Purposes and Procedures of Preliminary Investigation

Principal Purposes of Preliminary Investigation (PI)

• To determine whether a crime has been committed and whether there is probable cause to believe the accused is guilty.
• To secure the innocent against hasty, malicious, and oppressive prosecution.
• To protect the accused from an open and public accusation of crime, from the trouble, expense, and anxiety of a public trial.
• To protect the state from a useless and expensive trial.

When Can There Be Preliminary Investigation?

• A preliminary investigation is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least four years, two months, and one day.
• Exception: When the offender was arrested without a warrant, an inquest investigation will be conducted by the inquest investigator instead of PI.

Is Preliminary Investigation a Constitutional Right?

• No, preliminary investigation is not a constitutional right but a statutory right.
• It can be waived either expressly or by implication.

Procedure of Preliminary Investigation

• A complaint must be accompanied by the affidavit of the complainant and witnesses as well as other supporting documents to establish probable cause.
• The investigating prosecutor shall either dismiss the case or issue a subpoena to the respondent within ten days after filing of the complaint.
• The respondent shall submit a counter-affidavit and that of his witnesses within ten days from receipt of the subpoena.
• Clarificatory hearing may be set if there are facts or issues to be clarified.
• The investigating prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial within ten days after the investigation.

Role of the Prosecutor

• The prosecutor is responsible in determining whether to bring formal charges against persons suspected of committing crimes and bring them to a judicial proceeding.
• The public prosecutor decides whether to prosecute the case or not.

Definition of Preliminary Investigation

• 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.

General Purposes of PI

• To inquire concerning the commission of a crime and the connection of the accused with it.
• To preserve the evidence and keep the witnesses within the control of the state.
• To determine the amount of bail if the offense is bailable.