EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Fv'st Regular Session
SENATE
182
S. No.
«0ffitr of till' £ 
;-?ren*
’19 JUL-2 PI :32
n-C: i‘ j!
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
INSTITUTIONALIZING A CRIMINAL INVESTIGATION SYSTEM, 
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 5180, 
OTHERWISE KNOWN AS “AN ACT PRESCRIBING A UNIFORM SYSTEM 
OF PRELIMINARY IN\^ESTIGATION BY PROVINCIAL AND CITY 
FISCALS AND THEIR ASSISTANTS, AND BY STATE ATTORNEYS OR 
THEIR ASSISTANTS”, AND OTHER RELATED LAWS AND ISSUANCES
EXPLANATORY^ NOTE
“Justice delayed is justice denied.”
The Constitution mandates that all persons shall have the right to a speedy 
disposition of their cases. This ensures that parties, particularly the accused in 
criminal prosecutions, are protected from unnecessary delays.
However, the current state of criminal investigation in the country is very 
alarming. It has turned out to be slow and ineffective in prosecuting criminal cases and 
securing convictions in court. Thus, there is a need to overhaul the system to effectively 
address chronic delays and systemic inefficiency in litigating crimes.
This measure aims to streamline and strengthen the process of criminal 
investigation that will expedite and improve the administration of the criminal ju.stice 
system in the country.
Under this proposal, criminal investigation shall be composed of two stages.
First, the investigation stage where the investigating law enforcement officer 
and the investigating prosecutor shall work hand-in-hand. In actively participating in 
case build-up, both the police and the prosecutor can combine their forensic and legal 
expertise to come up with a solid case that will withstand the rigors of trial. 
Furthermore, the fusion of functions will make the handling of evidence during the


< t
investigation stage more systematic. Thereafter, the investigating prosecutor, based 
on the complaint and/or the result of the criminal investigation which they themselves 
led and supervised, shall determine, without need of additional adversarial 
proceedings, whether there is aprimafacie case to elevate the case to court.
Second, the preliminary hearing stage where the trial judge evaluates the 
evidence of both parties and resolves all other pre-trial incidents in one proceeding, 
and during the end of which a determination shall be made using the standard of 
preponderance of evidence whether a full-blown criminal trial is warranted.
The introduction of an investigating prosecutor will provide our law 
enforcement the sufficient legal guidance that would give the necessary direction in 
gathering and preserving the correct evidence necessary to secure conviction, as well 
as afford our prosecution service with the opportunity to dispose of the cases at the 
earliest possible opportunity by granting them access to as much information on the 
case at an early stage.
This bill will enhance our prosecution and justice system and ensure a speedier 
and more effective administration of justice. It is submitted that the improvements 
that this bill will introduce in our justice system that will serve as the centerpiece of a 
more just and efficient campaign against criminality.
This measure was originally filed during the 16th Congress. •
• 
%
LEILA M. DE LIlilA


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
Fii'st Regular Session 
)
SENATE
s. No. 182
0( I'je 
'. l '
T9 JUL -2 PI -^l
RECEIVED Bv;
Introduced by SENATOR LEILA M. DE LIMA
AN ACr
INSTITUTIONALIZING A CRIMINAL INVESTIGATION SYSTEM, 
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 5180, 
OTHERWISE KNOWN AS “AN ACT PRESCRIBING A UNIFORM SYSTEM 
OF PRELIMINARY INVESTIGATION BY PROVINCIAL AND CITY 
FISCAI^S AND THEIR ASSISTANTS, AND BY STATE ATTORNEYS OR 
THEIR ASSISTANTS”, AND OTHER RELATED LAWS AND ISSUANCES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. -  This Act shall be known as the “Criminal Investigation
2 
Act of 2019”.
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Sec. 2. Declaration of Policy. -  It is hereby declared the policy of the State to
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ensure the speedy, effective, efficient and economical conduct of criminal
5 
investigations by enhancing the cooperation and coordination of law enforcement and
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prosecution agencies, streamlining the process of determining which criminal
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complaints should proceed to trial and eliminating bureaucratic layers which cause
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undue delays in the criminal justice process.
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Sec. 3. Definition of Terms. -  As used in this Act:
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(a) Criminal Investigation System - refers to the entire process of investigating
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the commission of a crime and determining whether there is sufficient cause
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to file a criminal case in court and hold a respondent for trial. It is composed
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of two (2) stages: the criminal investigation stage and the preliminary
14 
hearing stage.
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(b) Criminal investigation - refers to the fact-finding inquiry conducted by law
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enforcement officers, under the direction of the investigating prosecutor.


