Summary
Highlights
Preliminary investigation is an inquiry to determine if there's sufficient ground to believe a crime has been committed and the respondent is probably guilty. It's not a trial, nor a fundamental constitutional right, but a statutory right and a component of due process in criminal justice.
The purpose is to determine if a crime has been committed and if the respondent is probably guilty, leading to the filing of information if probable cause exists. The right to preliminary investigation can be waived expressly or by implication, particularly by failing to invoke it before or at the time of the plea.
Probable cause is the existence of facts and circumstances that lead a reasonable person to suspect the accused is guilty. It's based on opinion and reasonable belief, not absolute certainty, and its determination lies with prosecuting officers after a preliminary investigation, without the need for the complainant's presence.
There are two kinds: executive determination, made by the public prosecutor during preliminary investigation to decide if a criminal case should be filed, and judicial determination, made by a judge to ascertain if a warrant of arrest should be issued based on submitted evidence.
Preliminary investigations can be conducted by provincial/city/national/regional state prosecutors, and other authorized officers. Judges of first-level courts are no longer allowed. Other entities include the COMELEC for election offenses, the Office of the Ombudsman for public officers, and the PCGG with assistance from the Solicitor General.
Cases requiring preliminary investigation are offenses with a penalty of at least four years, two months, and one day. Exceptions include cases with lower penalties, those under summary procedure, special laws, certain city charters, and lawful arrests without warrants (inquest is conducted instead).
Criminal action can be initiated by filing the complaint directly with the prosecutor, who will act on affidavits and supporting documents within 10 days, personally examining affiants. Alternatively, it can be filed with the municipal trial court, where the judge evaluates evidence, examines the complainant and witnesses, and may dismiss the case or issue a warrant/summons.
The absence of a preliminary investigation does not affect the court's jurisdiction or render the information defective. A motion to quash is not the proper remedy; instead, the court should remand the case to the prosecutor for investigation.