Rule 112

Preliminary investigation in the Philippines

Preliminary investigation determines probable cause before information is filed for offenses cognizable by the RTC (and other covered cases).

When required

Rule 112 Sec. 1 — generally for offenses where the penalty is at least 4 years 2 months 1 day without regard to fine.

Respondent submits counter-affidavit and evidence within 10 days from receipt of subpoena (Rule 112 Sec. 3(c)).

Prosecutor resolves; review/petition avenues depend on the forum (e.g. DOJ, Rule 65).

Last reviewed November 9, 2026. Laws, rules and Bar Bulletins change; if a source above has been amended or superseded, the official text controls.

Miss the 10 days?

You may be deemed to have waived submission; investigating officer may resolve on complainant’s evidence.

Lawyer?

Strongly advisable.

ocoai?

Counter-affidavit builder + reglementary calculator.