used in the commission of the crime;

2. Objects which are the fruits of the crime;

3. Objects which are illegal perse;

4. Those which might be used to commit violence or to escape;

5. Dangerous weapon; and

6. Evidence of the case.

What is the duty of arresting officer?

It shall be the duty of the officer executing the warrant to arrest the suspect or accused and
deliver him to the nearest police station or jail without unnecessary delay (Section 3, Rule 113).

How Warrant of Arrest executed?

The head of the office to which the warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of
the period, the officer to whom it was assigned for execution shall make a report to the judge who
issued the Warrant. In case of his failure to execute the warrant, he shall state the reason therefor.
(Section 4, Rule 113)

Note:

A warrant of arrest has no expiry date. It remains valid until arrest is effected or the warrant is
lifted.

When Warrantless Arrest or Arrest without warrant is permitted?

The general rule is still, “no person can be arrested without a warrant, However, here are the
exemptions under the Rules of Court:

A peace officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense (in flagrante delicto arrest);

(b) 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 (Arrest in hot
pursuit);and

(c) 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. (Arrest of an escapee)

In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be
forthwith delivered to the nearest police station or jail.

Notes:

The general rule as regards arrest, searches and seizures is that a warrant is needed in order to
validly effect the same. The constitutional prohibition against unreasonable arrests, searches and
seizures refers to those effected without a validly issued warrant. Hence, the doctrine is that a warrant
of arrest is required before an arrest is made. A warrantless arrests are the exceptions.

There are other grounds for a warrantless arrest other than those provided under Section 5 of Rule 113.
Such grounds are the following:

a) When a person previously lawfully arrested escapes or is rescued. Under the Rules, any person may
immediately pursue or retake him without a warrant at anytime and in any place within the Philippines.
(Section 13, Rule 113)

b) Arrest by the bondsman for the purpose of surrendering the accused (Section 23, Rule 114)

c) Where the accused attempts to leave the country without permission of the court. (Section 23, Rule
114)

No definite time in making an arrest

Unlike in a search warrant which must be served in daytime unless specifically allowed by the
warrant to be executed day or night, arrest may be made on any day and at any time of the day or night
(Section 6, Rule 113).
Methods of arrest:
a.) With a warrant by Police Officer

When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested
of the cause of the arrest and the fact that a warrant has been issued for his arrest, except when he
flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such
information will imperil the arrest. The officer need not have the warrant in his possession at the time of
the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as
soon as practicable (Section 7, Rule 113).

b.) Without warrant by Police Officer

When making an arrest without a warrant, the officer shall inform the person to be arrested of
his authority and the cause of the arrest, unless the latter is either engaged in the commission of an
offense, is pursued immediately after its commission, has escaped, flees, or forcibly resists before the
officer has opportunity to so inform him, or when the giving of such information will imperil the arrest
(Section 8, Rule 113).

c.) Arrest by Private Person (Citizen’s Arrest)

When making an arrest, a private person shall inform the person to be arrested of the intention
to arrest him and the case of the arrest, unless the latter is either engaged in the commission of an
offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists before the
person making the arrest has opportunity to so inform him, or when the giving of such information will
imperil the arrest (Section 9, Rule 113).

Rights of Arresting Officer to Break into and Breakout

a.) The Right of officer to break into building or enclosure.

An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as

provided in section 5, may break into any building or enclosure where the person to be arrested is or is
reasonably believed to be, if he is refused admittance thereto, after announcing his authority and
purpose. (Section 11, Rule 113)

b.) The Right to break out from building or enclosure

 Whenever an officer has entered the building or enclosure in accordance with his Right to break
into building or enclosure, he may break out therefrom when necessary to liberate himself.

Note:

These rules or rights are allowed only to police officers and not to private person making a citizen’s
arrest.

