Pilapil vs. Sandiganbayan G.R. No. 101978. April 7, 1993 Facts: The Investigating Ombudsman issued an order requiring Pilapil to submit his coun…
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Showing posts with the label Rule 112 - Preliminary InvestigationShow all
Preliminary Investigation Preliminary Inquiry conducted by the prosecutor conducted by the judge to ascertain whether the alleged offender should …
Read morePerson in custody who is not yet formally charged may apply for bail with any court in the province, city or municipality where he is held
Bail
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Facts: Santos was arrested lawfully without a warrant for carnapping and detained at Camp Crame in Quezon City . He asked for a preliminary invest…
Read moreA warrant of arrest is not required in the following instances: When a complaint or information has already been filed pursuant to a lawful warrantl…
Read moreThe decision to call witnesses for clarificatory questions is addressed to the sound discretion of the investigator
Rule 112 - Preliminary Investigation
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Facts: The DOJ Panel found probable cause for the crime of rape with homicide against Hubert Webb. Webb claimed that the DOJ Panel gravely abused …
Read moreConfrontation between the parties during the preliminary investigation not imperative
Preliminary Investigation
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Sierra vs. Lopez Digest Adm. Case No. 7549, August 29, 2008 Facts: Sierra filed a criminal complaint against several persons before the Offic…
Read moreWarrant of Arrest
Criminal Procedure
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Sec. 5. When warrant of arrest may issue. — (a) By the Regional Trial Court. — Within ten (10) days from the filing of the complaint or information,…
Read moreInquest Proceedings
Criminal Procedure
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Sec. 6. When accused lawfully arrested without warrant. – When a person is lawfully arrested without a warrant involving an offense which requires a …
Read moreRecords
Criminal Procedure
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Sec. 8. Records. — (a) Records supporting the information or complaint. — An information or complaint filed in court shall be supported by the affidav…
Read moreWhat is the procedure in cases not requiring a preliminary investigation?
Criminal Procedure
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Sec. 9. Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure.— (a) If filed with the prosecutor. —If the c…
Read moreA. By the Regional Trial Court For all RTC cases, a warrant of arrest will naturally issue if there is probable cause. 1. Within 10 days fr…
Read moreWhat is a warrant of arrest?
Criminal Procedure
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A warrant of arrest is a legal process issued by competent authority, directing the arrest of a person or persons upon grounds stated therein.
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