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Republic of the Philippines

HOUSE OF REPRESENTATIVAS One
Quezon City Vike
BY: <—

Seventeenth Congress.

!
First Regular Session mecitiOgiUNeT

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HOUSE BILL NO.

Introduced by REPRESENTATIVES RODOLFO C. FARINAS,
PANTALEON D. ALVAREZ, ROLANDO G. ANDAYA, JR.,
MICHAEL JOHN R. DUAVIT, CARLOS O. COJUANGCO, ELISA T. KHO,
RANEO E. ABU, BENHUR L. SALIMBANGON, KARLO ALEXEI B. NOGRALES,
DANILO E. SUAREZ, and RODEL M. BATOCABE

EXPLANATORY NOTE

This bill seeks to institutionalize a system that will ‘strengthen and streamline
the criminal investigation process for speedy administration of criminal justice.

This bill was filed by Honorable Niel C. Tupas, Jr. during the Sixteenth
Congress and was referred to the Committee on Justice. A similar bill was also filed
in the Senate authored by Honorable Aquilino Pimentel III as Senate Bill No. 2670.

In the Philippines, effective prosecution of criminal cases is difficult to obtain
because of flawed and misguided preliminary investigations. The outcome of a case
depends upon the quality of the evidence presented to the court and the quality of
evidence depends upon investigations from its earliest stage. However, the present
system of our criminal investigations has proven to be ineffective. Most of the
criminal prosecutions fail due to several irregularities in the investigation process
such as unreasonable delay on the part of the law enforcers, mishandling, absence
or failure to preserve the evidence, unlawful arrests, use of torture to force persons
to confess to crimes they did not commit, intimidation and harassment of witnesses,
dereliction and other incidents prejudicial to the proper prosecution of the case.
Also, under the present system, public prosecutors do not have a role in the
investigation process itself. They only rely on the reports and evidence submitted by
the investigators. Hence, they lack the capacity to evaluate or validate all facts
submitted by the police.

Under this bill criminal investigation process will be streamlined into two
simple steps: first, the criminal investigation stage where the police and the
investigating prosecutor coordinate closely to gather evidence and build the case,
and during the end of which a prima facie determination of the propriety of filing an
information is made by the investigating prosecutor without need of adversarial
proceedings; and second, the preliminary hearing stage where the trial judge
evaluates the evidence of all parties and resolves all other pre-trial incidents in one


proceeding until the determination is made using the standard of preponderance of
evidence whether a full-blown criminal trial is warranted.

This measure makes the criminal investigations process simple, expeditious
and efficient.

In view of the foregoing, approval of this bill is eamestly sought.

7 /~
PANTALEON D/AUVAREZ wbooio C. FARINAS


(HB No. 08)

t Ugur gL

ete T. KHO

BENHOR L. SALIMBANGON

RODEL M. BATOCABE

DANILO E. SUAREZ

RLO ALEXEI B. NOGRALES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
First Regular Session
nr

House iit! 8S

Introduced by REPRESENTATIVES RODOLFO C. FARINAS,
PANTALEON D. ALVAREZ, ROLANDO G. ANDAYA, JR.,
MICHAEL JOHN R. DUAVIT, CARLOS O. COJUANGCO, ELISA T. KHO,
RANEO E. ABU, BENHUR L. SALIMBANGON, KARLO ALEXEI B. NOGRALES,
DANILO E. SUAREZ, and RODEL M. BATOCABE

AN ACT
INSTITUTIONALIZING A CRIMINAL INVESTIGATION SYSTEM, REPEALING
FOR THE PURPOSE REPUBLIC ACT NO. 5180, ENTITLED “AN ACT
PRESCRIBING A UNIFORM SYSTEM OF PRELIMINARY INVESTIGATION BY
PROVINCIAL AND CITY FISCALS AND THEIR ASSISTANTS AND BY STATE
ATTORNEYS OR THEIR ASSISTANTS,” AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Criminal
Investigation Act.”

SEC. 2, Declaration of Policy. ~ It is hereby deciared the policy of the State to
ensure the speedy, effective, efficient and economical conduct of criminal investigation by
enhancing the cooperation and coordination of law enforcements and prosecution
agencies, streamlining the process of preliminary investigations and eliminating
bureaucratic layers that cause undue delays in the criminal justice process.

