17 Questions
When should the right to preliminary investigation be invoked?
Before the plea
Is a new preliminary investigation required if the complaint or information is substituted?
Yes
Who has the authority to conduct investigations during a preliminary investigation?
Multiple authorities including Provincial or city prosecutors
Can RTC judges conduct a preliminary investigation?
No, their authority is limited to issuing warrants of arrest
What happens if there are facts and issues that need clarification during a preliminary investigation?
A hearing is set by the investigating officer
When should the preliminary investigation be terminated?
Within 5 days of commencement
Who determines whether there is probable cause to hold the respondent for trial after a preliminary investigation?
The investigating officer
What is the effect of the institution of a criminal action on the period of prescription of the offense?
It interrupts the running of the period of prescription.
For violations of special laws, when are the prescriptive periods interrupted?
By the institution of judicial proceedings for investigation and punishment.
In what stage is a criminal action considered 'instituted'?
Upon filing a complaint for preliminary investigation.
What can a complainant do if the Secretary of Justice refuses to allow the filing of a criminal complaint due to insufficiency of evidence?
File a civil action for damages against the offender
What are the remedies available to a party against whom a warrant of arrest has been issued?
Post bail, ask for reinvestigation, petition for review, motion to quash
When a judge conducts the preliminary investigation, what is the procedure after its termination?
The judge transmits the resolution to the provincial or city prosecutor
What standard of proof must the prosecution establish to defeat the presumption of innocence in criminal cases?
Proof of guilt beyond reasonable doubt
Which term describes the combination of inquisitorial and accusatorial systems in the judicial setup of the Philippines?
Mixed system
What type of laws and rules govern the procedural administration of criminal justice under the generic term 'criminal procedure'?
Network of laws and rules
In the Philippines, what is the nature of the judicial set-up with regards to criminal cases?
Adversary in nature
Explore the concept of liability for damages in criminal and civil cases, even when a complaint does not contain an allegation of damages. Learn about the exceptions and conditions for reserving the right to institute civil action separately.
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