Searches and Seizures

Search warrant, Defined

A search warrant is an order in writing issued in the name of the People of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court (Section 1, Rule 126)

Elements of Search Warrant

1. Written order

2. Signed by the judge in the name of the People of the Philippines

3. Commanding a peace officer to search personal property

4. To seize and bring such personal property to the court

How to obtain a search Warrant

1. The law enforcement officer must provide information amounting to probable cause. Probable cause
refers to the facts and circumstances that will lead a reasonably discreet and prudent man to believe
that an offense has been committed and that the object sought in connection with the offense is in the
place sought to be searched.

2. Data such as the address or the description of the place to be searched must be supplied to the judge.

3. The request must also include the crime or activities to be investigated.

4. Furthermore, the things to be seized must be particularly described.

Where to file the application for search warrant?

An application for search warrant shall be filed with the following:

a. Any court within whose territorial jurisdiction a crime was committed.

b. For compelling reasons stated in the application, any court within the judicial region where the crime
was committed if the place of the commission of the crime is known, or any court within the judicial
region where the warrant shall be enforced.

However, if the criminal action has already been filed, the application shall only be made in the court
where the criminal action is pending (Section 3, Rule 126)

Personal property that may be subjected to seizure

A search warrant may be issued for the search and seizure of personal property:

a. Subject of the offense;

b. Stolen or embezzled and other proceeds, or fruits of the offense; or

c. Used or intended to be used as the means of committing an offense. (Section 3, Rule 126)

Search warrant: Requisites for Issuance

A search warrant shall not issue except upon:

1. Probable cause in connection with one specific offense to be determined personally by the judge;

2. After examination under oath or affirmation of the complainant and the witness he may produce; and

3. Particularly describing the place to be searched and the things to be seized which may be anywhere in
the Philippines.(Section 4, Rule 126)

Personal examination of complainant by the Judge

The judge must, before issuing the warrant, personally examine in the form of searching questions and
answers, in writing and under oath, the complainant and the witnesses he may produce on facts
personally known to them and attach to the record their sworn statements, together with the affidavits
submitted (Section 5, Rule 126).
issuance of search warrant

if the judge is satisfied of the existence of facts upon which the application is based or that there is
probable cause to believe that they exist, he shall issue the warrant. (Section 6, Rule 126)

Right to break door or window to effect search

The officer, if refused admittance to the place of directed search after giving notice of his purpose and
authority, may break open any outer or inner door or window of a house or any part of a house or
anything therein to execute the warrant to liberate himself or any person lawfully aiding him when
unlawfully detained therein (Section 8, Rule 126).

The Two Witnesses Rule

No search of a house, room, or any other premises shall be made except in the presence of the lawful
occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient
age and discretion residing in the same locality. (Section 8, Rule 126)

Time of making search

The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is
on the person or in the place ordered to be searched, in which case a direction may be inserted that it
be served at any time of the day or night (Section 9, Rule 126).

Life Span of search warrant

Unlike in warrant of arrest, a search warrant shall be valid for ten (10) days from its date. Thereafter, it
shall be void. (Section 10, Rule 126).

Receipt for the property seized

The officer seizing the property under the warrant must give a detailed receipt for the same to the
lawful occupant of the premises in whose presence the search and seizure were made, or in the absence
of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion
residing in the same locality, leave a receipt in the place in which he found the seized property (Section
11, Rule 126).

Delivery of property and inventory thereof to court; return and proceedings thereon

(a) The officer must forthwith deliver the property seized to the judge who issued the warrant, together
with a true inventory thereof duly verified under oath.
(b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has
been made, and if none, shall summon the person to whom the warrant was issued and require him to
explain why no return was made. If the return has been made, the judge shall ascertain whether section
11 of this Rule has been complied with and shall require that the property seized be delivered to him.
The judge shall see to it that subsection (a) hereof has been complied with.

