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Records

Criminal Procedure Records Rule 112 - Preliminary Investigation

Sec. 8. Records. — (a) Records supporting the information or complaint. — An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution on the case.

(b) Record of preliminary investigation. — The record of the preliminary investigation, whether conducted by a judge or a fiscal, shall not form part of the record of the case. However, the court, on its own initiative or on motion of any party, may order the production of the record or any its part when necessary in the resolution of the case or any incident therein, or when it is to be introduced as an evidence in the case by the requesting party. 


NOTES:

Section 8 is just a reiteration of a doctrine that when the fiscal files an information, he should back up his certification of probable cause with appropriate records. An information with mere certification is not enough. (Lim, Sr. vs. Felix)


Will the records of preliminary investigation form part of the records in court?

NO. if you want it to be part of the records, in the criminal case in court, you should apply for an order to elevate the records to the criminal court.

 

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