LEGAL NOTE 0073: WHAT IS PRELIMINARY INVESTIGATION?

We need not over-emphasize that in a preliminary investigation, the public prosecutor merely determines whether there is probable cause or sufficient ground to engender a well-founded belief that a crime has been committed, and that the respondent is probably guilty thereof and should be held for trial.  In a preliminary investigation, a full and exhaustive presentation of the parties’ evidence is not required, but only such as may engender a well-grounded belief that an offense has been committed and that the accused is probably guilty thereof.  Certainly, it does not involve the determination of whether or not there is evidence beyond reasonable doubt pointing to the guilt of the person.  Only prima facie evidence is required; or that which is, on its face, good and sufficient to establish a given fact, or the group or chain of facts constituting the party’s claim or defense; and which, if not rebutted or contradicted, will remain sufficient.  Therefore, matters of evidence, such as who are the conspirators, are more appropriately presented and heard during the trial.

SOURCE: GEORGE MILLER VS. SECRETARY HERNANDO B. PEREZ, IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF JUSTICE AND GIOVAN BERNARDINO ( G.R. NO. 165412, 30 MAY 2011, VILLARAMA, JR., J) SUBJECTS: PROBABLE CAUSE; PRELIMINARY INVESTIGATION. (BRIEF TITLE: MILLER VS. SEC. PEREZ)