2. Who May Conduct (RA 10071)

Officers Authorized To Conduct Preliminary Investigation

• Provincial or City Prosecutor and their assistants
• National and Regional State Prosecutors
• Such other officers as may be authorized by law such as the COMELEC, Ombudsman and PCGG (Rule 112, Sec. 2).

NOTE: Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective territorial jurisdictions. (As amended by A.M. No. 05-8-26-SC, effective October 3, 2005)

Who may conduct

All judges who have undergone orientation in JDR procedures and completed their training in mediation, conciliation and neutral evaluation, are authorized to conduct JDR proceedings.

Note: The judge to whom the case has been originally raffled, who shall be called the JDR Judge, shall preside over the first stage - from the filing of a complaint to the conduct of CAM and JDR during the pre-trial stage. The judge, who shall be called the trial judge, shall preside over the second stage - pre-trial proper to trial and judgment

Who may conduct preliminary investigation

• Ombudsman Investigators;
• Special Prosecuting Officers;
• Deputized Prosecutors;
• Investigating Officials authorized by law to conduct preliminary investigations; or
• Lawyers in the government service, so designated by the Ombudsman

(Rule II, Sec. 3, Rules of Procedure of the Office of the Ombudsman)

The Office of the Special Prosecutor shall, under the supervision and control and upon the authority of the of the Ombudsman, have the power to conduct preliminary investigation and prosecute criminal cases within the jurisdiction of the Sandiganbayan. (Sec. 11, R.A. 6770)