Podcast
Questions and Answers
How is jurisdiction over the person of an accused acquired?
How is jurisdiction over the person of an accused acquired?
When did the petitioner question the judicial authority of the courts over his person?
When did the petitioner question the judicial authority of the courts over his person?
Where was the petitioner brought before the bar of justice?
Where was the petitioner brought before the bar of justice?
Which court rendered the decision in the case at bar?
Which court rendered the decision in the case at bar?
Signup and view all the answers
How many years had transpired until the Court of Appeals rendered its decision?
How many years had transpired until the Court of Appeals rendered its decision?
Signup and view all the answers
True or false: The preliminary inquiry determines whether the offender should be held for trial or be released.
True or false: The preliminary inquiry determines whether the offender should be held for trial or be released.
Signup and view all the answers
True or false: The determination of probable cause for the issuance of a warrant of arrest is made by the investigating prosecutor.
True or false: The determination of probable cause for the issuance of a warrant of arrest is made by the investigating prosecutor.
Signup and view all the answers
True or false: The preliminary investigation proper ascertains whether there is reasonable ground to believe that the accused is guilty of the offense charged.
True or false: The preliminary investigation proper ascertains whether there is reasonable ground to believe that the accused is guilty of the offense charged.
Signup and view all the answers
True or false: The preliminary inquiry and the preliminary investigation proper are the same thing.
True or false: The preliminary inquiry and the preliminary investigation proper are the same thing.
Signup and view all the answers
True or false: The function of the investigating prosecutor is to determine probable cause for the issuance of a warrant of arrest.
True or false: The function of the investigating prosecutor is to determine probable cause for the issuance of a warrant of arrest.
Signup and view all the answers
Study Notes
Preliminary Inquiry vs. Preliminary Investigation
- Preliminary inquiry is responsible for establishing probable cause necessary for issuing a warrant of arrest.
- Preliminary investigation operates to determine if the accused should stand trial or be released.
- Judges conduct preliminary inquiries to assess probable cause for arrest warrants.
- Investigating prosecutors carry out preliminary investigations to decide on reasonable grounds for believing in the accused's guilt.
- The distinction between these processes was highlighted in the case AAA v. Carbonell (G.R. No. 171465, June 8, 2007).
- A recent case reiterates the difference between these two legal processes, emphasizing their separate functions.
Key Functions
- Preliminary Inquiry: Judge evaluates probable cause for arrest.
- Preliminary Investigation: Prosecutor assesses evidence to determine guilt or release.
Legal Context
- Understanding both processes is crucial for legal proceedings regarding arrest and trial preparation.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Quiz: Understanding Criminal Procedure - Jurisdiction over the Person of the Accused