(c) The return on the search warrant shall be filed and kept by the custodian of the log book on search
warrants who shall enter therein the date of the return, the result, and other actions of the
judge.(Section 12, Rule 126)

Search incident to lawful arrest

A person lawfully arrested may be searched for dangerous weapons or anything which may have been
used or constitute proof in the commission of an offense without a search warrant (Section 13, Rule 126)

Note: In several cases the Supreme Court has held that the arresting officers may also seize prohibited
articles (items considered as illegal per se) even if it is not included in the search warrant for as long as
the search warrant is valid. If the search warrant is later of quashed, the court may forfeit such items
and the arresting officers are not required to return the prohibited articles.

Other Valid warrantless searches and seizures:

a. Those incidental to a lawful arrest;

b. Searches in “Plain View”;

c. Searches of moving vehicles;

d. Consented searches;

e. Customs searches;

f. Stop and frisk situation;

g. Searches during exigencies and emergencies.

Plain View Doctrine: Authorizes a search and a seizure without a warrant. Requisites are:

a. There must have been a legal presence in the place where the search is made;

b. The evidence was discovered inadvertently by an officer with a right to be where he is;
c. The evidence is immediately apparently illegal; and

d. There is no need for any further search to obtain the evidence. (People vs. Conception, 361 SCRA 540)

Stop and Frisk: This is limited protective search of the outer clothing of a person to determine the
presence of weapons. Probable cause is not required but a genuine reason (not mere suspicion) must
exist, in the light of the officer’s experience and surrounding circumstances, to warrant the belief that
the person has concealed weapons. (Malacat vs. CA, 283 SCRA 159)

Motion to quash a search warrant or to suppress evidence; where to file

“A motion to quash a search warrant and/or to suppress evidence obtained there by may be filed in and
acted upon ONLY by the court where the action has been instituted (Section 14, Rule 126).

2nd Pillar; PROSECUTION PILLAR

Prosecution – It is the legal process or method whereby accusations are brought before a court of
justice to determine the guilt or innocence of the accused.

- It may also refer to the agency responsible in presenting the governments position in
criminal cases and evaluating pieces of evidence presented by the law enforcement pillar.

Prosecutor – A prosecutor is a public officer having an authority to conduct legal actions concerning the
complaint filed at his office and perform other prosecution functions as provided by law.

Three main functions of the prosecution pillar.

1. To conduct preliminary Investigation

2. To conduct Inquest proceeding

3. To act as the lawyer of the state in criminal prosecution.

Duties of the Prosecutor

1. Evaluate the police findings and other complaint filed directly with them by individual persons

2. File corresponding information in proper court after evaluation

3. Prosecute the offender in the name of the People of the Philippines.

The Department of Justice (DOJ)

It is mandated is to uphold the rule of law and ensure the effective and efficient administration
of justice. It is the principal law agency and legal counsel of the government. It is headed by the
secretary of justice, assisted by three (3) Under secretaries, 3 assistant secretaries, the chief state
prosecutor, the state counsel the bureau of Correction, the board of pardon and parole and support
services namely the technical staff, financial and management service, adminitrative service and
management service office.

National Prosecution Service

Assists the secretary of justice in the performance of powers and function of the Department
relative to its role as the prosecution arm of the government, particularly investigation and prosecution
of all criminal cases, except those under the exclusive jurisdiction of the office of the Ombudsman.

Officially constituted on April 11, 1978 with the issuance of Presidential Decree No. 1275 by then
President Ferdinand Marcos. The NPS consists of the Office of the Chief State Prosecutor and the
Offices of the Regional State Prosecutor, Provincial and City Prosecutors. It likewise abolished the
position title of “fiscal” to “prosecutor” to reflect more accurately the position’s basic function.

In the passage of RA 10071 An Act Strengthening and rationalizing the National Prosecution Service. The
act changes the title Chief state Prosecutor into Prosecutor General who heads the National Prosecution
Service.

Prosecutor General is assisted by five (5) Senior Deputy State Prosecutors (formerly Assistant Chief State
Prosecutor) and a host of senoir assiatant state prosecutos, Assistant State Prosecutors and Prosecution
Attorneys. Regional. Provincial and City Prosecution Offices remain the same as Constituted in PD No.
1275.

