Republic of the Philippines js
HOUSE OF REPRESENTATIVES || 3.0-JUL 2013
Quezon City \ oo ae oP

SIXTEENTH CONGRESS \
First Regular Session

HOUSE BILLNO,__2032

Introduced by HON. NIEL “JUNJUN” C. TUPAS, JR.
5" District, Hoilo

EXPLANATORY NOTE

The administration of the criminal justice system in the country has always been
regarded as one of the weakest links in the country’s development. Despite various
reform programs implemented over the years, there is still widespread public perception
that the process of investigating, prosecuting and litigating crimes in the country
continues to suffer from unreasonable delays, mishandling and systemic inefficiency.

Measures adopted to speed up the criminal justice process, however, have tended
to place much emphasis on its perceived major bottleneck ~ the courts. However, if one
subscribes to a holistic view of the criminal justice system — one which regards the entire
system as a coherent, interactive whole rather than a mere sum of disjointed parts — it will
be found that reforms can likewise be implemented at the front end of the system: the
stage of criminal investigation.

It cannot be disputed that enhancing and improving the process of conducting
criminal investigations will result in more effective and efficient prosecution of criminal
cases. Improved evidence-gathering and case build-up generates air-tight cases that are
filed in court, which have a high probability of securing convictions. Thus, improving the
criminal investigation system in the country will benefit not only the law enforcement,
prosecution and public defense, but also the rest of the criminal justice system. A solid
case ~ one which has ample support on the evidence and the law — speeds up the trial
process and produces results that is close to the ideals of justice.

This Bill seeks to strengthen, streamline and rationalize the criminal investigation
process in the country by instituting the following major reforms:

First, this Bill will harmonize and integrate the functions of the investigating law
enforcer and the investigating prosecutor in criminal investigations. Presently,
investigating prosecutors, despite being part of the Executive Branch of government, are
forced to assume the role of a judge in determining the merits of a criminal complaint, As
a result, investigating prosecutors have to maintain a neutral stance and work behind a
virtual firewall from police and investigation officers, in order not to pre-judge the case
It is high time we adopt the system and best practices currently in force in various
jurisdictions all over the world where law enforcers and prosecutors work hand-in-hand
in investigating a crime, By 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. This setup will also eliminate issues on custody over
evidence, because the fusion of the law enforcement and prosecution’s roles will make


the handling of evidence during the investigation stage more systematic. Furthermore, the
supervision of law enforcers by prosecutors will lessen opportunities for abuse and
lapses.

Second, this Bill will repeal Republic Act No. 5180, the law which presently
governs the conduct of preliminary investigations. Preliminary investigation shall no
longer be conducted at the level of the prosecution offices. Investigating prosecutors,
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 a prima facie case to elevate the case to court, Upon filing
in court, the case shall be set for a preliminary hearing before the trial judge, during
which the respondent shall be given the opportunity to present countervailing evidence.
If, based on the standard of preponderance of evidence, the trial judge determines that the
case has merit, the same shall proceed to be litigated in a full-blown trial, Otherwise, the
case shall be summarily dismissed,

Ultimately, this Bill seeks to streamline the criminal investigation process by
providing only two simple steps: (1) the criminal investigation, 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 shall be made by the investigating prosecutor without need of adversarial
proceedings; and (2) the preliminary hearing, 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 elimination of bureaucratic layers and opportunities by parties to avail of
dilatory remedies will make the conduct of criminal investigations more simple, speedy
and efficient, to the benefit of the entire criminal justice system.

Considering all the foregoing, approval of this bill is earnestly sought.

NIEW “JUNJUN” PAS,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILLNo,___ 2032

Introduced by HON. NIEL “JUNJUN” CG, TUPAS, JR.
5" District, Hoilo

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 INVESTIGATION BY PROVINCIAL AND CITY FISCALS
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.

SECTION 1. Short Title. This Act shall be known as the Criminal
Investigation Act of 2013

SECTION 2. Declaration of Policy. ~ It is hereby declared the policy of the State
to ensure the speedy, effective, efficient and economical conduct of criminal
investigations by enhancing the cooperation and coordination of law enforcement and
prosecution agencies, streamlining the process of determining which criminal complaints
should proceed to trial and eliminating bureaucratic layers which cause undue delays in
the criminal justice process.

SECTION 3. Definition of Terms.

(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

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evidence is gathered, with a view to determining whether a crime has been
committed and whether a criminal information should be filed in court.

(© “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, Office of the Ombudsman, Philippine
Drug Enforcement Agency, Bureau of Immigration, Bureau of Customs, Anti-

Money Laundering Council, Securities and Exchange Commi

on, Bureau of
Internal Revenue, Philippine Coast Guard and other agencies which have the legal
authority to enforce laws or investigate the commission of crimes,

(©) “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.

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

(©) All criminal investigations shall be under the direct control and supervision of an
investigating prosecutor. Law enforcers shall 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 consequently 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.

(@) 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 should not grant the same in a manner that
would result in unnecessary delays.

() 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. However, 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 the same will aid in the
weighing of the merits of both parties’ evidence.

(g) 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.

SECTION 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, or

referrals/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 in the following instances: (1) when a report
or recommendation has been received regarding the commission of a crime, and
(2) when such investigating prosecutor initiates an investigation to gather evidence
on high incident crimes and other identified priority crimes. In such cases, the
conduct and direction of the criminal investigation shall be determined by the
investigating prosecutor, with the assistance of law enforcers.

(© 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/s 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.

SE

"TION 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) and (b) 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 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 contain

b.

d.

8B

a statement of facts constituting the crime

an allegation of the commission of a crime, with reference to the law/s
allegedly violated

the names of persons being accused, and their addresses.

the affidavits of witnesses:

supporting documents and other evidence relevant to the crime

the signature of the complainant

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 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

law enforcers 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) During the criminal inve:

ation, the investigating prosecutor shall exercise the
following powers:
|. Initiate, manage and supervise all incidents of the criminal investigation, in

coordination with concerned law enforcers;

v

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 alll 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:

1. Conduct investigations, surveillance, _ intelligence-gathering, forensic
examinations 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

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.

() The investigating prosecutor shall determine whether the criminal investigation
should be terminated. Upon its termination, the law enforcers 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.

(g) 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 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.

() 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.

(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) If a criminal investigation results in the finding of prima facie evidence, the
criminal information/s will be filed in court no later than five (5) days from the

promulgation of the Resolution.

SECTION 7. Preliminary Hearing; General rules. —’The following general rules
shall apply to all preliminary hearings

(a) No motion for reinyestigation 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 will not prejudice
the case, and issue Hold Departure Orders, Temporary Restraining Orders,
Freeze Orders and other ancillary remedies.

() The preliminary hearing shall be summary in nature and shall 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 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


(d) Except for meritorious circumstances, preliminary hearings shall be concluded
within a maximum of three (3) trial settings, but in no case longer than fifteen
(15) days,

SECTION 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.

(4) 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. However, even in ex parte preliminary hearings, the trial judge

may moiu proprio order the prosecution to present witnesses for oral

10


examination by the trial judge or produce additional documentary evidence to
aid the trial judge’s determination.
(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 such 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 five (5) days from its promulgation. No further appeals shall be
available.

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

SECTION 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.

SECTION 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.

SECTION 12. Effectivity. — This Act shall take effect within fifteen (15) days

after its publication in at least two (2) newspapers of general circulation

Approved,

a