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Cases Not Requiring Preliminary Investigation


Section 8. Records

An information or complaint filed in court shall be supported by the
affidavits and counter-affidavits of the parties and their witnesses,
together with the other supporting evidence and the resolution on the
case.

Records of the preliminary investigation shall NOT automatically form
part of the records of the case. Courts are not compelled to take
judicial notice thereof. It must be introduced as evidence.


Section 9. Cases not requiring preliminary investigation nor covered by 
the Rule on Summary Procedure

Cases where the punishment does not exceed 4 years 2 months and 1 day.

PROCEDURE TO BE FOLLOWED:
a. Evaluate the evidence presented;
b. Conduct searching questions or answers;
c. Require the submission of additional evidence.

For cases under the Revised Rules on Summary Procedure, no warrant
shall be issued except where the accused fails to appear after being
summoned.

CONDITIONS FOR THE ISSUANCE OF WARRANT OF ARREST:
1. Must examine in writing and under oath the complainant and his
   witnesses by searching questions and answers.
2. Be satisfied that a probable cause exists.
3. That there is a need to place respondent under immediate custody in
   order not to frustrate the ends of justice.





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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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