8/12/2019 Herrera Preliminary Investigation Lecture

1/2

Justice Oscar Herrera's Class Lecture

Criminal Procedure

A.Y. 2013-2014

Preliminary Investigation

only probability of guilt of the respondent is needed

Probability probable cause charge him in

to hold him for court

trial

Executive Determination of *When one is charged

Probable Cause by the in court (in a criminal

Public Prosecutor/Fiscal case he !ill no! be

called an accused"

#ead$ #oberts v" C%& ') C#% +,-

.udicial Determination of Probable Cause

for the udge to find out !hether there is probable cause to hold the

accused for trial and issue the !arrant of arrest" 0f the accused has

already been arrested (in cases of la!ful !arrantless arrests& the

udge !ill issue a commitment order to 1eep the accused in custody" 0f

the udge is not satisfied& he may instruct the prosecutor to submit

additional evidence to aid in the his determination of probable cause"

2ote$ there are ' 1inds of determination of probable cause3 4" the

executive determination of probable cause and '" the udicial

determination of probable cause"

5he Executive determination of probable is done by a prosecutor (!ho is

an executive branch official of the government& and is under the

supervision and control of the D6. and ultimately& the President

5he udicial determination of probable cause is done by a udge

the ' are different" 5hey must be done separately and independently of

each other"

Why does the udge have to conduct another determination of probable cause7

it is a mandate of the constitution as one of the rights of the accused"

%rticle 000& ection ' of the 489- Constitution$

xxx no search !arrant or !arrant of arrest shall issue except upon

probable cause to be determined personally by the udge xxx"

When is a preliminary investigation conducted7

a preliminary investigation is #E:;0#ED to be conducted 02? 6F % C6@P>%025 6# 02F6#@%5062 for an offense !here

the penalty prescribed by la! is at least ) years 'months and 4day

(!hich is the maximum for Prision Correccional !ithout regard to the

fine" (#ule 44'& ection '& Paragraph '

5his is !ith the exception of cases !here there !as a la!ful

!arrantless arrest"

#ight to a Preliminary 0nvestigation

is a statutory right !hich is a component part of the constitutional

right to due process"

What& essentially& is preliminary investigation7

it is the procedure outlined in ection + of #ule 44'"

6fficers authoriAed by la! to conduct Preliminary 0nvestigations$

Prosecutors (Fiscals& under the D6.

Prosecutors under the 6ffice of the 6mbudsman

C6@E>EC (they may delegate to fiscals

K..!.

8/12/2019 Herrera Preliminary Investigation Lecture

2/2

Justice Oscar Herrera's Class Lecture

Criminal Procedure

A.Y. 2013-2014

PC??

What the 2