DEPARTMENT OF JUSTICE
National Prosecution Service
MANUAL FOR PROSECUTORS TABLE OF CONTENTS PAGE FOREWORD ACKNOWLEDGEMENT
PART I. PROSECUTION OF OFFENSES Sec. 1. Criminal Action 1
Sec. 2. How and Where Commenced 1
Sec. 3. Complaint 1
Sec. 4. Offended Party, Defined 1
Sec. 5. Information 1
Sec. 6. Sufficiency of complaint or information. 2 Sec. 7. Other Essential Matters to be alleged in
Complaint or Information 2
Sec. 8. Additional Contents of a Complaint 2 Sec. 9. Name of Accused 2
Sec. 10. Designation of Offense 2
Sec.11. Cause of Accusation 3 Sec. 12. Place of the Commission of Offense 3 Sec. 13. Time of Commission of Offense 3 Sec. 14. Title of Complaint or Information . .3
Sec. 15. Contents of Caption of an Information 3 Sec. 16. List of Prosecution Witnesses . .3
Sec. 17. Number of Offenses Charged 4
Sec. 18. Amendment of Information or Complaint . 4 Sec. 19. Mistake in Form and Substance 4
and Interrupted 4
PART II. INQUEST Sec. 1. Concept
Sec. 2 Designation of Inquest Officer Sec. 3. Commencement and Termination of Inquest
Sec. 4. Documents Required in Specific Cases Sec. 5. Incomplete Documents
Sec 6. Presence of Detained Person Sec. 7. Charges and Counter-charges
Sec. 8. Initial Duty of Inquest Officer
Sec. 9. Where Arrest Not Properly Effect ed
Sec. 10.Where Arrest Properly Effected Sec. 11. Inquest Proper
Sec. 12. Meaning of Probable Cause Sec. 13. Presence of Probable Cause 12
Sec. 14. Contents of Information . 13
Sec. 15. Absence of Probable Cause 13
Sec. 16. Presetice at Crime Scene 13
Sec. 17. Sandiganbayan Cases 14
Sec. 18. Recovered Articles 14
Sec. 19. Release of Recovered Articles 14
PART III. PRELIMINARY INVESTIGATION
Sec. 1. Concept of Preliminary Investigation 17 Sec. 2. Purpose of Preliminary Investigation 17 Sec. 3. Nature of Preliminary Investigation 17 Sec. 4. Effect of Amendment of Information 17 Sec. 5. Where Right of Preliminary Investigation
may be Invoked 17 Sec. 6. Officers Authorized to Conduct Preliminary Investigation 17
Sec. 7. Commencement of Preliminary Investigation 18 Sec. 8. Complaint 18
Sec. 9. Supporting Affidavits 18
Sec. 10.Number of Copies of Affidavits 19
Sec. 11.Barangay Certification 19
Sec. 12.Lack of Barangay Certification 19
Sec. 13.Initial Action on the Complaint 19
Sec. 14. Dismissal ~f Complaint 20
Sec. 15.Personal Service of Documents by Investigating Prosecutor 20
Sec. 16 Service of Subpoena in Preliminary Investigat ion . 20
Sec. 17. Where Respondent Cannot be Subpoenaed 21
Sec. 18. Counter-Affidavit 21
Sec. 19. Motion for Dismissal/Bill of Particulars 22 Sec. 20. Consolidation 22
Sec. 21. Extension of Time 22
Sec. 22. Suspension of Proceedings 23
~ec. 24. Elements of Prejudicial Question 23
Sec. 25. Issuance of Orders of Suspension of Proceedings 23
Sec. 26. Reply-Affidavits and Rejoinders 23 Sec. 27. Clarificatory Questions 24
Sec. 28. Submission of Case for Resolution 24 Sec. 29. Lack of Probable Cause 24
Sec. 30. Finding of Probable Cause 24. Sec. 31. Reopening of Investigation 24
Sec. 32. Cases Transmitted by the Municipal Trial Judge . 25
Sec 33. Memoranda 25
Sec. 34. Period for Resolving a Case 25
Sec. 35. Form of Resolution and Number of Copies 26
Sec. 36. Contents of the Resolution 26
Sec. 37. Caption of Resolution 26
Sec. 38. Names of Parties 26
Sec. 39. Case Number 26
Sec. 40. Designation of Offense Charged . 26
Sec. 41. Contents of Body of Resolution . 27
Sec. 42. Parts of a Resolution 27
Sec. 43.How Recommended Bail is Written 28
Sec. 44.Recommended Bail 28
Sec. 45.Parties to be Furnished with a Copy of the Resolution 28
Sec. 46.Signature and Initials of Investigating Prosecutor . 28 Sec. 47.Records of the Case
28
Sec. 48.Action of the Provincial or City Prosecutor or Chief State
Prosecutor on Resolution 28
Sec. 49.Reversal by the Provincial or City Prosecutor or Chief State Prosecutor of Resolution of Investigating Prosecutor 28
Sec. 50.Approval of Pleading by Head of Prosecution 28
Sec. 52. Confidentiality of Resolutions
29 29
Sec. 53. Information/Complaint
29 29
Sec. 54. Documents to be Attached to Informationi
Complaint 30 30
Sec. 55. Promulgation of Resolution
30 30
Sec. 56. Motion for Reconsideration
30 30
Sec. 57. Inhibition 30 30
Sec. 58. Period to Resolve Cases Under Preliminary
Investigation 31 31
PART IV. PETITION FOR REVIEW
Sec. 1. Subject of Petition for Review 34 34
34
Sec 3. Form and Contents 34 34
Sec. 4. Cases not Subject to Review; Exceptions
35 35
Sec. 5. Answer 35 Sec. 6. Withdrawal of Petition 35
Sec. 7. Motion for Reinvestigation 35 35
Sec. 8. Disposition of Petition 35
Sec. 9. Motion for Reconsideration 36
Sec. 10. Effect of Filing of Petition 36
PART V. BAIL
Sec. 1. Bail Defined 38
Sec. 2. Nature of Right to Bail 38
Sec. 3. Non-Bailable Offense 38
Sec. 4. Criteria in Recommending Amount of Bail 38 Sec. 5. Burden of Proof in Bail Application
38
Sec. 6. Recognizance 39
Sec. 7. Bail, When not Required; Reduced Bail or Recognizance 39
Sec. 8. Notice of Application for Bail to Prosecutor 39
Sec. 9. Cancellation of Bail Bond
39
Sec. 10. Arrest of Accused Out on Bail
39
Sec. 11.No Bail After Final Judgment, Exception 39
Sec. 12.Rules in Computing the Bail to be Recommended 40 Sec. 13.Petition for Bail in a Continuous Trial 41
PART VI. ARREST
Sec. 1. Definition of Probable Cause as a Ground for an Arrest or Issuance of a
