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When Accused Lawfully Arrested Without Warrant


Section 7.

GENERAL RULE:
   - No complaint or information shall be filed for an offense which is
     penalized by imprisonment of not less than 4 years, 2 months and 1
     day without PI.

        EXCEPTION:
           - When the accused has been lawfully arrested without
             warrant, in which case, an inquest must be conducted by
             an inquest prosecutor who will determine whether his arrest
             without warrant is lawful. The inquest prosecutor may order
             the release of the arrested person if he finds no sufficient
             ground to hold him without prejudice to conducting further
             investigation, or file complaint or information within
             the period specified in Art. 125 of the RPC.

In case a person is arrested without a warrant, a complaint or information
may only be filed after an inquest conducted in accordance with
existing rules.

Provided: that in the absence or unavailability of an inquest prosecutor,
the complaint may be filed by the offended party or a peace officer
directly with the proper court on the basis of the affidavit of the
offended party or arresting officer or person.

Before the filing of a complaint or information, the person arrested
without a warrant may ask for a preliminary investigation by a proper
officer, but he must sign a waiver of the provisions of Art. 125 of the
RPC.

If the accused allows himself to be arraigned without asking for a
preliminary investigation, he is deemed to have waived the right to
such PI.

When the complaint or information was filed without PI, the accused may,
within 5 days from the time he learns of the filing of the information
ask for a preliminary investigation with the same right to adduce evidence
in his favor in the manner prescribed in this Rule.

NOTE: The 5 –day period is MANDATORY, failure to file the motion within
the said period amounts to a waiver of the right to ask for preliminary
investigation.

Where the information was amended without a new PI having been conducted,
the 5-day period is computed from the time the accused learns of the
filing of said amended information.

Where the trial court has granted a motion for reinvestigation, it must
hold in abeyance the arraignment and trial of the accused until the
prosecutor shall have conducted and made a report on the result of the
reinvestigation.

Right to Bail Pending Preliminary Investigation
   - A person lawfully arrested may post bail before the filing of the
     information or even after the filing without waiving his right to
     PI, provided that he asks for a PI by the proper officer within
     the period fixed in the said rule. (People v. Court of Appeals,
     May 29, 1995).












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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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