Note: The NPS is Under the Supervision and Control of DOJ. NPS is considered as the prosecutorial arm
of the Government.
The Public Prosecutor

It is demanded of him nothing less that utmost diligence, unquestionable honesty, unblemished
Integrity and quiet dedication to serve the people at all times.
The Public Prosecutor do not only initiate criminal action in the name of the people of the
philippines, they also serve as the trial or prosecution officer before the criminal court. Moreover, the
prosecutor decides whether or not to prosecute a case, or hold the case open for further action.

Private Prosecutor

Article 100 of the revised penal code provides that: “Civil liability of a person guilty of felony - Every
person criminally liable for a felony is also civily liable”. Because of this, the private complainant may
acquire the services of private counsel to act as a private prosecutor to protect his civil rights as a result
of a felony. However, the private prosecutor is under direct control and supervision of the public
prosecutor.

Ombudsman (OBM) as Special Prosecutor.

The Ombudsman of the Philippines, formerly known as Tanodbayan ng Pilipinas, is an ombudsman
responsible for investigating and prosecuting Philippine government officials accused of crimes,
especially graft and corruption.

Powers and Function;

Fact-finding investigation

Adminitrative Adjudication

Preliminary Investigation

Prosecution

Public assistance

Enhance efficiency, effectiveness, transparency, accountability and responsivenes

Institution of Criminal Action
How criminal action is instituted?

Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required, by filing the complaint with the proper
officer for the purpose of conducting the requisite preliminary investigation.

(b) For all other offenses, by filing the complaint or information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In Manila
and other chartered cities, the complaints shall be filed with the office of the prosecutor unless
otherwise provided in their charters. (Section 1, Rule 110)

Complaint
A complaint Is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the law
violated.(Section 3, Rule 110)

Information
Information is an accusation in writing charging a person with an Offense subscribed by the
prosecutor and filed with the court.(Section 4, Rule 110) ,

Complaint and information

Complaint Information

Subscribed by The Offended parry, any peace By the Prosecutor

officer or other officer charged
with the enforcement of the law
violated

Where to file Either in the court or the Court

Prosecutor’s office

Requirements Must be made under oath Need not be under oath

Who must prosecute criminal actions?

All criminal actions either commenced by complaint or by information shall be prosecuted under the
direction and control of a public prosecutor. In case of heavy work schedule of the public prosecutor
or in the event or lack of public prosecutors, the private prosecutor may be authorized in writing by
the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to
the approval of the court. Once so authorized to prosecute the criminal action, the private prosecutor
shall continue to prosecute the case up to end of the trial even in the absence of a public prosecutor,
unless the authority is revoked or otherwise withdrawn. (AM No. 02-2-07-SC, effective May 1, 2002)

Note: The written authorization to the private prosecutor shall be given because of either of the
following reasons:

1. The public prosecutor has a heavy load or

2. There is a lack of public prosecutors

Prosecution of Private Offense

The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by
the offended spouse. The offended party cannot institute criminal prosecution without including the
guilty parties, if both are alive, nor in any case, if the offended party has consented to the offense or
pardoned the offenders.

The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except
upon a complaint filed by the offended party of her parents, grandparents or guardian, nor, in any
case, if the offender has been expressly pardoned by any of them. If the offended party dies or
becomes incapacitated before she can file the complaint, and she has no known parents,
grandparents or guardian, the State shall initiate the criminal action in her behalf. (Section 5, Rule
110)

Notes:

* Private offenses are those offenses which cannot be prosecuted without a complaint first file by the
offended person himself.

* The prosecution of other crimes not mentioned above may be initiated by other persons since
these are crimes against the state.

* Bigamy and rape are not considered as private offenses.

OBE Question:

* You arrested a person whom you caught in flagrante delicto committed robbery-snatching. The
victim is reluctant to file a complaint against the snatcher because what important according to him is
that he recovered the snatched-property. Will you process the complaint against such snatcher
considering the absence of interest of the victim to file a complaint? Justify your answer.

