SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
rEB 25 1'7:0 J 
Second Regular Session 
) 
SENATE 
S. B. No. 2670 
Introduced by Senator Aquilino "Koko" Pimentel III 
1 
2 
AN ACT INSTITUTIONALIZING A CRIMINAL 
3 
INVESTIGATION SYSTEM, REPEALING FOR THE PURPOSE 
4 
REPUBLIC ACT NO. 5180, OTHERWISE KNOWN AS "AN ACT 
5 
PRESCRIBING A UNIFORM SYSTEM OF PRELIMINARY 
6 
INVESTIGATION BY PROVINCIAL AND CITY FISCALS AND 
7 
THEIR ASSISTANTS, AND BY ST ATE ATTORNEYS OR THEIR 
8 
ASSISTANTS", AND OTHER RELA TED LAWS AND 
9 
ISSUANCES 
10 
11 
EXPLANATORY NOTE 
12 
13 
The current state of criminal investigation in the country is not 
14 
only painfully slow but has also proven to be ineffective in prosecuting 
15 
criminal cases and securing convictions in court, thus, necessitating a 
16 
complete overhaul of the system to address unreasonable delays, 
17 
mishandling, and systemic inefficiency at the front end of the criminal 
18 
justice system - the stage of criminal investigation. 
19 
This bill seeks to streamline the criminal investigation process by 
20 
making it a two-step process: First, the criminal investigation stage 
21 
where the police and the investigating prosecutor coordinate closely to 
22 
gather evidence and build the case, and during the end of which a prima 
23 
facie determination of the propriety of filing an information shall be 
24 
made by the investigating prosecutor without need of adversarial 
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1 
proceedings; and Second, the preliminary hearing stage where the trial 
2 
judge evaluates the evidence of both parties and resolves all other pre-
3 
trial incidents in one proceeding, and during the end of which a 
4 
determination shall be made using the standard of preponderance of 
5 
evidence whether a full- blown criminal trial is warranted. 
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Considering the urgent need to make the conduct of criminal 
7 
investigations simple, speedy, and efficient, the immediate approval of 
8 
this measure is earnestly sought. 
A~;~~v 
AQUILINO "KOKO" PIMENTEL III 
2 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
) 
) 
) 
',5 
FEB 25 P7 :0) 
SENATE 
S. B. No. 
2670 
Introduced by Senator Aquilino "Koko" Pimentel III 
1 
AN ACT INSTITUTIONALIZING A CRIMINAL 
2 
INVESTIGATION SYSTEM, REPEALING FOR THE PURPOSE 
3 
REPUBLIC ACT NO. 5180, OTHERWISE KNOWN AS "AN ACT 
4 
PRESCRIBING A UNIFORM SYSTEM OF PRELIMINARY 
5 
INVESTIGATION BY PROVINCIAL AND CITY FISCALS AND 
6 
THEIR ASSISTANTS, AND BY STATE ATTORNEYS OR THEIR 
7 
ASSISTANTS", AND OTHER RELATED LAWS AND 
8 
ISSUANCES 
9 
Be it enacted by the Senate and House of Representatives of the Philippines 
10 
in Congress assembled. 
11 
12 
SECTION 1. 
Short Title. - This Act shall be known as the 
13 
Criminal Investigation Act of 20 15. 
14 
SECTION 2. 
Declaration of Policy. - It is hereby declared the 
15 
policy of the State to ensure the speedy, effective, efficient and 
16 
economical conduct of criminal investigations by enhancing the 
17 
cooperation and coordination of law enforcement and prosecution 
18 
agencies, streamlining the process of determining which criminal 
19 
complaints should proceed to trial and eliminating bureaucratic layers 
20 
which cause undue delays in the criminal justice process. 
3 


1 
SECTION 3. Definition of Terms. -
2 
(a) "Criminal Investigation System" refers to the entire process of 
3 
investigating the commission of a crime and determining whether 
4 
there is sufficient cause to file a criminal case in court to hold a 
5 
respondent for trial. It is composed of two (2) stages: the criminal 
6 
investigation stage and the preliminary hearing stage. 
7 
(b) 
"Criminal Investigation" refers to the fact-finding mqUlry 
8 
conducted by law enforcement officers, under the direction of the 
9 
investigating prosecutor, where evidence is gathered, with a view 
10 
to determining whether a crime has been committed and whether a 
11 
criminal information should be filed in court. 
