Remedy of a Person Arrested Without a Warrant and Wants a Preliminary Investigation

WHAT IS THE REMEDY OF THE PERSON ARRESTED WITHOUT WARRANT IF HE WANTS A PRELIMINARY INVESTIGATION?

> Before the complaint or information is filed, he may ask for a preliminary investigation provided he signs a waiver of his rights under Article 125 of the RPC (Delay in the Delivery to Judicial Authorities) in the presence of counsel

o He may still apply for bail in spite of the waiver

o The investigation must be terminated within 15 days

> After the complaint was filed but before arraignment, the accused may within 5 days from the time he learns of the filing, ask for a preliminary investigation

WHAT IS THE REMEDY OF THE PERSON ARRESTED WITHOUT WARRANT IF HE WANTS A PRELIMINARY INVESTIGATION?

o He may still apply for bail in spite of the waiver

o The investigation must be terminated within 15 days

> After the complaint was filed but before arraignment, the accused may within 5 days from the time he learns of the filing, ask for a preliminary investigation

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