PHILIPPINE CRIMINAL JUSTICE SYSTEM-PROSECUTION PILLAR/ PRELIMINARY INVESTIGATION /INQUEST PROCEEDING

PROSECUTION PILLAR
NATIONAL PROSECUTION SERVICE
FUNCTIONS OF NPS
WHO MUST PROSECUTE CRIMINAL ACTION?
PRELIMINARY INVESTIGATION
KINDS OF DETERMINATION OF PROBABLE CAUSE
1. Executive determination of probable cause
2. Judicial determination of probable cause
WHEN PRELIMINARY INVESTIGATION IS REQUIRED?
PURPOSES/OBJECTIVES OF PRELIMINARY INVESTIGATION
WHO CONDUCTS PRELIMINARY INVESTIGATION?
PRELIMINARY INVESTIGATION PROCESS
1. Filing of the complaint/ sworn complaint-affidavit of the complainant w/ supporting documents
2. Dismissal of the complaint or issuance of a subpoena
3. Filing of counter-affidavit by the respondent
4. The prosecutor may set a clarificatory hearing if necessary
5. Determination by the investigating officer
6. Resolution of investigating prosecutor
7. Need for approval before filing or dismissal
Rule when recommendation for dismissal is disapproved
INQUEST PROCEEDING