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Criminal Procedure S5 Preliminary Investigation DOJ

Criminal-Procedure-S5-Preliminary-Investigation-DOJ

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Park Min Ra
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27 views

Criminal Procedure S5 Preliminary Investigation DOJ

Criminal-Procedure-S5-Preliminary-Investigation-DOJ

Uploaded by

Park Min Ra
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Criminal Procedure

Atty. Ramon D. Facun


Criminal Action:
DOJ-DC 015 – NPS Rules on PI and IP.
 We will learn under this Rule:
 1. Scope of the NPS Rules on Preliminary Investigation and
Inquest Proceedings?
 2. Coverage of the conduct of preliminary investigation?
 3. Quantum of Evidence in Preliminary Investigation and
Inquest Proceedings?
 4. Submissions during Preliminary Investigation?
 5. Period to resolve cases?
DOJ-DC 015 – NPS Rules on PI and IP:
Scope (Sec. 2).
 The 2024 DOJ-NPS Rules on Preliminary Investigations and
Inquest Proceedings shall govern the conduct of preliminary
investigations and inquest proceedings in all prosecution
offices in the National Prosecution Service of the Department of
Justice as enumerated in RA 10071 subject to the provisions of
Department Circular No. 20 dated 31 March 2023, where
applicable.
DOJ-DC 015 – NPS Rules on PI and IP:
Scope.
 Preliminary Investigation – is initiated by the filing of the
original complaint with two duplicate copies for official file and
such number of copies as there are respondents, with the
prosecution office. (Section 17 DOJ-NPS Rules)
DOJ-DC 015 – NPS Rules on PI and IP:
Scope.
 The complaint-affidavit shall state, among others,
 the names and addresses of the parties,
 the date and place where the alleged crime or offense or
violation of the ordinance was committed,
 and a statement of the facts of how the crime or offense or
violation of the ordinance was committed. (Section 17 DOJ-
NPS Rules)
DOJ-DC 015 – NPS Rules on PI and IP:
Scope.
 It shall be accompanied by the affidavits of his/her
witnesses, as well as other supporting evidence to establish a
prima facie evidence with reasonable certainty of conviction.
(Section 17 DOJ-NPS Rules)

DOJ-DC 015 – NPS Rules on PI and IP:
Scope.
 Inquest Proceedings – It is an informal and summary
investigation conducted by a prosecutor, or other officers
allowed by law,
 in cases involving persons arrested and detained without
the benefit of a warrant of arrest issued by the court
 for the purpose of determining whether said persons should
remain under custody and correspondingly be charged in
court. (Section 12 DOJ-NPS Rules)
DOJ-DC 015 – NPS Rules on PI and IP:
Coverage (Sec. 3).
 The conduct of preliminary investigation proceeding shall be
required for crimes or offenses where the penalty prescribed
by law is at least six (6) years and one (1) day without regard
to fine.
DOJ-DC 015 – NPS Rules on PI and IP:
Quantum of Evidence (Sec 5).
 The quantum of evidence for preliminary investigations and
inquest proceedings is prima facie evidence with reasonable
certainty of conviction.
DOJ-DC 015 – NPS Rules on PI and IP:
Quantum of Evidence (Sec 5).
 This quantum exists
 when a prima facie case is established by the evidence-at-
hand, including but not limited to testimonial evidence,
documentary evidence, and real evidence;
 and such evidence, on its own and if left uncontroverted,
 shall be sufficient to establish all the elements of a crime or
offense charged,
 and consequently warrant a conviction beyond reasonable
doubt.
DOJ-DC 015 – NPS Rules on PI and IP:
Quantum of Evidence (Sec 5).
 The quantum of evidence is met
 when the public prosecutor is convinced
 that the entirety of evidence presented by the parties is
 (a) admissible,
 (b) credible,
 and (c) capable of being preserved and presented
 to establish all the elements of the crime or offense,
 as well as identity of the person or persons responsible
therefor.
DOJ-DC 015 – NPS Rules on PI and IP:
Quantum of Evidence (Sec 5).
 The reasonable certainty of conviction
 also includes a summary evaluation of the evidence
presented by the respondents
 through their counter-affidavit.
DOJ-DC 015 – NPS Rules on PI and IP:
Submissions/Affidavit (Sec 9).
 1. Complaint-Affidavit;
 2. Counter-Affidavit;
 3. Reply-Affidavit;
 4. Rejoinder-Affidavit;
 5. Supporting evidence: (Testimonial Evidence [Affidavit of
Witness/es], Documentary Evidence, Object Evidence and Other
Evidence);
 6. Motion for suspension due to prejudicial questions;
 7. Motion for Extension of Time;
 8. Motion for Inhibition;
 9. Affidavit of Desistance if not prohibited by laws, rules and
regulations.
DOJ-DC 015 – NPS Rules on PI and IP:
Period to resolve cases (Sec 17).
 Preliminary Investigation:
 All preliminary investigation complaints shall be resolved by
the investigating prosecutor
 within a period of sixty (60) calendar days from the date of
assignment
 with a maximum of thirty (30) day extension in the following
cases: (a) capital offenses, (b) complex issues, (c) with counter-
charges; (d) consolidation of related complaints; and (e)
reassignment.
DOJ-DC 015 – NPS Rules on PI and IP:
Period to resolve cases (Sec 17).
 The recommendatory resolution and information shall be
transmitted to the head of office for approval within five (5)
calendar days from date of the resolution.
 The recommendatory resolution and information shall be acted
upon by the Prosecutor General, City/Provincial Prosecutor,
or his/her duly authorized deputies, within ten (10) calendar
days from receipt of the resolution and information.
 The resolution shall be promulgated within five (5) days from its
approval.
DOJ-DC 015 – NPS Rules on PI and IP:
Period to resolve cases (Sec 17).
 Inquest Proceeding:
 Inquest referrals shall be resolved within the day
 and transmitted to the head of office for approval on the next
working day.
Criminal Action:
DOJ-DC 015 – NPS Rules on PI and IP.
 Any Question???
For Next Meeting:
 Codal:
 Rule 113 – Arrest
 Book/s:
 Judge Janice L. Andrade-Uoarbe
 Covering Rule 113 – Arrest
For Next Meeting:
 Cases for Digest and/or Discussion:
 Rule 113 - Arrest
 GR 243022 – People vs Malado, etal
 GR 238659 – Vaporoso et al vs People
 GR 95847-48 – People vs Gerente

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