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where evidence is gathered, with a view to determining whether a crime has 
been committed and whether a criminal information should be filed in court.
(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 shall also refer to the Ombudsman, the Special Prosecutor, their Deputies 
and Assistants, Graft Investigation and Prosecution Officers and Special 
Prosecutors, in cases falling under the jurisdiction of the Office of the 
Ombudsman.
(d) Law enforcement officer - refers to officers and agents of the Philippine 
National Police, National Bureau of Investigation, 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 should proceed to a full-blown criminal trial.
(f) Trial judge - refers to the judge in whose court a criminal information is 
filed after the conclusion of the criminal investigation. The trial judge will 
conduct the preliminary hearing and thereafter decide whether the case will 
be dismissed or will proceed to trial.
(g) Prima facie evidence - refers to evidence which, if unexplained or 
uncontradicted, is sufficient to sustain the proposition it supports or to 
establish the facts.
(h) 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.
(i) Proof beyond reasonable doubt - refers to the standard of proof which 
produces moral certainty or that which produces conviction in an 
unprejudiced mind.


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Sec. 4. Criminal Investigation System; Principles. -  The Criminal
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Investigation System shall be governed by the following principles:
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(a) The Criminal Investigation System shall be conducted in a speedy, effective,
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efficient and economical manner, with a view to facilitating the resolution of
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criminal cases, should they eventually reach the courts, through the
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systematic and proper gathering of evidence and forensic data, and accurate
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determination of perpetrators and their respective liabilities.
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(b)The Criminal Investigation System shall be composed of the criminal
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investigation stage and the preliminary hearing stage. During both stages,
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the primary aim of the investigating prosecutor and the trial judge is to
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determine whether there is sufficient evidence establishing the commission
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of a crime and linking the respondent to its commission, enough to justify
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the conduct of a full-blown criminal trial.
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(c) All criminal investigations shall be under the direct control and supervision
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of an investigating prosecutor. Law enforcement officers shall take guidance
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from and cooperate closely with the investigating prosecutor in the process
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of conducting criminal investigations, especially in matters concerning
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compliance with laws and rules of procedure, evidence-gathering and case
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build-up and preparation.
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(d) Upon the conclusion of a criminal investigation, the investigating
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prosecutor shall determine whether there is prima facie evidence that a
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crime has been committed, of which the respondent is probably guilty and
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should consequently stand trial. The investigating prosecutor, in making
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such a determination, shall rely on the substance of the complaint or report,
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and the evidence gathered during the criminal investigation stage. The
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conduct of a criminal investigation is an executive function; it is neither
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judicial nor quasi-judicial and is not adversarial in nature.
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(e) Upon the filing of a criminal information, the trial judge whose court it was
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raffled shall conduct a preliminary hearing and exert all effort to determine,
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by preponderance of evidence, whether there is sufficient cause for the
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respondent to stand trial. All remedies available to either parties at the
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preliminary hearing stage may be availed of, but the trial judge should not
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grant the same in a manner that would result in unnecessary delays.


i .
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(f) All preliminary hearings shall be adversarial in nature, with the trial judge
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relying on the submissions, arguments and counterarguments of the
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complainant and the respondent to arrive at a decision. However, the trial
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judge may be allowed to take an active part in the process and direct the
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course of the preliminary hearing by employing inquisitorial measures such
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as ordering the oral examination of witnesses or the production of additional
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evidence, if the same will aid in the weighing of the merits of both parties’
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evidence.
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(g) Except when there is a clear showing of grave abuse of discretion amounting
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to lack or excess of jurisdiction, the Criminal Investigation System, at any
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stage, shall not be restrained or enjoined by any court.
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Sec. 5. Criminal Investigation; Initiation. -  A criminal investigation may be
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initiated through the following modes:
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(a) Upon a report received by a law enforcement agency -  a law enforcement
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agency may receive reports of a crime from private individuals and
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intelligence assets, or referrals/recommendations from other government
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agencies. In such cases, the law enforcement agency shall immediately
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coordinate with an investigating prosecutor to determine the course of the
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criminal investigation.
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(b) Upon the instance of an investigating prosecutor -  an investigating
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prosecutor may initiate a criminal investigation in the following instances:
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(1) when a report or recommendation has been received regarding the
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commission of a crime, and (2) when such investigating prosecutor initiates
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an investigation to gather evidence on high incident crimes and other
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identified priority crimes. In such cases, the conduct and direction of the
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criminal investigation shall be determined by the investigating prosecutor,
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with the assistance of law enforcement officers.
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(c) Upon the instance of an aggrieved party who files a criminal complaint -
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an aggrieved party may formally file a criminal complaint in the prosecution
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office, accusing another person/s of committing a crime. In such cases, the
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conduct and direction of the criminal investigation shall be determined by
3 2 
the investigating prosecutor, with the assistance of law enforcement officers.
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Sec. 6. Criminal Investigation; Procedure. -


