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Republic of the Philippines Pines S
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
EIGHTEENTH CONGRESS
First Regular Session
House Bill No. 521

Introduced by DIWA Party-list Representative Hon. Michael Edgar Y. Aglipay

EXPLANATORY NOTE

Justice delayed is justice denied, and the sad fact is that the sheer number of cases filed
in the country results in just such a denial of justice, even at the very first stage of the process.
‘The fact that there can at times be confusion with regard to the exact responsibilities of the
prosecutor and law enforcement during the initial investigation can lead to even more delays
and frustration, even on part of the most diligent and well-meaning of public officials.

To this end, this bill, a re-filing of House Bill 775 of DIWA Party-list filed during the
17" Congress, with some changes on the criminal investigation procedure, seeks to provide a
streamlined and rationalized criminal investigation process which harmonizes and integrates
the functions of the investigating law enforcer and the investigating prosecutor in criminal
investigations, as well as the role of the judge during the preliminary hearing.

 AGLIPAY
Representative, DIWA Party-list

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _32 1

Introduced by DIWA Party-list Representative Hon. Michael Edgar Y. Aglipay

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 Republic of the Philippines in Congress
assembled:

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

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. -

(@) “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.

(6) “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 should be filed in court.

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(©) “Investigating prosecutor” refers to the Prosecutor General, Regional Prosecutors,
State Prosecutors, Provincial Prosecutors, City Prosecutors and their respective
Deputies and Assistants and Prosecution Attomeys 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.

(@) “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 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.

(©) “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

(© “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

(©) Alll 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.

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(@) 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.

(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 should 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. 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 of enjoined by any court.

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

(a) Upona 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

(c) Upon the instance ofan 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.

SECTION 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 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 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;
. The names of persons being accused, and their addresses;
d. The affidavits of witnesses:
e. Supporting documents and other evidence relevant to the crime:
£. The signature of the complainant;
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 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
concemed.

(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:

1. Initiate, manage and supervise all incidents of the criminal investigation, in
coordination with concerned law enforcers:

2, Perform all acts necessary to ensure the integrity of the criminal 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 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 swom statements in connection with
the crime being investigated:

6. Locate and secure object evidence related to the criminal investigation, and tum
over the same to the investigating prosecutor consistent with chain of custody
rules. As much as possible, photographic or video recordings of object evidence
must be taken by law enforcers, and the digital files that contain such information
must be stored in at least two separate computers; 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.

(f 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 ot 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.

(i) 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)

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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; provided, that a disapproval of
the report must contain an explanation of such disapproval by the head of the
prosecution office.

(@ Ifa 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'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 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 iegal 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

(a) 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.

(©) 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

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the defense, together with the affidavits of witnesses and such other supporting
documents as may be necessary to establish the case

(d) If. 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 motu proprio
order the prosecution to present witnesses for oral 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.

(f 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,

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