REPUBLIC ACT No. 5180
(as amended by PD 911)
AN ACT PRESCRIBING A UNIFORM SYSTEM OF PRELIMINARY INVESTIGATION BY PROVINCIAL AND CITY FISCALS AND THEIR ASSISTANTS, AND BY STATE ATTORNEYS OR THEIR ASSISTANTS.Section 1. Notwithstanding any provision of law to the contrary and except when an investigation has been conducted by a judge of first instance, city or municipal judge or other officer in accordance with law and the Rules of Court of the Philippines, no information for an offense cognizable by the Court of First Instance shall be filed by the provincial or city fiscal or his assistants or by a state prosecutor, without first conducting a preliminary investigation in the following manner:
(a) All complaints shall be accompanied by statements of the complainant and his witnesses as well as other supporting documents. The statements of the complainant and his witnesses shall be sworn to before any fiscal or state prosecutor or before any government official authorized to administer oath. The officer administering the oath must certify that he has...
Details
Amends
n/a
Amended by
n/a
Republic Acts
AN ACT PRESCRIBING A UNIFORM SYSTEM OF PRELIMINARY INVESTIGATION BY PROVINCIAL AND CITY FISCALS AND THEIR ASSISTANTS
Republic Act No. 5180
Summary of Republic Act No. 5180 (as amended by PD 911):
Uniform System of Preliminary Investigation
- Prescribes a uniform system for preliminary investigation by provincial and city fiscals, their assistants, state attorneys, and their assistants.
- Applies to offenses cognizable by the Court of First Instance, except when investigation has been conducted by a judge or other officer in accordance with law and the Rules of Court.
Procedure for Preliminary Investigation:
• Complaints must be accompanied by sworn statements of the complainant and witnesses, and other supporting documents.
- Statements must be sworn before a fiscal, state prosecutor, or authorized government official. (Section 1(a))
• If no probable cause is found based on the complainant's evidence, the case shall be dismissed. (Section 1(b))
• If probable cause is established, the respondent shall be notified by subpoena to submit a counter-affidavit, affidavits of witnesses, and other supporting documents within 10 days. (Section 1(b))
• If the respondent cannot be subpoenaed or does not appear, the investigation shall proceed without them. (Section 1(b))
• If a prima facie case is established, the investigating fiscal or state prosecutor shall immediately file the corresponding information in court. (Section 1(c))
• If no prima facie case is found, the case shall be dismissed, unless clarificatory questions need to be asked to the parties or witnesses. (Section 1(c))
• The preliminary investigation shall proceed without requiring parties and witnesses to reaffirm their statements. (Section 1(d))
• The case shall be resolved within 10 days from its termination, with copies of the resolution provided to the parties. (Section 1(d))
Certification and Filing of Information:
• The fiscal or state prosecutor shall certify under oath in the information that:
- They examined the complainant and witnesses.
- Based on the sworn statements and evidence, there is reasonable ground to believe a crime was committed and the accused is probably guilty.
- The accused was informed of the complaint and evidence, and given an opportunity to submit controverting evidence. (Section 1)
• No assistant fiscal or state prosecutor may file an information or dismiss a case without prior approval of the provincial or city fiscal or Chief State Prosecutor. (Section 1)
• If an assistant fiscal or state prosecutor recommends dismissal but is overruled by the provincial or city fiscal or Chief State Prosecutor, the latter may file the information based on the same sworn statements and evidence without another investigation. (Section 1)
• If the Secretary of Justice reverses the resolution of the provincial or city fiscal or Chief State Prosecutor, they may authorize the dismissal or filing of an information based on the same sworn statements and evidence without another investigation. (Section 1)
Investigations of Persons in Custody:
• The provisions of Section 15, Rule 112 of the New Rules of Court of the Philippines shall be observed in investigations of persons in custody. (Section 2)
Repealing Clause and Effectivity:
• All laws, city charters, rules, and regulations contrary to this Act are repealed. (Section 3)
• This Act took effect upon its approval on September 8, 1967. (Section 4)
Uniform System of Preliminary Investigation
- Prescribes a uniform system for preliminary investigation by provincial and city fiscals, their assistants, state attorneys, and their assistants.
- Applies to offenses cognizable by the Court of First Instance, except when investigation has been conducted by a judge or other officer in accordance with law and the Rules of Court.
Procedure for Preliminary Investigation:
• Complaints must be accompanied by sworn statements of the complainant and witnesses, and other supporting documents.
- Statements must be sworn before a fiscal, state prosecutor, or authorized government official. (Section 1(a))
• If no probable cause is found based on the complainant's evidence, the case shall be dismissed. (Section 1(b))
• If probable cause is established, the respondent shall be notified by subpoena to submit a counter-affidavit, affidavits of witnesses, and other supporting documents within 10 days. (Section 1(b))
• If the respondent cannot be subpoenaed or does not appear, the investigation shall proceed without them. (Section 1(b))
• If a prima facie case is established, the investigating fiscal or state prosecutor shall immediately file the corresponding information in court. (Section 1(c))
• If no prima facie case is found, the case shall be dismissed, unless clarificatory questions need to be asked to the parties or witnesses. (Section 1(c))
• The preliminary investigation shall proceed without requiring parties and witnesses to reaffirm their statements. (Section 1(d))
• The case shall be resolved within 10 days from its termination, with copies of the resolution provided to the parties. (Section 1(d))
Certification and Filing of Information:
• The fiscal or state prosecutor shall certify under oath in the information that:
- They examined the complainant and witnesses.
- Based on the sworn statements and evidence, there is reasonable ground to believe a crime was committed and the accused is probably guilty.
- The accused was informed of the complaint and evidence, and given an opportunity to submit controverting evidence. (Section 1)
• No assistant fiscal or state prosecutor may file an information or dismiss a case without prior approval of the provincial or city fiscal or Chief State Prosecutor. (Section 1)
• If an assistant fiscal or state prosecutor recommends dismissal but is overruled by the provincial or city fiscal or Chief State Prosecutor, the latter may file the information based on the same sworn statements and evidence without another investigation. (Section 1)
• If the Secretary of Justice reverses the resolution of the provincial or city fiscal or Chief State Prosecutor, they may authorize the dismissal or filing of an information based on the same sworn statements and evidence without another investigation. (Section 1)
Investigations of Persons in Custody:
• The provisions of Section 15, Rule 112 of the New Rules of Court of the Philippines shall be observed in investigations of persons in custody. (Section 2)
Repealing Clause and Effectivity:
• All laws, city charters, rules, and regulations contrary to this Act are repealed. (Section 3)
• This Act took effect upon its approval on September 8, 1967. (Section 4)