Warrant of Arrest 43
Sec. 2. Remedy if no Warrant of Arrest is Issued by the Investigating Judge 43
Sec. 3. Request for a Copy of the Return 43
PART VII. ARRAIGNMENT AND PLEA
Sec. 1. Concept of Arraignment 45
Sec. 2. Duties of Trial Prosecutor 45
Sec. 3. Effect of Filing a Petition for Review . 45
45
PART VIII. PRE-TRIAL
Sec. 1. Concept of Pre-trial 46 Sec. 2. Duties of Prosecutor Before and After the
Pre-trial Conference 46 Sec. 3. Subject Matters of Pre-trial 46
Sec. 4. Plea of Guilty to a Lesser Offense 47
Sec. 5. When Accused Pleads Guilty to a Capital Offense ... 48
PART IX. TRIAL
Sec. 1. Definition of Trial Sec. 2. Concept of Trial
Sec. 3. Expeditious Prosecution of Criminal Cases Filed with the Courts 50
Sec. 4. Order of Presentation of Witnesses . . . 50 Sec. 5. Preparation of Formal Offer of Exhibits 50 Sec. 6. Defense Evidence 50
Sec. 7. Discharge of Accused to be State Witness 51 Sec. 8. Witness Protection 52
Sec. 9. Other Persons Who May Avail of the Witness Protection Program 52
Sec. 10. Motions for Postponement of Accused 53 Sec. 11. Discontinuance of Proceedings 53 Sec. 12. Presentation of Evidence 53
Sec. 13. Order of Trial 53
Sec. 14. Presentation of Witnesses 54
Sec. 15. Examination of Witness for the Prosecution 54 Sec. 16. Cross-Examination of Defense Witnesses 54 Sec. 17. Rebuttal Evidence 54
Sec. 18. Request for Subpoena 55
Sec. 19. Custody of Physical and Real Evidence Pending Trial 55
PART X. MOTION TO QUASH
Sec. 1. Definition and Purpose of Motion to Quash 58
Sec. 2. Form of Motion to Quash 58
Sec. 3. Time to Move to Quash 58
Sec. 4. Grounds of Motion to Quash 58
Sec. 5. Amendment of Complaint or Information 59
Sec. 6. Court Action Sustaining Motion to Quash 59
Sec. 7. Nature of Court Order Granting a Motion to Quash
59
Sec. 8. Denial of Motion to Quash 59
Sec. 9. Nature of Order Denying Motion to Quash 59
Sec.10. Meaning of "Appeal in Due Time 60
Sec. 11. Order Sustaining the Motion to Quash not a Bar to Another Prosecution; Exception 60
PART XI. MISCELLANEOUS MATTERS
Sec. 1. Hold Departure Orders of Accused Persons 62 Sec. 2. Cancellation of Travel Documents 62
Sec. 3. Handling of Complaints Filed Against Public Officers and Employees 62
Sec. 4. Notification of Prosecutor of the Filing of an Application for P
robation 63
Sec. 5. Comment on Application for Probation 63
Sec. 6. Release of Applicant for Probation 63 Sec. 7. Objection to Grant of Probation 63
Sec. 8. Hearing for Revocation of Probation 64
Sec. 9. Procedure in Cases Involving Children 64
APPENDICES
Appendix 'A1,Control of Case Record 70
Appendix 'B, NPS Form 1, Order (To submit additional evidenciary documents) 71
Appendix "B-i", NPS Form 2, Release Order Of Detained Person 72
Appendix "B-2", NPS Form 3, Request for Preliminary Investigation and Waiver of Article 125, Revised Penal Code
73
Appendix "B-3", NPS Form 4, Certification (For Information in Inquest Cases)
74
Appendix "B-4", NPS Form 5, Release Order Of Recovered Articles 75
Appendix "B-S", NPS Form 6, Request for Release Of Recovered Articles 76
FOREWORD
There is a need t~ ii~aintain the level of competence of our prosecutors to enab le them t~ creditably perform their delicate tasks of prosecuting the guilty and protecting the innocent.
This Manual partly answers this need.
A compilation of pertinent provisions of the Rules on Criminal Procedure, Depart ment of Justice issuances and decisions of the Supreme Court, this work will be a useful teaching guide for those who ~~ire to be prosecutors and a handy refere
nce book for the prosecutors in the field.
We expect this Manual to be enriched and improved through use. ()~'3rcls this en d any suggestions for its improvement will )C highly appreciated.
Doubtless, this Manual will help elevate the quality of prosecutorial ~ and answ er the clamor ~i; our people for fast and efficient justice.
TEOFISTO 1 GUINGONA, JR Secretary
ACKNOWLEDGEMENT
This manual was put together by a Committee created by Secretary of Justice Teof isto T. Guingona, Jr. under Department of Justice Order No.153 dated 28 May 1996 . The Body is headed by Assistant Chief State Prosecutor Francisco L. Santos and the following as members: then Assistant Chief State Prosecutor and now Chief S tate Prosecutor Jovencito R. Zuno, Assistant Chief State Prosecutors Nib C. M ariano and Apolinario G. Exevea, Regional State Prosecutor Claro A. Arellano, Qu ezon City Prosecutor Candido F. Rivera, Pasig City Prosecutor Antonio L. Liorent e,Laguna Provincial Prosecutor George C. Dee and Rizal 2nd Assistant Provincial Fiscal Apolinario D. Brusel as, Jr.
The Committee was assisted in its work by former Rizal Provincial Prosecutor Mau ro M. Castro and Deputy Ombudsman for Luzon Jesus F. Guerrero both of whom contr ibuted valuable and refined insights into the work of a prosecutor.
In this regard, I wish to acknowledge the rote of Rizal Provincial Prosecutor Gr egono A. Arizala and his team in putting the Manual in its final form and State Prosecutor II Teresita R. Domingo for taking pains in reading the manuscript.
RAMON J. LIWAG Undersecretary
Chairman, Committee created under
Department Order No.153, series of 1996
NOTE
THIS MANUAL IS DESIGNED TO BE REVISED AND UPDATED AS THE NEED ARISES.