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Minor has a right to initiate the prosecution of an offense

The offended party, even if a minor, has the right to initiate the prosecution of the offenses of
seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or
guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a
minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The right
to file the action granted to parents, grandparents, or guardian shall be exclusive of all other persons
and shall be exercised successively in the order herein provided, except as Stated in the preceding
paragraph

OBE Question:

* A minor named Nene came to your police station to file a complaint against her uncle Robert who
committed acts of lasciviousness against her. Accordingly, Nene already reported the incident to her
parents and grandparents but after talking to her uncle, they decided not to file a complaint. Will you
process the complaint of Nene considering that she is a minor and such complaint is without the
consent of her parents? Justify your answer.

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Effect of RA 7610 (Special Protection against Child Abuse, Exploitation and Discrimination Act) —
Under Sec. 27 of RA 7610, complaints on cases of unlawful acts mentioned in the law committed
against children, may be filed by the following:

a. Offended party;

b. Parents or guardians;

c. ascendant or collateral relative within the third degree of consanguinity,

d. Officer, social worker or representative of a licensed child-caring institution;

e. officer or social worker of DSWD;

f. Barangay Chairman; or

g. At least three (3) concerned, responsible citizens where the violation occurred.

Determination of Sufficiency of complaint or information

A complaint or information is sufficient if it states the name of the accused; the designation of the
offense given by the statute; the acts or omissions complained of as constituting the offense; the
name of the offended party; the approximate date of the commission of the offense; and the place
where the offense was committed.

Elements of Complaint and Information

The name of the accused;

The designation of the offense committed;

The act or omission complained of;

The name of the offended party;

The approximate time of the commission of the offense; and

The place where the offense was committed.

When an offense is committed by more than one person, all of them shall be included in the
complaint or information.(Section 6, Rule 110)

Note:

* Unless the date is essential element in the commission of the crime, approximate date is sufficient
in the complaint.

Duplicity of the offense is NOT allowed

A complaint or information must charge only one offense, except when the law prescribes a single
punishment for various offenses (Section 13, Rule 110).

Place where action is to be instituted - Venue is jurisdictional

(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or where any of its essential ingredients
occurred.

(b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course
of its trip, the criminal action shall be instituted and tried in the court of any municipality or territory
where such train, aircraft or other vehicle passed during its trip, including the place of its departure
and arrival.

(c) Where an offense is committed on board a vessel in the course of its voyage the criminal action
shall be instituted and tried in the court of the first port of entry or of any municipality or territory
where the vessel passed during such voyage, subject to the generally accepted principles of
international law.

Notes:

* If the crime is a continuing offense that is some acts essential to the crime occurred in one place
and some in another, the case can be filed in the court of either place where any of the essential
ingredients of the crime took place.

* Theft is not continuing offense. Hence, even if the item is brought to another place, the information
must still be filed in the place where the theft occurred.

* In the crime of estafa, the case can be filed where the misappropriation took place or where the
accused was required to render an accounting.

* If the crime is committed in the Philippine territories abroad (such as embassy) the case can be
filed in the Regional Trial Court where the case was first filed. The Sandiganbayan may have
jurisdiction of the case if the crime is committed by a public officer in performance of his duties.
Provided further that the salary grade of the public officer is 27 and above.

OBE Question:

* The car was stolen in Pateros Metro Manila which was brought to Orani Bataan where it was
cannibalized. Where is the proper venue to file complaint or information? Justify your answer.

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PRELIMINARY INVESTIGATION

Preliminary Investigation (PI)

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 (Section 1, Rule 112).

A preliminary investigation is not a trial but is, in certain cases, the initial Step towards the criminal
prosecution of a person. It is a mere inquiry or a Proceeding wh ich do not involve the examination
of witnesses by way of direct Or cross examinations. Its purpose is not to determine the guilt of the
respondent beyond reasonable doubt, but to determine whether or not a crime has been committed,
and that the respondent is probably guilty of said crime.