12 
(c) "Investigating Prosecutor" refers to the Prosecutor General, 
13 
Regional Prosecutors, State Prosecutors, Provincial Prosecutors, 
14 
City Prosecutors and their respective Deputies and Assistants and 
15 
Prosecution Attorneys who have the authority to prosecute crimes 
16 
within their respective jurisdictions. It shall also refer to the 
17 
Ombudsman, the Special Prosecutor, their Deputies and Assistants, 
18 
Graft Investigation 
and Prosecution Officers 
and 
Special 
19 
Prosecutors, in cases falling under the jurisdiction of the Ofice of 
20 
the Ombudsman. 
21 
(d) 
"Law enforcement officer" refers to officers and agents of 
22 
the Philippine National Police, National Bureau of Investigation, 
23 
Office of the Ombudsman, Philippine Drug Enforcement Agency, 
24 
Bureau of Immigration, Bureau of Customs, Anti-Money 
25 
Laundering Council, Securities and Exchange Commission, 
26 
Bureau of Internal Revenue, Philippine Coast Guard. and other 
27 
agencies which have the legal authority to enforce laws or 
28 
investigate the commission of crimes. 
4 


1 
(e) "Preliminary hearing" refers to the proceedings conducted before 
2 
the trial judge after a criminal information has been filed in court, 
3 
during which the complainant and the respondent present their 
4 
respective evidence to establish whether the case should proceed to 
5 
a full-blown criminal trial. 
6 
(f) "Trial Judge" refers to the judge m whose court a criminal 
7 
information is filed after the conclusion of the criminal 
8 
investigation. The Trial Judge will conduct the preliminary hearing 
9 
and thereafter decide whether the case will be dismissed or will 
10 
proceed to trial. 
11 
(g) 
"Prima facie evidence" refers to evidence which, if 
12 
unexplained or uncontradicted, is sufficient to sustain the 
13 
proposition it supports or to establish the facts. 
14 
(h) 
"Preponderance of evidence" refers to the standard of proof 
15 
where the evidence of one side is deemed by the court to be more 
16 
convincing, of more probative weight, and more worthy of belief, 
17 
than that which was offered in opposition to it. 
18 
(i) "Proof beyond reasonable doubt" refers to the standard of proof 
19 
which produces moral certainty, or that which produces conviction 
20 
in an unprejudiced mind. 
21 
SECTION 4. Criminal Investigation System; Principles. -
The 
22 
Criminal Investigation System shall be governed by the following 
23 
principles: 
24 
(a) 
The Criminal Investigation System shall be conducted in a 
25 
speedy, effective, efficient and economical manner, with a view to 
26 
facilitating the resolution of criminal cases, should they eventually 
27 
reach the courts, through the systematic and proper gathering of 
5 


1 
evidence and forensic data, and accurate determination of 
2 
perpetrators and their respective liabilities. 
3 
(b) 
The Criminal Investigation System shall be composed of the 
4 
criminal investigation stage and the preliminary hearing stage. 
5 
During both stages, the primary aim of the investigating prosecutor 
6 
and the trial judge is to determine whether there is sufficient 
7 
evidence establishing the commission of a crime and linking the 
8 
respondent to its commission, enough to justify the conduct of a 
9 
full-blown criminal trial. 
10 
(c) 
All criminal investigation shall be under the direct control 
11 
and supervision of an investigating prosecutor. Law enforcers shall 
12 
take guidance from and cooperate closely with the investigating 
13 
prosecutor in the process of conducting criminal investigations, 
14 
especially in matters concerning compliance with laws and rules of 
15 
procedure, evidence-gathering and case-build up and preparation. 
16 
(d) 
Upon the conclusion of a criminal investigation, the 
17 
investigating prosecutor shall determine whether there is prima 
18 
facie evidence that a crime has been committed, of which the 
19 
respondent is probably guilty and should consequently stand trial. 
20 
The investigating prosecutor, in making such a determination, shall 
21 
rely on the substance of the complaint or report, and the evidence 
22 
gathered during the criminal investigation stage. The conduct of a 
23 
criminal investigation is an executive function; it is neither judicial 
24 
nor quasi-judicial and is not adversarial in nature. 
25 
(e) 
Upon the filing of a criminal information, the trial judge to 
26 
whose court it was raffled shall conduct a preliminary hearing and 
27 
exert all effort to determine, by preponderance of evidence, 
28 
whether there is sufficient cause for the respondent to stand trial. 
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All remedies available to either parties at the preliminary hearing 
2 
stage may be availed of, but the trial judge should not grant the 
3 
same in a manner that would result in unnecessary delays. 
