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Ten Steps of The Preliminary Investigation

The 10 steps of the preliminary investigation process are: (1) filing a complaint and supporting documents, (2) issuing a subpoena or dismissing within 10 days, (3) respondent submits counter-affidavit within 10 days of receiving subpoena, (4) optional clarificatory hearing within 10 days, (5) investigating prosecutor resolution within 10 days of investigation, (6) recommendation to dismiss or hold respondent for trial based on probable cause determination.

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3K views1 page

Ten Steps of The Preliminary Investigation

The 10 steps of the preliminary investigation process are: (1) filing a complaint and supporting documents, (2) issuing a subpoena or dismissing within 10 days, (3) respondent submits counter-affidavit within 10 days of receiving subpoena, (4) optional clarificatory hearing within 10 days, (5) investigating prosecutor resolution within 10 days of investigation, (6) recommendation to dismiss or hold respondent for trial based on probable cause determination.

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Jennylyn Biltz Albano
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Ten Steps of the Preliminary Investigation (Sec.

3, rule 112):
1. Filing of the Complaint accompanied by the affidavits and supporting
documents which must be executed under oath.
2. Within 10 days from filing, the investigating officer shall either dismiss or
issue subpoena.
3. If subpoena is issued, respondent shall submit a counter-affidavit and other
supporting documents within 10 days from receipt thereof.
4. After Clarificatory Hearing (optional). It shall be held within 10 days from
submission of counter-affidavits or from the expiration of the period of
their submission.
5. Resolution of investigating Prosecutor within 10 days after the
investigation.
6. If no probable cause exists, issue recommendation of dismissal of the case.
If there is probable cause, hold respondent for trial, prepare resolution and
information.
7. Within 5 days from resolution or recommendation of dismissal, forward the
record of the case to:
(1) Provincial or City Prosecutor;
(2) Chief State Prosecutor; or
(3) Ombudsman or his deputy, in cases cognizable by the SB in the exercise
of its original jurisdiction. They shall act on the resolution or
recommendation of dismissal within 10 days from their receipt thereof
and shall immediately inform the parties of such action.
8. Aggrieved party from the decision of the superior officer may file a petition
for review to the DOJ.
9. Information is filed in court if there is probable cause.
10.The court will determine whether there is probable cause for the issuance
for the warrant of arrest (not technically part of PI).

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