SEC. 3. Definition of Terms. — As used in this Act:

a) Criminal investigation system refers to the entire process of
investigating the commission of a crime and determining whether there is sufficient
cause to file a criminal case in court and hold a respondent for trial. It is composed
of two (2) stages: the criminal investigation stage and the preliminary hearing stage;

b) Criminal investigation refers to the fact-finding inquiry conducted by law
enforcement officers, under the direction of the investigating prosecutor, where
evidence is gathered with a view to determining whether a crime has been
committed and whether a criminal information needs to be filed in court;


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c) Investigating prosecutor refers to the Prosecutor General, regional
prosecutors, state prosecutors, provincial prosecutors, city prosecutors and their
respective deputies and assistants and prosecution attorneys who have the authority
to prosecute crimes within their respective jurisdictions. It also refers to the
Ombudsman, special prosecutors, their deputies and assistants, graft investigators
and prosecution officers , in cases falling under the jurisdiction of the Office of the
Ombudsman;

d) Law enforcement officer refers to agent or personnel of the Philippine
National Police, National Bureau of Investigation, Office of the Ombudsman,
Philippine Drug Enforcement Agency, Bureau of Immigration, Bureau of Customs,
Anti-Money Laundering Council, Securities and Exchange Commission, Bureau of
Internal Revenue, Philippine Coast Guard and other agencies which have the legal
authority to enforce laws or investigate the commission of crimes.

e) Preliminary hearing refers to the proceedings conducted before the trial
judge after a criminal information has been filed in court, during which the
complainant and the respondent present their respective evidence to establish
whether the case requires a full-blown criminal trial.

f) Prima facie evidence refers to evidence which, if unexplained or
uncontradicted, is sufficient to sustain the proposition it supports or to establish the
facts.

9g) _ Preponderance of evidence refers to the standard of proof where the
evidence of one side is deemed by the court to be more convincing, of more
probative weight and more worthy of belief, than that which was offered in opposition
to it

h) Proof beyond reasonable doubt refers to the standard of proof which
produces moral certainty, or that which produces conviction in an unprejudiced mind.

i) Trial judge refers to the judge in whose court a criminal information is
filed after the conclusion of the criminal investigation and who conducts the
preliminary hearing and thereafter decides whether the case is to be dismissed or is
to proceed in trial.

SEC. 4. Criminal Investigation System Principles. — The criminal
investigation system shall be governed by the following principles:

a) The criminal investigation system shall be conducted in a speedy,
effective, efficient and economical manner, with a view to facilitating the resolution of
criminal cases, should they eventually reach the courts, through the systematic and
proper gathering of evidence and forensic data, and accurate determination of
perpetrators and their respective liabilities.

b) The criminal investigation system shall be composed of the criminal
investigation stage and preliminary hearing stage. During both stages, the primary
aim of the investigating prosecutor and the trial judge is to determine whether there
is sufficient evidence establishing the commission of a crime and linking the
respondent to its commission, enough to justify the conduct of a full-blown criminal
trial.


c) All criminal investigations shall be under the direct control and
supervision of an investigating prosecutor. Law enforcers shalll take guidance from
and cooperate closely with the investigating prosecutor in the process of conducting
criminal investigations, especially in matters concerning compliance with laws and
rules of procedure, evidence-gathering and case-build up and preparation.

d) Upon the conclusion of a criminal investigation, the investigating
prosecutor shall determine whether there is prima facie evidence that a crime has
been committed, of which the respondent is probably guilty and should subsequently
stand trial. The investigating prosecutor, in making such a determination, shall rely
on the substance of the complaint or report and the evidence gathered during the
criminal investigation stage. The conduct of a criminal investigation is an executive
function, it is neither judicial nor quasi-judicial and is not adversarial in nature.

e) Upon the filing of a criminal information, the trial judge to whose court it
was raffled shall conduct a preliminary hearing and exert all effort to determine, by
preponderance of evidence, whether there is sufficient cause for the respondent to
stand trial. All remedies available to either parties at the preliminary hearing stage
may be availed of, but the trial judge shall not grant the same in a manner that would
result in unnecessary delays.

f) All preliminary hearings shall be adversarial in nature, with the trial
judge relying on the submissions, arguments and counter-arguments of the
complainant and the respondent to arrive at a decision. The trial judge may be
allowed to take an active part in the process and direct the course of the preliminary
hearing by employing inquisitorial measures such as ordering the oral examination of
witnesses or the production of additional evidence, if these help in the weighing of
the merits of both parties’ evidence.

9) Except when there is a clear showing of grave abuse of discretion
amounting to lack or excess of jurisdiction, the criminal investigation system, at any
stage, shall not be restrained or enjoined by any court.