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(a) In cases where no criminal complaint is filed and the criminal investigation 
commences upon the instance of the law enforcement officer or the 
investigating prosecutor, as provided in Section 5 (a) and (b) of this Act, the 
following rules shall apply:
1. All reports of a crime received by a law enforcement officer 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 enforcement officers concerned.
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 instance of a private offended party, as provided in 
Section 5 (c) of this Act, the following rules shall apply:
1. The investigating prosecutor taking cognizance of a criminal 
complaint shall ensure that the same contains:
a. A statement of facts constituting the crime;
b. An allegation of the commission of a crime, with reference to the 
law/s allegedly violated;
c. The names of persons being accused, and their addresses;
d. The affidavits of witnesses;
e. Supporting documents and other evidence relevant to the crime;
f. The signature of the complainant; and
g. The 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 enforcement 
officers who shall participate in the criminal investigation. The


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investigating prosecutor shall lead the criminal investigation and 
direct its course, with the full cooperation and assistance of law 
enforcement officers concerned.
(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.
(d) The investigating prosecutor shall determine whether the criminal 
investigation should be terminated. Upon its termination, the law 
enforcement officers concerned 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.
(e) 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.
(f) The findings 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.
(g) The Criminal Investigation Report of an investigating prosecutor shall be 
approved or disapproved by the Head of the Prosecution Office concerned. 
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.
(h) 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.


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(i) If a criminal investigation results in the finding of prima facie evidence, the
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criminal information/s will be filed in court no later than five (5) days from
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the promulgation of the Resolution.
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Sec. 7. Powers of the Investigating Prosecutor during the Criminal
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Investigation. -  The investigating prosecutor shall exercise the following powers
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during the criminal investigation:
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1. Initiate, manage and supervise all incidents of the criminal
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investigation, in coordination with concerned law enforcement
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officers;
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2. Perform all acts necessaiy to ensure the integrity of the criminal
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investigation process and its compliance with relevant laws and rules;
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3. Take custody of and preserve all relevant evidence and ensure the
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integrity of the chain of custody over evidence at all stages of the
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criminal investigation;
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4. Supervise intelligence-gathering, surveillance and other methods of
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investigation in relation to the crime;
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5. Issue subpoenae ad testificandum and duces tecum to witnesses
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whose testimonies may be relevant to the investigation and to
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persons in custody of object evidence, including footages from
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closed-circuit television cameras (CCTV) and other video recording
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devices;
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6. Direct the appropriate law enforcement agencies to locate missing
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witnesses or persons of interest, in relation to the criminal
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investigation;
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7. Recommend the admission into the witness protection program,
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pursuant to existing laws, of any person who has witnessed or has
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knowledge or information on the commission of a crime in relation
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to the criminal investigation;
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8. Apply for warrants of arrest, search and seizure and such other
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processes as may be necessary in the course of the criminal
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investigation; and


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9- Direct law enforcement officers to submit inventories, reports,
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findings and other documents in connection with 
the criminal
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investigation.
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Sec. 8. Powers of the Law Enforcement Officers During the Criminal
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Investigation. -  Law Enforcement officers shall exercise the following powers during
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the Criminal Investigation:
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1. Conduct investigations, surveillance, intelligence-gathering, forensic
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examinations and other criminal investigative techniques under the
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authority of the investigating prosecutor and pursuant 
to the
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criminal investigation plan;
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2. Recommend to the investigating prosecutor the application for
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warrants of arrest, search and seizure in the course of the criminal
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investigation;
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3. Request for guidance and counsel from the investigating prosecutor,
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especially on points of law and legal procedure;
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4. Serve warrants of arrest, search and seizure as issued by the proper
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courts;
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5. Locate and secure witnesses and procure their sworn statements in
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connection with the crime being investigated;
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6. Locate and secure object evidence related to the criminal
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investigation, and turn over the same to the investigating prosecutor
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consistent with chain custody of rules; and
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7. Prepare and sign reports, inventories and other papers necessary for
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the documentation of the criminal investigation. The same shall not
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be released to any third party except with the wTitten clearance of the
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investigating prosecutor.
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Sec. 9. Preliminary Hearing; General Rules. -  The following general rules shall
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apply to all preliminaiy' hearings:
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(a) No motion for reinvestigation shall be entertained at the stage of the
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preliminary hearing, except on the ground of newly discovered evidence.
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(b) During the preliminary hearing, the trial judge shall have the power to issue
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compulsory processes, resolve preliminary legal issues that will not