WHEN CHANGES OCCUR IN THE RELEVANT LAW, ISSUANCE OR JURISPRUDENCE ,THESE CHANGES WILL BE FORWARDED TO YOU IN THE FORM OF NEW LOOSE LEAF PAGES.
FILE THESE NEW PAGES AS SOON AS POSSIBLE TO KEEP YOUR MANUAL CURRENT AND COMPLET E.
RULES ON PROCEDURE IN THE INVESTIGATION, PROSECUTION AND TRIAL OF CRIMINAL CASES
PART I. PROSECUTION OF OFFENSES
SECTION 1. Criminal action. - A criminal action is one by which the state prosec utes a person for an act or omission punishable by law.
SEC. 2. How and where commenced. - A criminal action is commenced by the filing of a complaint with the City/Provincial Prosecution Office or with the Municipal Trial Court or Municipal Circuit Trial Court. However, a criminal action for an offense committed within Metro Manila, may be commenced only by the filing of t he complaint with the Prosecutor's Office.
SEC. 3. Complaint. - A complaint is a sworn written statement charging a person with an offense and subscribed by the offended party, any peace officer or publi c officer charged with the enforcement of the law violated.
To discourage the filing of harassment charges, the prosecutor shall warn the co mplainant that any false statement in the complaint may give rise to a finding o f a prima facie case for perjury before the same office.
SEC. 4. Offended party, defined. - The offended party is the person against whom or against whose property the crime was committed.
SEC. 5. Information. - An information is the accusation in writing charging a pe rson with an offense, subscribed by the prosecutor, and filed with the court. Th e information need not be placed under oath by the prosecutor signing the same. The prosecutor must, however, certify under oath that
-a) he has examined the complainant and his witnesses;
b) there is reasonable ground to believe that a crime has been committed an d that the accused is probably guilty thereof;
c) the accused was informed of the complaint and of the evidence submitted against him; and
d) the accused was given an opportunity to submit controverting evidence.
SEC. 6. Sufficiency of complaint or information. - A complaint or information t shall be considered sufficient if it states
-a) the name of the accused;
b) the designation of the offense committed; c) the act or omission complained of;
d) the name of the offended party;
e) the approximate time of the commission of the offense; and f) the place where the offense was committed.
SEC. 7. Other essential matters to be alleged in complaint or information. -The following shall also be alleged in a complaint or information:
a) every essential element O{ the offense;
b) the criminal intent of the accused and its relation to the act or omissi on complained of;
c) all qualifying and generic aggravating circumstances which are integral pans of the offense;
as the ownership and/or value of the property robbed or destroyed; the particula r knowledge to establish culpable intent; or the particular intention that chara cterizes the offense;
e) age of the minor accused, and whenever applicable, the fact that he acte d with discernment; and
f) age of the minor complainant, when age is material.
SEC. 8. Additional contents of a complaint - In addition to the matters listed above, a complaint or information shall contain a certification that the recital s therein are true and correct and not in the nature of a countercharge to avoid conflict in the appreciation of the facts and evidence.
3EC. 9. Name of accused. - The complaint or information shall state the name and surname of the accused, if known, or any appellation or nickname by which he -h as been or is known. If his name is not known, the accused shall be mentioned un der a fictitious name such as "John Doe'1 or "Jane Doe."
SEC. 10. Designation of offense. - To properly inform the accused of the nature and cause of the accusation against him, the complaint or information shall stat e, whenever possible,
-a) the designation given to the offense by the statute;
b) the statement of the act or omission constituting the same, and if there is no such designation, reference shall be made to the section or subsection of the law punishing it.
SEC. 11. Cause of accusation. - The act or omission complained of as constitutin g the offense shall be stated in an ordinary and concise language without repeti tion. The statement need not use the terms of the statute defining the offense s o long as a person of common understanding is able to know what offense was inte nded to be charged and to enable the court to pronounce proper judgment.
SEC. 12. Place of the commission of offense. - The complaint or information is s ufficient if it states that the crime charged was committed or some of the ingre dients thereof occurred at some place within the jurisdiction of the court, unle ss the particular place in which the crime was committed is an essential element of the crime e.g. in a prosecution for violation of the provision of the Electi on Code which punishes the carrying of a deadly weapon in a t'polling place ", o r if it is necessary to identify the offense charged e.g., the domicile in the o ffense of "violation of domicile."
SEC. 13. Time of commission of offense. - The precise time of the commission of the offense shall be stated in the complaint or information if time is a materia l ingredient of the offense e.g. ,treason, infanticide. Otherwise, it is suffici ent that it be alleged that the offense was committed at any time as near to the actual date at which the offense was committed.
SEC. 14. Title of complaint or information. - The title of the complaint or info rmation shall be in the name of the "People of the Philippines" as Plaintiff aga inst all persons who appear to be responsible for the offense involved.
SEC. 15. Contents of caption of an information. - The caption of an information shall, in addition to the name of the Plaintiff, indicate the following:
a) the complete names i.e., given name, maternal name, surname, and addre sses, of all the accused. In the case of accused minors, their age shall be indi cated in the caption;
b) the case number; and
c) the offense charged. The denomination of the offense and the specific law and provision violated shall be specified.
SEC. 16. List of prosecution witnesses. - The information shall contain the comp lete names and addresses of all identified witnesses for the prosecution. In cas es for violation of B. P. Blg. 22 and estafa cases, the list of witnesses shall include the complainant, the bank representative with specific reference to the check and account numbers involved and in the proper cases, the company auditor; and in physical injuries cases, the attending physician with specific reference to the medical report and date of the incident.
SEC. 17. Number of offenses charged. - A complaint or information shall charge o nly one offense so as not to confuse the accused in his defense, except in those cases in which existing laws prescribe a single punishment for various offenses , e.g., complex crimes under Article 48 of the Revised Penal Code.
SEC. 18. Amendment of information or complaint. - An information or complaint ma y be amended before the accused pleads, after the accused has pleaded, and durin g the trial.
Before plea, amendment of the information or complaint, in substance or form, is a matter of right.
After plea and during trial, amendment may be made only with leave of court and only as to matters of form wherein the same can be done without prejudice to the rights of the accused.
At any time before judgment, if there has been a mistake in charging the proper offense, the court shall dismiss the original complaint or information upon the filing of a new one charging the proper offense in accordance with Rule 119, Sec tion 11, provided the accused would not be placed thereby in double jeopardy. T he court may also require the witnesses to give bail for their appearance at the trial.
