Podcast
Questions and Answers
When should the right to preliminary investigation be invoked?
When should the right to preliminary investigation be invoked?
- After the verdict has been reached
- After the trial has commenced
- After the plea has been made
- Before the plea (correct)
Is a new preliminary investigation required if the complaint or information is substituted?
Is a new preliminary investigation required if the complaint or information is substituted?
- Only if requested by the defense
- Only if requested by the prosecution
- No
- Yes (correct)
Who has the authority to conduct investigations during a preliminary investigation?
Who has the authority to conduct investigations during a preliminary investigation?
- Multiple authorities including Provincial or city prosecutors (correct)
- Judges of the MTCs only
- RTC Judges only
- PCGG officials only
Can RTC judges conduct a preliminary investigation?
Can RTC judges conduct a preliminary investigation?
What happens if there are facts and issues that need clarification during a preliminary investigation?
What happens if there are facts and issues that need clarification during a preliminary investigation?
When should the preliminary investigation be terminated?
When should the preliminary investigation be terminated?
Who determines whether there is probable cause to hold the respondent for trial after a preliminary investigation?
Who determines whether there is probable cause to hold the respondent for trial after a preliminary investigation?
What is the effect of the institution of a criminal action on the period of prescription of the offense?
What is the effect of the institution of a criminal action on the period of prescription of the offense?
For violations of special laws, when are the prescriptive periods interrupted?
For violations of special laws, when are the prescriptive periods interrupted?
In what stage is a criminal action considered 'instituted'?
In what stage is a criminal action considered 'instituted'?
What can a complainant do if the Secretary of Justice refuses to allow the filing of a criminal complaint due to insufficiency of evidence?
What can a complainant do if the Secretary of Justice refuses to allow the filing of a criminal complaint due to insufficiency of evidence?
What are the remedies available to a party against whom a warrant of arrest has been issued?
What are the remedies available to a party against whom a warrant of arrest has been issued?
When a judge conducts the preliminary investigation, what is the procedure after its termination?
When a judge conducts the preliminary investigation, what is the procedure after its termination?
What standard of proof must the prosecution establish to defeat the presumption of innocence in criminal cases?
What standard of proof must the prosecution establish to defeat the presumption of innocence in criminal cases?
Which term describes the combination of inquisitorial and accusatorial systems in the judicial setup of the Philippines?
Which term describes the combination of inquisitorial and accusatorial systems in the judicial setup of the Philippines?
What type of laws and rules govern the procedural administration of criminal justice under the generic term 'criminal procedure'?
What type of laws and rules govern the procedural administration of criminal justice under the generic term 'criminal procedure'?
In the Philippines, what is the nature of the judicial set-up with regards to criminal cases?
In the Philippines, what is the nature of the judicial set-up with regards to criminal cases?