4 
(t) 
All preliminary hearings shall be adversarial in nature, with 
5 
the trial judge relying on the submissions, arguments and counter-
6 
arguments of the complainant and the respondent to arrive at a 
7 
decision. However, the trial judge may be allowed to take an active 
8 
part in the process and direct the course of the preliminary hearing 
9 
by employing inquisitorial measures such as ordering the oral 
10 
examination of witnesses or the production of additional evidence, 
11 
if the same will aid in the weighing of the merits of both parties' 
12 
evidence. 
13 
(g) 
Except when there is a clear showing of grave abuse of 
14 
discretion amounting to lack or excess of jurisdiction, the Criminal 
15 
Investigation System, at any stage, shall not be restrained or 
16 
enjoined by any court. 
17 
SECTION 5. Criminal Investigation; Initiation. -
A criminal 
18 
investigation may be initiated through the following modes: 
19 
(a) 
Upon a report received by law enforcement agency - a law 
20 
enforcement agency may receive reports of a crime from private 
21 
individuals and intelligence assets, or referrals/recommendations 
22 
from other government agencies. In such cases, the law 
23 
enforcement agency shall immediately coordination with an 
24 
investigating prosecutor to determine the course of the criminal 
25 
investigation. 
26 
(b) 
Upon the instance of an investigating prosecutor -
an 
27 
investigating prosecutor may initiate a criminal investigation in the 
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1 
following instances: (1) when a report or recommendation has 
2 
been received regarding the commission of a crime, and (2) when 
3 
such investigating prosecutor initiates an investigation to gather 
4 
evidence on high incident crimes and other identified priority 
5 
crimes and other identified priority crimes. In such cases, the 
6 
conduct and direction of the criminal investigation shall be 
7 
determined by the investigation prosecutor, with the assistance of 
8 
law enforcers. 
9 
( c) Upon the instance of an aggrieved party who files a criminal 
10 
complaint -
an aggrieved party may formally file a criminal 
11 
complaint in the prosecution office, accusing another person/s of 
12 
committing a crime. In such cases, the conduct and direction of the 
13 
criminal investigation shall be determined by the investigation 
14 
prosecutor, with the assistance of law enforcers. 
15 
SECTION 6. Criminal Investigation; Procedure.-
16 
(a)ln cases where no criminal complaint is filed and the criminal 
17 
investigation commences upon the instance of the law enforcer or 
18 
the investigation prosecutor, as provided in Section 5 (a) and (b) of 
19 
this Act, the following rules shall apply: 
20 
1. All reports of a crime received by a law enforcer shall 
21 
immediately be communicated to an investigating prosecutor, 
22 
who shall lead the criminal investigation and direct its 
23 
course, with the full cooperation and assistance of law 
24 
enforcers concerned. 
25 
2. If a report is received by an investigating prosecutor from 
26 
any other office or agency, or if the investigating prosecutor 
27 
initiates the investigating to gather evidence on high incident 
28 
crimes and other identified priority crimes, coordination with 
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1 
2 
3 
(b) 
the appropriate law enforcement agency shall be immediately 
established in order to commence the criminal investigation. 
In cases where a criminal complaint is filed and the criminal 
4 
investigation commences upon the instance of a private offended 
5 
party, as provided in Section 5 (c) of this Act, the following rules 
6 
shall apply: 
7 
1. The investigating prosecutor taking cognizance of a criminal 
8 
complaint shall ensure that the same contains: 
9 
a. A statement of facts constituting the crime; 
10 
b. An allegation of the commission of a crime, with reference to 
11 
the lawls allegedly violated; 
12 
c. The names of persons being accused, and their addresses; 
13 
d. The affidavits of witnesses; 
14 
e. Supporting doc.uments and other evidence relevant to the 
15 
cnme; 
16 
f. The signature of the complaint; and 
17 
g. The complainant's certification of non-forum shopping; 
18 
2. The complaint shall be sworn to by the complainant before the 
19 
investigating prosecutor, who shall certifY that the same 
20 
represents the complainant's voluntary act and was fully 
21 
understood by the complainant. 
22 
3. The investigating prosecutor shall immediately coordinate with 
23 
the appropriate law enforcement agency to enlist law enforcers 
24 
who shall lead the criminal investigation and direct its course, 
25 
with the full cooperation and assistance of law enforcers 
26 
concerned. 
