Preliminary Investigation Process in the Philippines: A Step-by-Step Guide
A preliminary investigation in the Philippines is a safeguard designed to ensure that only cases with sufficient basis move forward to trial. It is not itself a trial, but an inquiry into whether the complaint is supported by evidence strong enough to justify filing charges in court. Traditionally governed by Rule 112 of the Rules of Court, it has long been anchored on the constitutional right to due process under Article III, Section 14 of the 1987 Constitution.
Under the new DOJ Rules on Preliminary Investigation (Department Circular No. 015, effective July 31, 2024), the evidentiary threshold has shifted. Instead of merely determining probable cause—which required only a well-founded belief that a crime has been committed and the respondent is probably guilty—the standard now demands “reasonable certainty of conviction.” This means the complaint must be supported by prima facie evidence that, if left uncontested, would likely be sufficient to secure a conviction in court. The standard is more rigorous than probable cause, but still lower than the “moral certainty” required to convict at trial.
The process generally begins with the filing of a complaint-affidavit, supported by documents and witness statements. The prosecutor then issues a subpoena to the respondent, who is given ten days to submit a counter-affidavit and evidence. The complainant may reply, and the respondent may file a rejoinder, though these are not always mandatory. If needed, the prosecutor may call a clarificatory hearing. At the close of submissions, the prosecutor issues a resolution either directing the filing of an information in court or dismissing the complaint.
Parties may seek reconsideration of the resolution before the same office, or elevate the matter to the DOJ or, in some cases, to the Office of the President. What guides the prosecutor’s decision under the new rules is no longer the mere existence of probable cause, but whether the evidence presented provides a reasonable certainty that the case can be successfully prosecuted.
This stricter evidentiary bar protects the rights of respondents from weak or unfounded cases, while ensuring that only well-built complaints proceed to court. For complainants, this means presenting stronger documentary and testimonial evidence at the outset. For respondents, it underscores the importance of carefully preparing counter-affidavits and not ignoring subpoenas.
The preliminary investigation remains a cornerstone of the Philippine criminal justice system. But with the shift to “reasonable certainty of conviction,” it now carries an even greater responsibility for both prosecutors and parties to build or defend cases with thoroughness and credibility from the very beginning.
If you need assistance in drafting affidavits or preparing for a preliminary investigation, MJM Law & Partners is ready to provide expert legal support with clarity, strategy, and results.
Atty. Mark Joseph Morales, CPA, MBA, JD
Founder and Managing Partner, MJM Law & Partners
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