SEC. 19. Mistake inform and substance. - A mistake in form refers to clerical er rors, matters which are not essential to the charge, and those which will not m islead or prejudice the accused as when a defense under the original information can be used after the amendment is made and any evidence that the accused may h ave would be equally applicable to the one form as in the other.
A mistake in substance is any omission or misstatement which prevents an informa tion from showing on its face that an offense has been committed, or from showin g what offense is intended to be charged.
SEC. 20. How Period of Prescription Computed and Interrupted. - For an offense penalized under the Revised Penal Code, the period of prescription commences to run from the day on which the crime is discovered by the offended party, the aut horities, or their agents, and shall be interrupted:
a) by the filing of the complaint with the Office of the City/Provincial Pr osecutor; or wit the Office of the Ombudsman; or
b) by the filing of the complaint or information with the court even if it is merely for purposes of preliminary examination or investigation, or even if t he court where the complaint or information is filed cannot try the case on its merits.
However, for an offense covered by the Rules on Summary Procedure, the period of prescription is interrupted only by the filing of the complaint or information in court.
The prescription of an offense filed before the Prosecutor or Ombudsman shall co mmence to run again when such proceedings terminate; while the prescription of a n offense filed in court starts to run again when the proceedings terminate with out the accused being convicted or acquitted or are unjustifiably stopped for an y reason not imputable to the accused.
For violation of a special law or ordinance, the period of prescription shall co mmence to run from the day of the commission of the violation, and if the same i s not known at the time, from the discovery and the institution of judicial proc eedings for its investigation and punishment. The prescription shall be interrup ted only by the filing of the complaint or information in court and shall begin to run again if the proceedings are dismissed for reasons not constituting doubl e jeopardy.
For cases falling within the jurisdiction of the Katarungang Pambarangay, the pe riod of prescription is likewise interrupted by the filing of the complaint with the punong barangay; but shall resume to run again upon receipt by the complain ant of the certificate of repudiation or of the certification to file action iss ued by the lupon or pangkat secretary; Provided, however, That such interruption shall not exceed sixty (60) days from the filing of the complaint with the puno ng barangay.
22
Prescription shall not run when the offender is absent from the country.
In cases where the imposable penalty is imprisonment and/or a fine, the greater penalty shall be the basis for the computation of prescription.
PART II. INQUEST
SECTION 1. Concept. - Inquest is an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detaine d without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should remain under custody and corr espondingly be charged in court.
SEC. 2. Designation of In quest Officer. The City or Provincial Prosecutor shall designate the Prosecutors assigned to inquest duties and shall furnish the Phil ippine National Police (PNP) a list of their names and their schedule of assignm ents. If, however, there is only one Prosecutor in the area, all inquest eases s hall be referred to him for appropriate action.
Unless otherwise directed by the City or Provincial Prosecutor, those assigned t o inquest duties shall discharge their functions during the hours of their desig nated assignments and only at the police stations/headquarters of the PNP in ord er to expedite and facilitate the disposition of inquest eases.
SEC. 3. Commencement and termination of inquest.- The inquest proceedings shall be considered commenced upon receipt by the Inquest Officer from the law enforce ment authorities of the complaint/referral documents which should include:
a) the affidavit of arrest; b) the investigation report;
c) the statement of the complainant and witnesses; and
d) other supporting evidence gathered by the police in the course of the l atter's investigation of the criminal incident involving the arrested or detaine d person.
The Inquest Officer shall, as far as practicable, cause the affidavit of arrest and statements/affidavits of the complainant and the witnesses to be subscribed
and sworn to before him by the arresting officer and the affiants.
The inquest proceedings must be terminated within the period prescribed under th e provisions of Article 125 of the Revised Penal Code, as amended.
SEC. 4. Documents required in specific cases. - The Inquest Officer shall, as fa r as practicable, require the submission/presentation of the documents listed be low, to wit:
Murder, Homicide and Parricide
a) certified true/machine copy of the certificate of death of the victim; a nd
b) necropsy report and the certificate of post-mortem examination, if readi ly available.
Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries
a) medical certificate of the complaining witness showing the nature or ext ent of the injury;
b) certification or statement as to duration of the treatment or medical at tendance; and
c) certificate or statement as to duration of incapacity for work. Violation of the Dangerous Drugs Law (R.A. No.6425, as amended)
a) chemistry report or certificate of laboratory examination duly signed by the forensic chemist or other duly authorized officer. If the foregoing docume nts are not available, the Inquest Officer may temporarily rely on the field tes t results on the seized drug, as attested to by a PNP Narcotics Command operativ e or other competent person, in which event, the Inquest Officer shall direct th e arresting officer to immediately forward the seized drug to the crime laborato ry for expert testing and to submit to the prosecutor's office the final forensi c chemistry report within five (5) days from the date of the inquest;
b) machine copy or photograph of the buy-bust money; and c) affidavit of the poseur-buyer, if any.
Theft and Robbery, Violation of the Anti-Piracy and Anti-Highway Robbery Law (P. D. No.532) and Violation of the Anti-Fencing Law (P.D. No.1612)
a) a list/inventory of the articles and items subject of the offense; and b) statement of their respective values.
Rape, Seduction and Forcible Abduction with Rape
a) the medico-legal report (living case report), if the victim submitted her self for medical or physical examination.
Violation of the Anti-Carnapping Law (R.A. No.6539)
a) machine copy of the certificate of motor vehicle registration;
b) machine copy of the current official receipt of payment of theregistrati on fees of the subject motor vehicle; and
c) other evidence of ownership.
Violation of the Anti-Cattle Rustling Law (P.D. No.533)
a) machine copy of the cattle certificate of registration; and b) photograph of the cattle, if readily available.
Violation of Illegal Gambling Law (P.D. No.1602) a) gambling paraphernalia; and
b) cash money, if any.
Illegal Possession of Explosives (P.D. No.1866)
a) chemistry report duly signed by the forensic chemist; and b) photograph of the explosives, if readily available.
Violation of the Fisheries Law (P.9. No.704)
a) photograph of the confiscated fish, if readily available; and b) certification of the Bureau of Fisheries and Aquatic Resources. Violation of the Forestry Law (P.9. No.705)
a) scale sheets containing the volume and species of the forest products co nfiscated, number of pieces and other important details such as estimated value of the products confiscated;
b) certification of Department of Environment and Natural Resources/B ureau of Forest Management; and
c) seizure receipt.