27 
(c) 
The investigating prosecutor, as far as practicable, shall 
28 
immediately proceed to the scene of the crime in order to supervise 
9 


1 
the investigation and insure the compliance of all evidence-
2 
gathering techniques with applicable laws and rules, including 
3 
rules on chain of custody over evidence. 
4 
(d) 
During 
the 
criminal 
investigation, 
the 
investigating 
5 
prosecutor shall exercise the following powers: 
6 
1. Initiate, manage, and supervise all incidents of the criminal 
7 
investigation, in coordination with concerned law enforcers; 
8 
2. Perform all acts necessary to ensure the integrity of the criminal 
9 
investigation process and its compliance with relevant laws and 
10 
rules; 
11 
3. Take custody of and preserve all relevant evidence and ensure 
12 
the integrity of the chain of custody over evidence at all stages 
13 
of the criminal investigation; 
14 
4. Supervise 
intelligence-gathering, 
surveillance, 
and 
other 
15 
methods of investigation in relation to the crime; 
16 
5. Apply for warrants of arrest, searches and seizures, and such 
17 
other processes as may be necessary in the course of the 
18 
criminal investigation; and 
19 
6. Direct law enforcers to submit inventories, reports, findings, and 
20 
other documents in connection with the criminal investigation. 
21 
(e) 
During the criminal investigation, law enforcers shall 
22 
exercise the following powers: 
23 
1. Conduct investigations, surveillance, intelligence-gathering, 
24 
forensic 
examinations, 
and 
other 
criminal 
investigative 
25 
techniques under the authority of the investigating prosecutor 
26 
and pursuant to the criminal investigation plan; 
10 


1 
2. Recommend to the investigating prosecutor the application for 
2 
warrants of arrest or searches and seizures in the course from of 
3 
the criminal investigation; 
4 
3. Request for guidance and counsel from the investigating 
5 
prosecutor, especially on points of law and legal procedure; 
6 
4. Serve warrants of arrest or searches and seizures as issued by 
7 
the proper courts; 
8 
5. Locate and secure witnesses and procure their sworn statements 
9 
in connection with the crime being investigated; 
10 
6. Locate and secure object evidence related to the criminal 
11 
investigation, and turn over the same to the investigating 
12 
prosecutor consistent with chain of custody rules; and 
13 
7. Prepare and sign reports, inventories, and other papers necessary 
14 
for the documentation of the criminal investigation. The same 
15 
shall not be released to any third party except with the written 
16 
clearance of the investigating prosecutor. 
17 
(f) 
The investigating prosecutor shall determine whether the 
18 
criminal investigation should be terminated. Upon its termination, 
19 
the law enforcers concerned shall prepare affidavits, background 
20 
information of persons connected with the criminal investigation, 
21 
and other relevant facts to aid in the investigating prosecutor's 
22 
determination of a prima facie case. 
23 
(g) 
Within thirty (30) days from submission of the case file, the 
24 
investigating prosecutor shall determine, based on the case file, 
25 
whether there is a prima facie evidence that a crime has been 
26 
committed, warranting the filing of a criminal information against 
27 
the person or persons who appear to be criminally responsible for 
28 
the offense involved. 
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1 
(h) 
The findings of the investigating prosecutor shall be 
2 
contained in a Criminal Investigation Report. A Criminal 
3 
Investigation Report finding the existence of a prima facie 
4 
evidence of a crime shall include a criminal information naming 
5 
the person or persons to be accused and their respective crimes. 
6 
(i) 
The Criminal Investigation Report of an investigating 
7 
prosecutor shall be approved or disapproved by the head of the 
8 
prosecution office concerned. In case the Criminal Investigation 
9 
Report is disapproved, the head of the prosecution office may 
10 
reverse the findings of the investigating prosecutor and (1) proceed 
11 
to dismiss the case, or (2) direct the filing of the criminal 
12 
information in court, without need of further reinvestigation. The 
13 
final decision of approval or disapproval by the head of the 
14 
prosecution office shall be embodied in a Resolution. 
15 
G) 
If a criminal investigation results in the dismissal of the case, 
16 
the aggrieved party may seek reconsideration within five (5) days 
17 
from the promulgation of the Resolution. No further appeals shall 
18 
be available. 
19 
(k) 
If a criminal investigation results in the finding of prima 
20 
facie evidence, the criminal information/s shall be filed in court not 
21 
later than five (5) days from the promulgation of the Resolution. 
22 
SECTION 7. 
