All ▸ Bar 2024 ▸ REMEDIAL LAW, LEGAL AND JUDICIAL ETHICS ▸ VI. CRIMINAL PROCEDURE ▸ D. Preliminary Investigation (Rule 112) ▸ 1. Authorized Officers, Determination of Probable Cause - Sections 2-4

Question

Subject: D. Preliminary Investigation (Rule 112)

Topic: Authorized Officers, Determination of Probable Cause - Sections 2-4

Scenario:

John, a business owner, files a complaint against his former employee, Mark, for theft. The complaint alleges that Mark stole company funds amounting to Php 1 million. The complaint is filed with the police station, and the investigator assigned to the case conducts a preliminary investigation to determine whether there is probable cause to file a criminal case against Mark.

Based on the given scenario, answer the following questions:

Who are the authorized officers who can conduct a preliminary investigation in this case? Discuss each officer's authority, duties, and limitations. (Section 2)
What is meant by "probable cause" and how is it determined in a preliminary investigation? Discuss the factors that investigators consider in determining probable cause. (Section 3)
Discuss the procedure and requirements for the issuance of a warrant of arrest based on the determination of probable cause in a preliminary investigation. (Section 4)

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