The submission of the foregoing documents shall not be absolutely required if th ere are other forms of evidence submitted which will sufficiently establish the facts sought to be proved by the foregoing documents.
SEC. 5. Incomplete documents. - When the documents presented are not complete to establish probable cause, the Inquest Officer shall direct the law enforcement agency to submit the required evidence within the period prescribed under the pr ovisions of Article 125 of the Revised Penal Code, as amended. Otherwise, the I nquest Officer shall order the release of the detained person and, where the in quest is conducted outside of office hours, direct the law enforcement agency co ncerned to file the case with the City or Provincial Prosecutor for appropriate action.
SEC. 6. Presence of detained person. - The presence of the detained person who i s under custody shall be ensured during the proceedings.
However, the production of the detained person before the Inquest Officer may be dispensed with in the following cases:
a) if he is confined in a hospital;
b) if he is detained in a place under maximum security;
c) if production of the detained person will involve security risks; or d) if the presence of the detained person is not feasible by reason of age, health, sex and other similar factors.
The absence of the detained person by reason of any of the foregoing factors sha ll be noted by the Inquest Officer and reflected in the record of the case. SEC. 7. Charges and counter-charges.- All charges and counter-charges arising fr om the same incident shall, as far as practicable, be consolidated and inquested jointly to avoid contradictory or inconsistent dispositions.
SEC. 8. Initial duty of Inquest Officer. - The Inquest Officer shall first deter mine if the arrest of the detained person was made in accordance with paragraphs (a) and (b) of Section 5, Rule 113 of the 1985 Rules on Criminal Procedure,
as amended, which provide that arrests without a warrant may be effected:
a) when, in the presence of the arresting officer, the person to be arreste d has committed, is actually committing, or is attempting to commit an offense; or
b) when an offense has in fact just been committed, and the arresting offic er has personal knowledge of facts indicating that the person to be arrested has committed it.
For this purpose, the Inquest Officer may summarily examine the arresting office rs on the circumstances surrounding the arrest or apprehension of the detained p erson.
SEC. 9. where arrest not properly effected. - Should the Inquest Officer find th at the arrest was not made in accordance with the Rules, he shall;
a) recommend the release of the person arrested or detained; b) note down the disposition on the referral document;
c) prepare a brief memorandum indicating the reasons for the action taken; and
d) forward the same, together with the record of the case, to the City or P rovincial Prosecutor for appropriate action.
Where the recommendation for the release of the detained person is approved by t he City or Provincial Prosecutor but the evidence on hand warrants the conduct o f a regular preliminary investigation, the order of release shall be served on t he officer having custody of said detainee and shall direct the said officer to serve upon the detainee the subpoena or notice of preliminary investigation, tog ether with the copies of the charge sheet or complaint, affidavits or sworn stat ements of the complainant and his witnesses and other supporting evidence. SEC. 10. where arrest properly effected. - Should the inquest Officer find that the arrest was properly effected, the detained person shall be asked if he desir es to avail himself of a preliminary investigation and, if he does, he shall be made to execute a waiver of the provisions of Article 125 of the Revised Penal C ode, as amended , with the assistance of a lawyer and, in case of non-availabili ty of a lawyer, a responsible person of his choice. The preliminary investigati on may be conducted by the Inquest Officer himself or by any other Assistant Pro secutor to whom the case may be assigned by the City or Provincial Prosecutor, w hich investigation shall be terminated within fifteen (15) days from its incepti on.
9
SEC. 11. Inquest preliminary investigation Inquest Officer shall statements/affi davits of evidence submitted to him.
proper.- Where the detained person does not opt for a or otherwise refuses to ex ecute the required waiver, the proceed with the inquest by examining the sworn the complainant and the witnesses and other supporting
If necessary, the Inquest Officer shall require the presence of the complaining witnesses and subject them to an informal and summary investigation or examinati on for purposes of determining the existence of probable cause.
SEC. 12. Meaning of probable cause.- Probable cause exists when the evidence sub mitted to the Inquest Officer engenders a well-founded belief that a crime has b een committed and that the arrested Or detained person is probably guilty thereo f.
SEC. 13. Presence of probable cause.- If the Inquest Officer finds that probable cause exists, he shall forthwith prepare the corresponding complaint/in formation with the recommendation that the same be filed in court. The complaint /information shall indicate the offense committed and the amount of bail recomme nded, if bailable.
Thereafter, the record of the case, together with the prepared complain t/information, shall be forwarded to the City or Provincial Prosecutor for appro priate action.
The complaint/information may be filed by the Inquest Officer himself or by any other Assistant Prosecutor to whom the case may be assigned by the City or Prov incial Prosecutor.
SEC. 14. Contents of Information.- The information shall, among others, contain:
a) a certification by the filing Prosecutor that he is filing the same in a ccordance with the provisions of Section 7, Rule 112, Rules on Criminal Procedur e, in cases cognizable by the Regional Trial Court;
b) the full name and aliases, if any, and address of the accused; c) the place where the accused is actually detained;
d) the full names and addresses of the complainant and witnesses; e) a detailed description of the recovered items, if any;
f) the full name and address of the evidence custodian;
g) the age and date of birth of the complainant or the accused, if eighteen (18) years of age or below; and
h) the full names and addresses of the parents, custodians or guardians of the minor complainant or accused, as the case may be.
SEC. 15. Absence of probable cause.- If the Inquest Officer finds no probable ca use, he shall:
a) recommend the release of the arrested or detained person; b) note down his disposition on the referral document;
c) prepare a brief memorandum indicating the reasons for the action taken; and
d) forthwith forward the record of the case to the City or Provincial Prose cutor for appropriate action.
If the recommendation of the Inquest Officer for the release of the arrested or detained person is approved, the order of release shall be served on the officer having custody of the said detainee.
Should the City or Provincial Prosecutor disapprove the recommendation of releas e, the arrested or detained person shall remain under custody, and the correspon ding complaint/information shall be filed by the City or Provincial Prosecutor o r by any Assistant Prosecutor to whom the case may be assigned.
SEC. 16. Presence at crime scene. - Whenever a dead body is found and there is r eason to believe that the death resulted from foul play, or from the unlawful ac ts or omissions of other persons and such fact has been brought to his attention , the Inquest Officer shall:
a) forthwith proceed to the crime scene or place of discovery of the dead p erson;
b) cause an immediate autopsy to be conducted by the appropriate medico-leg al officer in the locality or the PNP medico-legal division or the NBI medico-le gal office, as the case may be;
crime scene or place of discovery of the dead body;
d) supervise the investigation to be conducted by the police authorities as well as the recovery of all articles and pieces of evidence found thereat and s ee to it that the same are safeguarded and the chain of the custody thereof prop erly recorded; and
e) submit a written report of his finding to the City or Provincial Prosecu tor for appropriate action.