Preliminary Hearing: General Rules. -
The 
23 
following general rules shall apply to all preliminary hearings. 
24 
(a) 
No motion for reinvestigation shall be entertained at the stage 
25 
26 
of the preliminary hearing, except on the ground of newly-
discovered evidence. 
12 


1 
(b) 
During the preliminary hearing, the trial judge shall have the 
2 
3 
4 
power to issue compulsory processes, resolve preliminary legal 
issues that will not prejudice the case, and issue Hold Departure 
Orders, Temporary Restraining Orders, Freeze Orders and other 
5 
ancillary remedies. 
6 
(c) 
The preliminary hearing shall be summary in nature and shall 
7 
8 
9 
10 
11 
12 
13 
rely primarily on the written submissions, arguments, and 
counter-arguments of the parties, unless the trial judge, upon 
motion of either party or motu proprio, decides to take an active 
part in the proceedings by employing 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. 
14 
(d) 
Except for meritorious circumstances, preliminary hearings 
15 
shall be concluded within a maximum of three (3) trial settings, 
16 
but in no case longer than fifteen (15) days. 
17 
SECTION 8. Preliminary Hearing: Procedure. - Upon the filing 
18 
of the criminal information in the proper court, the following procedure 
19 
shall apply. 
20 
(a)The criminal information shall be raffled to a trial judge, who 
21 
shall promptly issue a subpoena to the complainant and the 
22 
respondent, ordering them to appear in court for the preliminary 
23 
hearing of the case. The respondent, together with the subpoena, 
24 
shall be furnished a copy of the criminal information, criminal 
25 
complaint, and its supporting documents (in cases where a 
26 
criminal complaint was filed), the Criminal Investigation Report 
27 
and the Resolution. 
13 


1 
(b) 
The complainant shall be represented by the investigating 
2 
prosecutor, who shall present the case of the complainant to the 
3 
trial judge with reference to the criminal complaint and its 
4 
supporting documents, the Criminal Investigation Report, the 
5 
Resolution, and such other relevant documents as may assists 
6 
the trial judge. 
7 
(c) 
The respondent shall be represented by counsel and given the 
8 
opportunity to interpose a defense. The respondent shall file a 
9 
Counter-Affidavit which shall contain all the substance of the 
10 
defense, together with the affidavits of witnesses and such other 
11 
supporting documents as may be necessary to establish the case. 
12 
(d) 
If a subpoena is returned unserved or if, despite due notice, 
13 
the respondent fails to appear in court, the trial judge shall issue 
14 
an order of default and proceed with the preliminary hearing ex 
15 
parte, receiving only the evidence adduced by the prosecution. 
16 
However, even in ex parte preliminary hearings, the trial judge 
17 
may motu proprio order the prosecution to present witnesses for 
18 
oral examination by the trial judge or produce additional 
19 
documentary evidence to aid the trial judge's determination. 
20 
( e) 
Upon termination of the preliminary hearing, the trial judge 
21 
shall have five (5) days to determine, using the standard of 
22 
preponderance of evidence, whether there is sufficient cause for 
23 
the respondent to stand trial. If no such sufficient cause is found, 
24 
the case shall be dismissed. Otherwise, the trial judge shall 
25 
order that the case proceed to trial, and issue a warrant of arrest 
26 
against the respondent, if proper. 
14 


1 
(1) Either party may request reconsideration of the decision of the 
2 
trial judge within five (5) days from its promulgation. No 
3 
further appeals shall be available. 
4 
SECTION 9. Implementing Rules and Regulations. - Within sixty 
5 
(60) days from the promulgation of this Act, an inter-agency committee 
6 
composed of the Supreme Court, Department of Justice and law 
7 
enforcement agencies shall issue implementing rules and regulations to 
8 
govern the implementation of this Act. 
9 
SECTION 10. Separability Clause. - If any provision of this Act 
10 
shall be declared unconstitutional, any other provision not affected 
11 
thereby shall remain in full force and effect. 
12 
SECTION 11. Repealing Clause. -
Republic Act No. 5180, 
13 
Presidential Decree No. 77, and Presidential Decree No. 911 are hereby 
14 
repealed. All other laws, decrees, orders, rules and regulations or parts 
15 
thereof inconsistent with this Act are hereby repealed or modified 
16 
accordingly. 
17 
SECTION 12. Effectivity. - This Act shall take effect within 
18 
fifteen (15) days after its publication in at least two (2) newspapers of 
19 
general circulation. 
20 
21 
Approved, 
22 
15