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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

Subject: D. Preliminary Investigation (Rule 112)

2. Cases Not Requiring Preliminary Investigation - Section 1

Below are scenarios involving cases that do not require preliminary investigation. Answer the question based on the given scenario.

  1. Scenario 1:
  2. John, a police officer, catches Peter in the act of stealing a valuable item from a store. The store owner opts to immediately file a complaint against Peter for theft. Is preliminary investigation required in this case?

  3. Scenario 2:
  4. Mary files a complaint against Mark for physical assault. After conducting an initial investigation, the prosecutor finds sufficient evidence to indict Mark for the crime. Is preliminary investigation required in this case?

  5. Scenario 3:
  6. Anna, a barangay captain, receives a report about an alleged violation of a local ordinance committed by Tim. Without conducting a preliminary investigation, Anna files a complaint against Tim for the said violation. Is preliminary investigation required in this case?




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Bar Review Question: Subject: D. Preliminary Investigation (Rule 112) 2. Cases Not Requiring Preliminary Investigation -