SEC. 17. Sandiganbayan cases.- Should any complaint cognizable by the Sandiganba yan be referred to an Inquest Officer for investigation, the latter shall, after conducting the corresponding inquest proceeding, forthwith forward the complete record to the City or Provincial Prosecutor for appropriate action.
SEC. 18. Recovered articles.- The Inquest Officer shall see to it that all artic les recovered by the police at the time of the arrest or apprehension of the det ained person are physically inventoried, checked and accounted for with the issu ance of corresponding receipts by the police officer/investigator concerned. The said articles must be properly deposited with the police evidence custodian and not with the police investigator.
The Inquest Officer shall ensure that the items recovered are duly safeguarded a nd the chain of custody is properly recorded.
SEC. 19. Release of recovered articles.- The Inquest Officer shall, with the pri or approval of the City or Provincial Prosecutor or his duly authorized represen tative, order the release of recovered articles to their lawful owner or posses sor, subject to the conditions that:
a) there is a written request for their release;
b) the person requesting the release of said articles is shown to be the la wful owner or possessor thereof;
c) the requesting party undertakes under oath to produce said articles befo re the court when so required;
d) the requesting party, if he is a material witness to the case, affirms o r reaffirms his statement concerning the case and undertakes under oath to appea r and testify before the court when so required;
e) the said articles are not the instruments, or tools in the commission of the offense charged nor the proceeds thereof; and
f) photographs of said articles are first taken and duly certified to by th e
police evidence custodian as accurately representing the evidence in his custody .
PART III. PRELIMINARY INVESTIGATION
SECTION 1. Concept of preliminary investigation - A preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to e ngender a well founded belief that a crime cognizable by the Regional Trial Cour t has been committed and that the respondent is probably guilty thereof and shou ld be held for trial.
A preliminary investigation is essentially a judicial inquiry since there is the opportunity to be heard, the production and weighing of evidence, and a decisio n rendered on the basis of such evidence. In this sense, the investigating prose cutor is a quasi-judicial officer.
SEC. 2. Purpose of preliminary investigation. - A preliminary investigation is i ntended:
a) to secure the innocent against hasty, malicious and oppressive prosecuti on and to protect him from an open and public accusation of a crime and from the trouble, expense and anxiety of a public trial; and
b) to protect the State from having to conduct useless and expensive trials .
SEC. 3. Nature of preliminary investigation. - The conduct of a preliminary inve stigation is a substantive right which the accused may invoke prior to or at lea st at the time of plea, the deprivation of which would be a denial of his right to due process.
SEC. 4. Effect of amendment of information. - In case an information is amended, a new preliminary investigation shall be conducted if the amended charge is not related to the crime originally charged; if there is a change in the nature of the crime charged; or if the information on its face is null and void for lack o f authority to file the same.
SEC. 5. where right of preliminary investigation may he invoked. - The right to a preliminary investigation may be invoked only in cases cognizable by the Regio nal Trial Court. The right is not available in cases triable by inferior courts. SEC. 6. Officers Authorized to Conduct Preliminary Investigation. - The followin g may conduct a preliminary investigation;
a) Provincial or City Prosecutors and their assistants;
b) Judges of Municipal Trial Courts and Municipal Circuit Trial Courts; c) National and Regional State Prosecutors; and
d) Other officers as may be authorized by law.
Their authority to conduct preliminary investigation shall include all crimes co gnizable by the proper court in their respective territorial jurisdiction. SEC. 7. Commencement of Preliminary Investigation.- A preliminary investigation proceeding is commenced:
a) by the filing of a complaint by the offended party or any competent pers on8 directly with the Office of the Investigating Prosecutor or Judge;
b) by referral from or upon request of the law enforcement agency that inve stigated a criminal incident;
c) upon request of a person arrested or detained pursuant to a warrantless arrest who executes a waiver of the provisions of Article 125 of the Revised Pen al Code, as amended;
d) by order or upon directive of the court or other competent authority; or e) for election offenses, upon the initiative of the Commission on Election s, or upon written complaint by any citizen, candidate, registered political par ty, coalition of registered parties or organizations under the party-list system or any accredited citizen arm of the Commission on Elections.
SEC. 8. Complaint. - For purposes of preliminary investigation, the complaint fi led with the prosecutor's office shall, as far as practicable, be accompanied or covered by an Information Sheet and shall state, among others
-a) the full and complete names and exact home, office or postal addresses o f the complainant and his witnesses;
b) The full and complete name and exact home, office or postal address of t he respondent;
c) The offense charged and the place and exact date and time of its commiss ion; and
of said case and the name of the Investigating Prosecutor thereof.
SEC. 9. Supporting affidavits.- The complaint shall be accompanied by the affida vits of the complainant and his witnesses, as well as other supporting proofs or documents, if any. The affidavits shall be sworn to before a Provincial, City o r State Prosecutor, or other government official authorized to administer oaths or, in their absence or unavailability, a notary public, who must certify that h e personally examined the affiants and that he is satisfied that they voluntaril y executed and understood their affidavits.
When the preliminary investigation is commenced by referral from or upon request of the law enforcement agency that investigated the incident, the affidavits of the complainant and his witnesses to be submitted by the said agency shall cons ist of the original or duplicate original or certified machine copies thereof. SEC. 10. Number of copies of affidavits. - The complaint and supporting affidavi ts shall be in such number of copies as there are respondents, plus four (4) cop ies for the court/official file.
Where a complaint charges multiple offenses which cannot be the subject of one i ndictment or information, the complainant may be required to submit such additio nal copies of the complaint and supporting affidavits as there are offenses char ged in the complaint.
SEC. 11. Barangay certification . - If the offense charged is punishable by impr isonment not exceeding one (1) year or a fine not exceeding Five Thousand Pesos (5,000.00) and the parties to the case are all residents of the same city or mun icipality, the complaint shall be accompanied by the certification required unde r Section 412 (a) of R.A. Act No.7160, "The Local Government Code of 1991. SEC. 12. Lack of harangay certification.- The absence of a barangay certificatio n shall not be a ground for the dismissal of the complaint. The Investigating P rosecutor shall, however, make the corresponding referral of the complaint to th e proper Lupong Tagapamayapa for appropriate action pursuant to the provisions o f Chapter 7, Book III of R.A. No.7160. In connection therewith, the complainant may be summoned for the purpose of delivering the referral to the Chairman of th e appropriate barangay and to secure the necessary certification within thirty ( 30) days.
