Mar 281 min read

SC to remove trial court’s authority to conduct preliminary probe

Updated: Apr 10

The Supreme Court is set to amend the Rules of Court to remove the authority of trial court officers to conduct a preliminary investigation (PI) in determining probable cause to warrant a person’s arrest.

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Justice Undersecretary Raul Vasquez said on Monday that the amendment would create a “new paradigm” in which the PI becomes the “sole and exclusive domain” of the Department of Justice (DOJ).

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Under Rule 112 of the Rules of Court, PI determines whether there is probable cause for an accused to undergo trial.

During the launch of the Dagupan City Justice Zone, Justice Undersecretary Raul Vasquez said the Supreme Court is set to amend Rule 112 of the Rules of Court by removing preliminary investigation, which means that the court will immediately hold a trial following the filing of an information.

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“Ah, mapapabilis dahil 'yan ay wala na 'yung tinatawag na motion for judicial determination of probable cause... Pagkatapos ng preliminary investigation, trial na,” Vasquez said in an ambush interview.

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