SEC. 5. Criminal Investigation Initiation. — A criminal investigation may be
initiated through the following modes:

a) Upon a report received by a law enforcement agency. — A law
enforcement agency may receive reports of a crime from private individuals and
intelligence assets, referrals or recommendations from other government agencies.
In such cases, the law enforcement agency shall immediately coordinate with an
investigating prosecutor to determine the course of the criminal investigation.

b) Upon the instance of an investigating prosecutor. — An investigating
prosecutor may initiate a criminal investigation when:

4. A report or recommendation has been received regarding the
commission of a crime.

2. The investigating prosecutor initiates an investigation to gather
evidence on high incident crimes and other identified priority crimes. In this
case, the conduct and direction of the criminal investigation shall be


determined by the investigating prosecutor, with the assistance of law
enforcers.

c) Upon the instance of an aggrieved party who files a criminal complaint.
— An aggrieved party may formally file a criminal complaint in the prosecution office,
accusing another person of committing a crime. In such cases, the conduct and
direction of the criminal investigation shall be determined by the investigating
prosecutor with the assistance of law enforcers.

SEC. 6. Criminal Investigation Procedure. — a) In cases where no criminal
complaint is filed and the criminal investigation commences upon the instance of the
law enforcer or the investigating prosecutor, as provided in Section 5 (a) of this Act,
the following rules shall apply:

1. All reports of a crime received by a law enforcer shall
immediately be communicated to an investigating prosecutor, who shall lead
the criminal investigation and direct its course, with the full cooperation and
assistance of law enforcers.

2. If a report is received by an investigating prosecutor from any
other office or agency or if the investigating prosecutor initiates the
investigation to gather evidence on high incident crimes and other identified
priority crimes, coordination with the appropriate law enforcement agency
shall be immediately established in order to commence the criminal
investigation.

b) In cases where a criminal complaint is filed and the criminal
investigation commences upon the assistance of a private offended party, as
provided in Section 5 (c) of this Act, the following rules apply:

1. The investigating prosecutor, taking cognizance of a criminal
complaint, shall ensure that the complaint contains the following:

i. ‘Statement of facts constituting the crime;

ii. Allegation of the commission of a crime, with reference to
the laws allegedly violated;

iii. Names of persons being accused and their addresses;

iv. Affidavits of witnesses;

v. Supporting documents and other evidence relevant to the
crime;

vi. Signature of the complainant; and

vi. Complainant's certification of non-forum shopping.

2. The complaint shall be sworn to by the complainant before the
investigating prosecutor, who shall certify that the same represents the
complainant's voluntary act and was fully understood by the complainant.

3. The investigating prosecutor shall immediately coordinate with
the appropriate law enforcement agency to enlist law enforcers who shall
participate in the criminal investigation. The investigating prosecutor shall
lead the criminal investigation and direct its course with the full cooperation
and assistance of the law enforcers.


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c) The investigating prosecutor, as far as practicable, shall immediately
proceed to the scene of the crime in order to supervise the investigation and ensure
the compliance of all evidence-gathering techniques with applicable laws and rules,
including rules on chain of custody over evidence.

4) During the criminal investigation, the investigating prosecutor shall
exercise the following powers:

t Initiate, manage and supervise all incidents of the criminal
investigation in coordination with law enforcers;

2. Perform all acts necessary to ensure the integrity of the criminal
investigation process and its compliance with relevant laws and rules;

3. Take custody of and preserve all relevant evidence and ensure
the integrity of the chain of custody over evidence at all stages of the criminal
investigation;

4. Supervise _intelligence-gathering, surveillance and other
methods of investigation in relation to the crime;

5. Apply for warrants of arrest, search and seizure and such other
processes as may be necessary in the course of the criminal investigation;
and

6. __ Direct law enforcers to submit inventories, reports, findings and
other documents in connection with the criminal investigation.

e) During the criminal investigation, law enforcers shall exercise the
following powers:

4. Conduct investigation, surveillance, _intelligence-gathering,
forensic examination and other criminal investigative techniques under the
authority of the investigating prosecutor and pursuant to the criminal
investigation plan;

2 Recommend to the investigating prosecutor the application for
warrants of arrest, search and seizure in the course of the criminal
investigation;

3. Request for guidance and counsel from the investigating
prosecutor, especially on points of law and legal procedure;
4. Serve warrants of arrest, search and seizure as issued by the

proper courts;

5. Locate and secure witnesses and procure their sworn
statements in connection with the crime being investigated;

6. Locate and secure object evidence related to the criminal
investigation and turn over the same to the investigating prosecutor consistent
with chain of custody rules; and


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7. Prepare and sign reports, inventories and other papers
necessary for the documentation of the criminal investigation. The same shall
not be released to any third party except with the written clearance of the
investigating prosecutor.

f) The investigating prosecutor shall determine whether the criminal
investigation should be terminated. Upon its termination, the law enforcers assigned
shall submit a case file containing all relevant statements of fact, inventory of
evidence, affidavits, background information of persons connected with the criminal
investigation and other relevant facts to aid in the investigating prosecutor's
determination of a prima facie case.

