Professional Documents
Culture Documents
3RD
MEETING
RULE 112
(d) Other officers as may be authorized by law.
Preliminary Investigation
jurisdictions. (2a)
(c) Within ten (10) days from receipt of the subpoena with
their affidavits.
(b) Within ten (10) days after the filing of the complaint, the
ten (10) day period, the investigating officer shall resolve the
complainant.
shall act on the resolution within ten (10) days from their receipt
has been committed and that the accused is probably guilty thereof;
that the accused was informed of the complaint and of the evidence
Within five (5) days from his resolution, he shall forward the record of
the case to the provincial or city prosecutor or chief state prosecutor,
judge shall transmit the resolution of the case to the provincial or city
findings of facts and the law supporting his action, together with the
record of the case which shall include: (a) the warrant, if the arrest is
present additional evidence within five (5) days from notice and the
issue must be resolved by the court within thirty (30) days from the
accused and the order for his release; (d) the transcripts of the
the complaint.
Within thirty (30) days from receipt of the records, the provincial or
state the facts and the law on which it is based and the parties shall
(5a)
Trial Court. Within ten (10) days from the filing of the complaint or
for the conclusion of the investigation, the judge may issue a warrant
inception.
the time he learns of its filing, ask for a preliminary investigation with
by fine only. The court shall then proceed in the exercise of its
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
peace office directly with the proper court on the basis of the affidavit
of an offense. (1)
an offense;
officer executing the warrant to arrest the accused and to deliver him
the warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its receipt. Within
ten (10) days after the expiration of the period, the officer to whom it
was assigned for execution shall make a report to the judge who
RULE 126
search for personal property described therein and bring it before the
court. (1)
an offense. (2a)
committed.
However, if the criminal action has already been filed, the application
shall only be made in the court where the criminal action is pending.
(n)
Section 3. Personal property to be seized. A search warrant may
be issued for the search and seizure of personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the
offense; or
be served in the day time, unless the affidavit asserts that the
property is on the person or in the place ordered to be searched, in
valid for ten (10) days from its date. Thereafter it shall be void. (9a)