In any of the following cases. the Investigating Prosecutor shall proceed to tak e cognizance of the complaint for purposes of preliminary investigation even if there is no Barangay Certification:
a) where the respondent is under detention; or
b) where the respondent has been deprived of personal liberty calling for h abeas corpus proceedings; or
c) where the case may be barred by the Statute of Limitations.
SEC. 13. Initial/ action on the Complaint.- Within ten (10) days after the filin g of the complaint, the Investigating Prosecutor shall either dismiss the same i f he finds no ground to continue with the inquiry, or issue a subpoena to the re spondent, attaching thereto a copy of the complaint together with the affidavits of witnesses and other supporting documents.
9
SEC. 14. Dismissal of complaint. - The following, among others, shall constitut e sufficient basis for the outright dismissal of a complaint:
a) that the offense charged in the complaint was committed outside the terr itorial jurisdiction of the Office of the Investigating Officer;
b) that, at the time of the filing of the complaint, the offense charged th erein had already prescribed;
c) that the complainant is not authorized under the provisions of pertinent laws to file the complaint;
d) that the acts and/or omissions alleged in the complaint and/or the suppo rting affidavits do not sufficiently show that a criminal offense or violation o f a penal law has been committed; or
e) that the complaint and the supporting affidavits are unsigned and/or hav e not been duly subscribed and sworn to as prescribed under the Rules on Crimina l Procedure.
SEC. 15. Personal service of documents by investigating prosecutor. -Whenever ci rcumstances warrant and to prevent the loss of documents in the course of the se rvice of a subpoena through ordinary modes, the Investigating Prosecutor may req uire the respondent or other parties to appear before him on a designated date, time and place and then and there personally furnish them with copies of the com plaint, supporting affidavits and other documents.
At the said or any other setting, the respondent shall have the right to examine all other evidence submitted by the complainant.
Failure on the part of the respondent or his counsel/representative to appear be fore the Investigating Prosecutor to obtain copies of the complaint, supporting affidavits and other documents despite receipt of notice or subpoena shall be co nsidered a waiver or forfeiture of respondent9s right to be furnished copies of the complaint, supporting affidavits and other documents, as well as to examine all other evidence submitted by the complainant.
For the purposes specified in the first paragraph hereof, the Investigating Pros ecutor shall not require the appearance before him of the respondent or other pa rties who are residing in distant places. In such cases, the Investigating Prose cutor shall issue and send the subpoena, together with copies of the complaint, supporting affidavit and other documents, by registered special delivery mail wi th return card.
SEC. 16. Service of subpoena in preliminary investigation. - To expedite the con duct of a preliminary investigation, the following guidelines shall be observed in the service of
subpoenas-a) Service of subpoena and all papers/documents required to be attached a thereto shall be b'~- personal service by regular process server s. In their
Absence, the cooperation of the Provincial City/Municipal Statio n Commanders of the Philippine National Police (PNP) may be requested for the pu rpose.
b) Under other circumstances, where personal service cannot be effected but the respondent cannot be considered as incapable of being subpoenaed as when he continues to reside at his known address but the return states that he "has lef t his residence and his return is uncertain" or words of similar import, service of subpoena and its attachments shall be effected by registered mail with retur n card at respondent's known home/office address. On the face of the envelope sh all be indicated
I. the name and return address of the sender1 and the
Typewritten/printed phrase "First Notice Made on______________", thus instructing the postmaster/postal
employee of the necessity of informing the sender of the date the first notice was made on the addressee; and
ii. the typewritten/printed request: "If not claimed within five (5) days from first notice, please return to sender."
c) Upon receipt of the unclaimed/returned envelope, the Investigating Prose cutor may then proceed to resolve the complaint on the basis of the evidence pre sented by the complainant.
SEC. 17. where Respondent cannot he subpoenaed - If a respondent cannot be subpo enaed, as, for instance, he transferred residence without leaving any forwarding address, the Investigating Prosecutor shall base his resolution on the evidence presented by the complainant.
SEC. 18. Counter-Affidavits.- In cases where the respondent is subpoenaed, he sh all within ten (10) days from receipt of the complaint and other documents, subm it his counter-affidavit and other supporting documents which shall be sworn to and certified as prescribed in the second sentence of par. 1 of Section 9 this P art, copies of which shall be furnished by the respondent to the complainant. Only a counter-affidavit subscribed and sworn to by the respondent before the Pu blic Prosecutor can dispute or put at issue the allegations in the complaint. A memorandum, manifestation or motion to dismiss signed by the counsel cannot take the place of a counter-affidavit. Thus, a respondent relying on the manifestati on, memorandum or motion to dismiss of his counsel is deemed to have not controv erted complainant's evidence.
However, if such memorandum, manifestation or motion to dismiss is verified by t he respondent himself, the same may be considered a counter-affidavit.
SEC. 19. Motion for dismissal of bill of particulars.-The filing of a motion for the dismissal of the complaint or for the submission of a bill of particulars s hall not suspend or interrupt the running of the period for the submission of co unter-affidavits and other supporting documents.
All the grounds for the dismissal of the complaint, as well as objections to the sufficiency thereof, shall be alleged or incorporated in the counter-affidavit and shall be resolved by the Investigating Prosecutor jointly on the merits of t he case.
The Investigating Prosecutor may grant a motion to dismiss filed by a respondent who is yet to file or has not filed his counter-affidavit if the said motion is verified and satisfactorily establishes, among others:
a) the circumstances specified in sub-paragraphs (a), (b)9 (c) and (d) and (e) of Section 14 of this Part;
b) the fact that the complaint, or one similar thereto or identical therewi th, has previously been filed with the Office and has been fully adjudicated upo n on the merits after due preliminary investigation proceedings; or
c) the extinction of respondentts criminal liability by reason of death, pa rdon, amnesty, repeal of the law under which prosecution is sought, or other leg al causes.