9) Within thirty (30) days, the investigating prosecutor shall determine,
based on the case file, whether there is a prima facie evidence that a crime has been
committed, warranting the filing of a criminal information against the person or
persons criminally responsible.

h) The finding of the investigating prosecutor shall be contained in a
criminal investigation report. A criminal investigation report finding the existence of a
prima facie evidence of a crime shall include a criminal information naming the
person or persons to be accused and their respective crimes.

i) The criminal investigation report of an investigating prosecutor shall be
approved or disapproved by the head of the prosecution office. In case the criminal
investigation report is disapproved, the head of the prosecution office may reverse
the findings of the investigating prosecutor and (1) proceed to dismiss the case, or
(2) direct the filing of the criminal information in court, without need of further
reinvestigation. The final decision of approval or disapproval by the head of the
prosecution office shall be embodied in a resolution.

j) If a criminal investigation results in the dismissal of the case, the
aggrieved party may seek reconsideration within five (5) days from the promulgation
of the resolution. No further appeals shall be available.

k) Ifa criminal investigation results in the finding of prima facie evidence,
the criminal information shall be filed in court not later than five (5) days from the
promulgation of the resolution.

SEC. 7. Preliminary Hearing; General Rules. — The following general rules
shall apply to alll preliminary hearings:

a) No motion for reinvestigation shall be entertained at the stage of the
preliminary hearing except on the ground of newly-discovered evidence.

b) During the preliminary hearing, the trial judge shall have the power to
issue compulsory processes, resolve preliminary legal issues that do not prejudice
the case and issue hold departure orders, temporary restraining orders, freeze
orders and other ancillary remedies.

c) The preliminary hearing shall be summary in nature and shall rely
primarily on the written submission, argument and counter-argument of the parties,
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active part in the proceedings employ inquisitorial measures such as ordering the
oral examination of any of the parties or witnesses, or the production of additional
evidence, in order to clarify contentious matters.

4) Except for meritorious circumstances, preliminary hearing shall be
concluded within a maximum of three (3) trial settings but shall not be longer than
fifteen (15) days.

SEC. 8. Preliminary Hearing Procedure. — Upon the filing of the criminal
information in the proper court, the following procedure shall apply:

a) The criminal information shall be raffled to a trial judge, who shall
promptly issue a subpoena to the complainant and the respondent, ordering them to
appear in court for the preliminary hearing of the case. The respondent, together
with the subpoena, shall be furnished a copy of the criminal information, criminal
complaint and its supporting documents in cases where a criminal complaint was
filed, the criminal investigation report and the resolution.

b) The complainant shall be represented by the investigating prosecutor
who shall present the case of the complainant to the trial judge with reference to the
criminal complaint and its supporting documents in cases where a criminal complaint
was filed, the criminal investigation report, the resolution and such other relevant
documents as may assist the trial judge.

c) The respondent shall be represented by counsel and given the
opportunity to interpose a defense. The respondent shall file a reply which shall
contain all the substance of the defense together with the affidavits of witnesses and
such other supporting documents as may be necessary to establish the case.

d) If a subpoena is returned unserved or if, despite due notice, the
respondent fails to appear in court, the trial judge shall issue an order of default and
proceed with the preliminary hearing ex parte, receiving only the evidence adduced
by the prosecution. In ex parte preliminary hearing, the trial judge may motu proprio
order the prosecution to present witnesses for oral examination by the trial judge or
produce additional.

e) Upon termination of the preliminary hearing, the trial judge shall have
five (5) days to determine, using the standard of preponderance of evidence,
whether there is sufficient cause for the respondent to stand trial. If no sufficient
cause is found, the case shall be dismissed. Otherwise, the trial judge shall order
that the case proceed to trial, and issue a warrant of arrest against the respondent, if
proper.

Either party may request reconsideration of the decision of the trial
judge within (5) days from its promulgation. No further appeal shall be available.

SEC. 9. Implementing Rules and Regulations. — Within sixty (60) days
from the promulgation of this Act, an inter-agency committee composed of a member
of the Supreme Court and representatives from the Department of Justice and law
enforcement agencies shall issue implementing rules and regulations to govern the
implementation of this Act.


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SEC. 10. Separability Clause. — If any provision of this Act shall be declared
unconstitutional, any other provision not affected thereby shall remain in full force
and effect.

SEC. 11. Repealing Clause. — Republic Act No. 5180, Presidential Decree
No. 77 and Presidential Decree No. 911 are hereby repealed. All other laws,
decrees, orders, rules and regulations or parts thereof inconsistent with this Act are
hereby repealed or modified accordingly.

SEC. 12. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved.