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What is the procedure in cases not requiring a preliminary investigation?


Sec. 9. Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure.—

(a) If filed with the prosecutor.—If the complaint is filed directly with the prosecutor involving an offense punishable by imprisonment of less than four (4) years, two (2) months and one (1) day, the procedure outlined in section 3(a) of this Rule shall be observed. The prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within ten (10) days from its filing.

(b) If filed with the Municipal Trial Court.— If the complaint or information is filed with the Municipal Trial Court or Municipal Circuit Trial Court for an offense covered by this section, the procedure in section 3(a) of this Rule shall be observed. If within ten (10) days after the filing of the complaint or information, the judge finds no probable cause after personally evaluating the evidence, or after personally examining in writing and under oath the complainant and his witnesses in the form of searching questions and answers, he shall dismiss the same. He may, how ever, require the submission of additional evidence, within ten (10) days from notice, to determine further the existence of probable cause. If the judge still finds no probable cause despite the additional evidence, he shall, within ten (10) days from its submission or expiration of said period, dismiss the case. When he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused had already been arrested, and hold him for trial. However, if the judge is satisfied that there is no necessity for placing the accused under custody, he may issue summons instead of a warrant of arrest. (Rule 112, Rules of Court)


NOTES:

What cases are covered by Section 9?

Section 9 talks only of cases:

(a) cognizable only by MTC; 
(b) the penalty does not exceed 4 years and 2 months;
(c) it should not be covered by the Rules of Summary Procedure. The coverage of summary procedure is up to 6 months penalty.

In short, Section 9 covers cases where the prescribed penalty exceeds 6 months but not more than 4 years and 2 months. These does not require preliminary investigation and also not covered by the summary rules.


What is the procedure in cases not requiring a preliminary investigation?

In cases which falls under the original jurisdiction of the MTC, which does not require a preliminary investigation nor does it fall under the Rules of Summary Procedure, the case may either be filed in court by a prosecutor or directly filed in court by the offended party.

1. If filed with the prosecutor, the prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within 10 days from its filing.

2. If filed with the MTC:

a. If within 10 days from the filing of the complaint or information, the judge finds no probable cause after personally examining the evidence in writing and under oath of the complainant and his witnesses in the form of searching questions and answers, he shall dismiss the complaint or information.

b. He may require the submission or additional evidence, within 10 days from notice. If he still finds no probable cause, he shall dismiss the case.

c. If he finds probable cause, he shall issue a warrant of arrest or a commitment order and hold him for trial. If he thinks that there is no necessity for placing the accused under custody, he may issue summons instead of a warrant of arrest.

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