In the Philippine legal system, "harassment" often falls under specific statutes such as Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995), Republic Act No. 9262 (Anti-Violence Against Women and Their Children Act of 2004), or Republic Act No. 11313 (Safe Spaces Act). When a criminal complaint for these offenses is filed, it typically undergoes a Preliminary Investigation (PI).
This stage is a crucial inquiry held by public prosecutors to determine whether there is "sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial."
Phase 1: Filing and Initial Evaluation
The process begins when the complainant (the offended party) files a sworn complaint-affidavit, supported by the affidavits of witnesses and other documentary evidence, before the Office of the City or Provincial Prosecutor.
- Initial Review: Upon filing, the investigating officer has ten (10) days to examine the complaint.
- Dismissal or Proceeding: If the prosecutor finds no ground to continue, the case may be dismissed outright. If a prima facie case is established, the investigation proceeds to the issuance of a subpoena.
Phase 2: Issuance of Subpoena and Counter-Affidavit
The subpoena is the formal order requiring the respondent to appear and submit their defense.
- Issuance of Subpoena: Within the same ten (10) day period from filing, if the prosecutor sees merit, they will issue a subpoena to the respondent. This is accompanied by a copy of the complaint and supporting evidence.
- Submission of Counter-Affidavit: The respondent is required to submit a counter-affidavit and the affidavits of their witnesses within ten (10) days from receipt of the subpoena.
- Prohibition of Motions to Dismiss: Under the Revised Rules of Criminal Procedure, a respondent cannot file a motion to dismiss in lieu of a counter-affidavit. They must address the allegations directly in their sworn statement.
Phase 3: The Reply and Rejoinder (Optional)
While not always mandatory, the prosecutor may allow further filings to clarify specific points of contention.
- Reply-Affidavit: If the respondent raises new defenses or facts in their counter-affidavit, the complainant may be given a period (usually five to ten days) to file a Reply-Affidavit.
- Rejoinder: Consequently, the respondent may be permitted a similar period to file a Rejoinder to address the points in the Reply.
Phase 4: Clarificatory Hearing
The prosecutor may set a clarificatory hearing if there are facts that need further eludication.
- Nature of the Hearing: This is not a full-blown trial. There is no cross-examination by the parties' lawyers. Instead, the prosecutor asks the questions.
- Timeline: This is generally set within ten (10) days after the submission of the last affidavit or the expiration of the period for filing.
Phase 5: Resolution
Once the records are complete, the case is deemed submitted for resolution.
- The Ruling: The investigating prosecutor must determine within ten (10) days (or longer for complex cases, subject to office guidelines) whether there is Probable Cause.
- Approval: The investigating prosecutor’s resolution is not final until it is reviewed and approved by the City or Provincial Prosecutor.
- Possible Outcomes:
- Information: If probable cause is found, a formal "Information" (the criminal charge) is filed in the appropriate court.
- Dismissal: If no probable cause is found, the complaint is dismissed.
Summary Table of Standard Periods
| Stage | Prescribed Period |
|---|---|
| Initial Evaluation | Within 10 days of filing |
| Issuance of Subpoena | Within 10 days of filing (if not dismissed) |
| Respondent's Counter-Affidavit | Within 10 days from receipt of subpoena |
| Reply / Rejoinder | Usually 5–10 days each (if permitted) |
| Clarificatory Hearing | Within 10 days after last filing |
| Resolution of Case | Within 10 days after investigation closes |
Important Procedural Notes
- Failure to Submit Counter-Affidavit: If the respondent fails to submit their counter-affidavit within the 10-day period, the investigating officer shall resolve the complaint based solely on the evidence presented by the complainant.
- Extension of Time: While the rules provide strict timelines, prosecutors may grant a single, non-extendible motion for extension of time (usually 5 to 10 days) to file a counter-affidavit, provided there are compelling reasons.
- Administrative vs. Criminal: In harassment cases occurring in the workplace or education sector, an administrative investigation by a Committee on Decorum and Investigation (CODI) often runs parallel to the criminal preliminary investigation. These two processes have different timelines and standards of proof.