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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSVI. CRIMINAL PROCEDURED. Preliminary Investigation (Rule 112)2. Cases Not Requiring Preliminary Investigation - Section 1

Question

D. Preliminary Investigation (Rule 112)

Discuss the cases not requiring preliminary investigation under Section 1 of Rule 112 of the Revised Rules of Criminal Procedure. After conducting an initial investigation, Prosecutor Z was confronted with the following situations:

  1. An offense punishable by imprisonment of less than 4 years, such as slight physical injuries
  2. A criminal complaint involving theft, where the value of the stolen property is less than Php 22,000
  3. A violation of a local ordinance committed in the presence of a law enforcement officer
  4. An offense committed as a result of a vehicular accident where no person sustained physical injuries
  5. A violation of B.P. Blg. 22 or the Bouncing Check Law

Based on the given scenarios, which of these cases would not require preliminary investigation? State the legal basis for your answer.




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