Question & AnswerQ&A (Republic Act No. 5180)
Republic Act No. 5180 prescribes a uniform system of preliminary investigation by provincial and city fiscals and their assistants, and by state attorneys or their assistants.
Provincial or city fiscals and their assistants, or state attorneys and their assistants, can conduct preliminary investigations.
No, except when an investigation has been conducted by a judge of first instance, city or municipal judge or other officer in accordance with law and the Rules of Court, an information cannot be filed without a preliminary investigation.
The accused has the right to be heard, to cross-examine the complainant and his witnesses, and to adduce evidence in his favor.
If the accused cannot be subpoenaed or does not appear after being subpoenaed, the investigation shall proceed without him.
They must submit their testimonies in affidavit form duly sworn before the investigating fiscal or state attorney, which constitutes their testimony on direct examination.
Yes, the affidavits are subject to cross-examination by the accused or his counsel.
Yes, the accused and his witnesses must submit their testimonies in affidavit form duly sworn, which are also subject to cross-examination by the complainant or his counsel.
They shall help both the complainant and the accused and their witnesses in the preparation and execution of their affidavits if requested.
No, an assistant fiscal or state attorney may only file an information with the prior authority or approval of the city or provincial fiscal or state attorney and only in cases they themselves investigated.
It states that the provisions of Section Fifteen, Rule 112 of the New Rules of Court of the Philippines, shall be observed in the investigations of persons in custody.
They are repealed as inconsistent with the provisions of RA 5180.
It took effect upon its approval on September 8, 1967.