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prejudice the case, and issue Hold Departure Orders, Temporary
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Restraining Orders, Freeze Orders and other ancillary remedies.
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(c) The preliminary hearing shall be summary in nature and shall rely primarily
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on the written submissions, arguments and counter arguments of the
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parties, unless the trial judge, upon motion of either party or motu propio,
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decides to take an active part in the proceedings employing inquisitorial
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measures such as ordering the oral examination of any of the parties or
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witnesses, or the production of additional evidence, in order to clarify
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contentious matters.
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(d) Except for meritorious circumstances, preliminary hearings shall be
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concluded with a maximum of three (3) trial settings, but in no case longer
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than fifteen (15) days.
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Sec. 10. Preliminary Hearing; Procedure. -  Upon the filing of the criminal
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information in the proper court, the following procedure shall apply:
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(a) The criminal information shall be raffled to a trial judge, who shall promptly
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issue a subpoena to the complainant and the respondent, ordering them to
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appear in court for the preliminary hearing of the case. The respondent,
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together with the subpoena, shall be furnished a copy of the criminal
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information, criminal complaint and its supporting documents (in cases
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where a criminal complaint was filed), the Criminal Investigation Report
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and the Resolution.
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(b) The complainant shall be represented by the investigating prosecutor, who
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shall present the case of the complainant to the trial judge with reference to
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the criminal complaint and its supporting documents (in cases where a
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criminal complaint was filed), the Criminal Investigation Report, the
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Resolution and such other relevant documents as may assist the trial judge.
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(c) The respondent shall be represented by counsel and given the opportunity
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to interpose a defense. The respondent shall file a Reply which shall contain
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all the substance of the defense, together with the affidavits of witnesses and
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such other supporting documents as may be necessary to establish the case.
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(d)If a subpoena is returned or unserved or if, despite due notice, the
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respondent fails to appear in court, the trial judge shall issue an order of
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default and proceed with the preliminary hearing ex parte, receiving only


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the evidence adduced by the prosecution. However, even in ex parte
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preliminary hearings, the trial judge may motupropio order the prosecution
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to present witnesses for oral examination by the trial judge or produce
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additional documentary evidence to aid the trial judge’s determination.
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(e) Upon termination of the preliminary hearing, the trial judge shall have five
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(5) days to determine, using the standard of preponderance of evidence,
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whether there is sufficient cause for the respondent to stand trial. If no such
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sufficient cause is found, the case shall be dismissed. Otherwise, the trial
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judge shall order that the case proceed to trial, and issue a warrant of arrest
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against the respondent, if proper.
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(f) Either party may request reconsideration of the decision of the trial judge
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within five (5) days from its promulgation. No further appeals shall be
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available.
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Sec. 11. Implementing Rules and Regulations. -  Within sixty (60) days from
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the promulgation of this Act, an inter-agency committee composed of the Supreme
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Court, Department of Justice and law enforcement agencies shall issue implementing
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rules and regulations to govern the implementation of this Act.
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Sec. 12. Separability Clause. -  If any provision of this Act is declared
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unconstitutional or invalid, other parts or provisions hereof not affected shall continue
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to be in full force and effect.
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Sec. 13. Repealing Clause. -  Republic Act No. 5180, Presidential Decree No. 77
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and Presidential Decree No. 911 are hereby repealed. All laws, executive orders,
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presidential decrees, presidential proclamations, letters of instruction, rules and
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regulations or parts thereof which are inconsistent with the provisions of this Act are
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hereby repealed or modified accordingly.
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Sec. 14. Ejfectivity Clause. -  This Act shall take effect fifteen (15) days following
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its publication in the Official Gazette or in two (2) newspapers of general circulation
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in the Philippines.
Approved,
10