Flashcards Studio

Define the nature and purpose of the preliminary investigation under Rule 112 of the Rules of Court. In the following scenario, evaluate whether the preliminary investigation complied with its nature and purpose and whether there is probable cause to file an information: A private foundation's program officer is accused by the foundation's board chair of malversation of public funds through ghost disbursements. The prosecutor conducts a two-day preliminary investigation. The evidentiary materials presented are the complainant's sworn statement and a police report listing several irregular disbursements; the actual disbursement vouchers, ledgers, receipts, bank statements are not produced. The accused was not summoned and did not appear or present evidence. After the proceedings, the prosecutor resolves to dismiss the case for lack of probable cause. (a) State whether there is probable cause to file an information, with reasons. (b) Discuss whether the proceedings respected the nature and purpose of the preliminary investigation. (c) If due process concerns arise, identify the remedies.