Preliminary investigation does not require the full and exhaustive Presentation of every evidence
available to the persons involved but merely Such evidence as may engender a well-founded belief
that an offense has been Committed and that the respondent is probably guilty thereof.

Probable Cause, defined:

As used in preliminary investigation, probable cause is defined as the existence of such facts and
circumstances as would excite the belief, in a reasonable mind, acting on the facts within the
knowledge of prosecutor, that the person charged was guilty of the crime for which he was
prosecuted. (Gonzales vs Hongkong and Shanghai Banking Corp., 537 SCRA 255)
Notes:

Only the following may conduct preliminary investigation:

(a) Provincial or City Prosecutors and their assistance;

(b) National and regional State Prosecutors; and

(c) other officers as may be authorized by law.

(d)

Purposes of Preliminary Investigation

1. To secure the innocent against hasty, malicious and oppressive prosecution and to protect him
from an open and public accusation of a crime and from the trouble, expense and anxiety of a public
trial.

2. To protect the state from having to conduct useless and expensive trials.

When PI is required

Before the filing of a complaint or information for an offense where the law prescribes a penalty of at
least 4 years, 2 months, and 1 day without regard to the fine. (Section 1, Rule 112)

Note:

A preliminary investigation is required to be conducted before the filing of a complaint or information

for offenses where the penalty prescribed is at least 4 years 2 months and 1 day without regards - to
fine.

Exception: When the accused lawfully arrested without warrant (Section 7, Rule 112)

When PI is not required even if the offense requires PI.

1. if a person is arrested lawfully without a warrant involving an offense which requires a preliminary
investigation, the penalty is at least 4 years, 2 months and 1 day, an information or complaint may
be filed against him without need for preliminary investigation. If he has been arrested in a place
where an inquest prosecutor is available, an inquest will be conducted instead of preliminary
investigation. In the absence or unavailability of an inquest prosecutor, the complaint may be filed
directly with the proper court on the basis of the affidavit of the offended party or arresting officer or
person (Sec. 7, Rule 112).

Note:
* Inquest proceeding applicable only when the accused is arrested without a warrant.

2. The fact that a person was lawfully arrested without a warrant does not absolutely bar him from
availing of preliminary investigation because before the complaint or information is filed, he may ask
that preliminary investigation be conducted. However, before he is granted the preliminary
investigation asked for by him, he must sign a waiver of the provision of Art. 125 of the RPC. This
penal code imposes a penalty upon a public officer or an employee who, although having detained a
person for some lawful grounds, fails to deliver the person arrested to the proper judicial authorities
within the periods of 12, 18 or 36 hours as the case maybe.

3. By virtue of RA 7438, any waiver by the person arrested or detained or under custodial
investigation shall be in writing, signed by such person in the presence of his counsel, otherwise
such waiver shall be null and void. (Sec. 2, RA 7438 and Rules of Court)

4. The waiver of Art. 125 of RPC does not bar the person arrested from applying for bail and even
while the preliminary investigation is pending. This preliminary investigation must be terminated
within 15 days from its inception. (Sec. 7, Rule 112)

Note:

* Under the rules, bail is available to a person under custody even before he is charged in court. He
may apply for bail in any court in the province, city or municipality where he is held. (Sec. 17c, Rule
114)

5. If the complaint or information has been filed without a preliminary investigation, the accused who
desires a preliminary investigation, may, within 5 days from the time he learns of its filing, ask for a
preliminary investigation. (Sec. 7, Rule 112)

6. Within 10 days after the investigation, the investigating officer shall determine whether or not there
is sufficient ground to hold the respondent for trial. (Sec. 3f, Rule 112)

FLOW CHART OF PRELIMINARY INVESTIGATION

Filing of the complaint accompanied by affidavits and supporting documents.

Within 10 days after the filing, the investigating officer shall either dismiss or issue
subpeona

If the subpeona is issued, respondent shall submit a counter affidavit and

other supporting documents within 10 days from receipt thereof.

Hearing (optional)

Resolution of investigating prosecutor