Preliminary Investigation Remedies

Sure! Here are more details on the remedies:
- Motion to Quash the Information: This is a request to invalidate the charge due to the lack of a preliminary investigation. It can be filed before arraignment.
- Motion for Reinvestigation: This asks the court to require the prosecutor to conduct a preliminary investigation. The court may grant this if it finds merit in the request.
- Petition for Review with DOJ: This involves asking the DOJ to review the case and decide whether a preliminary investigation should be conducted. This is typically filed within 15 days from the receipt of the resolution.
Do you need help with filing any of these motions?

Yes, the accused can file a Motion to Quash based on insufficiency of evidence. Under the Revised Rules of Criminal Procedure in the Philippines, one of the grounds for a Motion to Quash is that the facts charged do not constitute an offense. This implies that if the evidence is insufficient to establish probable cause, the motion can be filed.
Do you need more specific information on how to file a Motion to Quash?

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To file a Motion to Quash based on insufficiency of evidence, you need to:
- Draft the motion citing the specific grounds.
- Attach any supporting documents.
- File the motion before arraignment.
- Serve copies to the prosecution and the court.
Would you need guidance on drafting the motion?

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An arrest is the act of apprehending and taking a person into custody, typically because they are suspected of committing a crime. This can be done by law enforcement officers who have a warrant or have probable cause to believe the person has committed a crime.
Do you have any specific concerns about an arrest that you need help with?

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An arrest is the act of apprehending and taking a person into custody, usually because the person has been suspected of committing or is accused of a crime. It involves the legal authority to detain the individual.
Do you have any specific concerns or questions related to an arrest?

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An arrest without a warrant is lawful in the Philippines under the following circumstances:
- When the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
- When an offense has just been committed and the arresting officer has personal knowledge of facts indicating that the person to be arrested has committed it.
- When the person to be arrested is an escapee from a penal institution or jail.
Do you have more questions about arrests?