SEC. 20. Consolidation.- The following cases shall, as far as practicable, be co nsolidated for preliminary investigation purposes and assigned to and jointly he ard by one Investigating Officer:
a) charges and counter-charges;
b) cases arising from one and the same incident or transaction or series of incident or transactions; and
c) cases involving common parties and founded on factual and/or legal issue s of the same or similar character.
it counter-affidavits shall be allowed or granted by the Investigating Prosecuto r except when the interest of justice demands that the respondent be given reaso nable time or sufficient opportunity to:
a) engage the services of counsel to assist him in the preliminary investig ation proceedings;
b) examine or verify the existence, authenticity or accuracy of voluminous records, files, accounts or other papers or documents presented or submitted in support of the complaint; or
c) undertake studies or research on novel, complicated or technical questions or issues of law and of facts attendant to the case under investigati on.
Extensions of time to submit a counter-affidavit for any of the reasons stated a bove shall not exceed ten (10) days. Additional extensions may be authorized by the Provincial/City Prosecutor concerned.
SEC. 22. Suspension of proceedings.- Upon motion of a party, or when raised in a counter-affidavit, the Investigating Prosecutor may suspend the preliminary inv estigation proceedings if the existence of a prejudicial question is satisfactor ily established.
The existence of a prejudicial question shall, however, not be a ground for the dismissal of the complaint.
SEC. 23. Concept of prejudicial question.- A prejudicial question is one the res olution of which is a logical antecedent of the issue involved in a case and the cognizance of which pertains to another tribunal. It is based on a fact distin ct and separate from the crime charged but so intimately connected with it that it determines the guilt or innocence of the accused. To suspend the criminal act ion, it must not only appear that said case involves facts intimately related to those upon which the criminal prosecution would be based but also that in the r esolution of the issue or issues raised in the civil case, the guilt or innocenc e of the accused would necessarily be determined.
SEC. 24. Elements of prejudicial question. - The essential elements of a prejudi cial question are:
a) the civil action involves an issue similar or intimately related to the issue raised in the criminal action;
b) the resolution of such issue determines whether or not the criminal acti on may proceed ; and
c) the cognizance of the said issue pertains to another tribunal.
SEC. 25. Issuance of orders of suspension of proceedings.- No resolution or orde r suspending the preliminary investigation based on the existence of a prejudici al question shall be issued by the Investigating Prosecutor without the written approval of the Provincial/City Prosecutor concerned or his duly designated assi stant.
SEC. 26. Reply-affidavits and rejoinders.- The Investigating Prosecutor shall no t require or allow the filing or submission of reply-affidavits and/or rejoinder s, except where new issues of fact or questions of law which are material and su bstantial in nature are raised or invoked in the counter-affidavit or subsequent pleadings and there exists a need for said issues or questions to be controvert ed or rebutted, clarified or explained to enable the Investigating Prosecutor to arrive at a fair and judicious resolution of the case. In such a case, the peri od for the submission of reply affidavits or rejoinders shall in no case exceed five (5) days unless a longer period is authorized by the Provincial/City Prosec utor concerned.
SEC. 27. Clanficatory questions. - The Investigating Prosecutor may set a hearin g to propound clarificatory questions to the parties or their witnesses if he be lieves that there are matters which need to be inquired into personally by him. In said hearing, the parties shall be afforded the opportunity to be present but without the right to examine or cross-examine. If they so desire, they may subm it written questions to the Investigating Prosecutor who may propound such quest ions to the parties or witnesses concerned.
The Investigating Prosecutor shall make a record of the questions asked and answ ers given during the clarificatory questioning which shall be signed by the part ies concerned and/or their respective counsel. Said notes shall form part of the official records of the case. Parties who desire to file a petition for review of the Investigating Officer's resolution may, at their option, cite specific po rtions of the oral testimony by reference to the transcript of stenographic note s. Said notes shall only be transcribed in cases of appeal and shall be obtained at the expense of the interested party.
28. Submission of case for resolution. - The Investigating Prosecutor shall case submitted for resolution:
a) when the respondent cannot be subpoenaed or, if subpoenaed, does not s ubmit his counter-affidavit within the reglementary period. In such a case, the Investigating Prosecutor shall base his resolution on the evidence presented by the complainant; or
b) upon submission by the parties of their respective affidavits and suppor ting proof or documents, in which event, he shall, upon the evidence thus adduce d, determine whether or not there is sufficient ground to hold the respondent fo r trial
SEC. 29. Lack of probable cause.- If the Investigating Prosecutor does not find sufficient basis for the prosecution of the respondent, he shall prepare the res olution recommending the dismissal of the complaint.
SEC. 30. Finding of probable cause. - If the Investigating Prosecutor finds that probable cause exists, he shall prepare the resolution and the corresponding in formation or complaint in the appropriate cases.
Where the respondent is a public officer or employee or a member of the Philippi ne National Police (PNP), the Investigating Prosecutor shall also determine whet her or not the offense with which he is charged was committed in relation to his office and, if so committed, such fact should be alleged in the information to be filed with the Sandiganbayan through the Ombudsman
SEC. 31. Reopening of investigation.- After a case under preliminary investigati on has been submitted for resolution under the provisions of the preceding Secti on but before promulgation of the resolution, the preliminary investigation may be reopened for the purpose of receiving new and/or additional evidence upon the prior authorization given by the Provincial/City Prosecutor concerned or upon m otion of the interested party, Provided, That in the latter case, it shall be su bject to the following conditions:
a) the motion is verified and a copy thereof furnished the opposing party; b) the motion is accompanied with the new and/or additional evidence; and c) the motion sufficiently and satisfactorily shows valid and justifiable r eason for the failure of the movant to submit the new and/or additional evidence during the preliminary investigation proceedings.
ecords of the case from the Municipal Trial Court or Municipal Circuit Trial Cou rt which conducted the Preliminary Investigation, the Prosecution Office shall r eview the case based on the existing records, without requesting the parties to submit memorandum of authorities, and may affirm, modify or reverse the finding of the Municipal Trial Court judge. However, if the interest of justice so requ ires, the prosecutor may conduct a full blown reinvestigation giving the parties the opportunity to submit additional evidence, and thereafter, resolve the case on the basis of the totality of the evidence thus adduced.
SEC. 33. Memoranda. - The Investigating Prosecutor shall not require nor allow t he filing or submission by the parties of memoranda unless the case involves dif ficult or complicated questions of law or of fact. In any event, the filing of m emoranda by the parties shall be done simultaneously and the period therefore sh all not exceed ten (10) days, unless a longer period is authorized by the Provin cial/City Prosecutor concerned.
SEC. 34. Period for resolving a case. - The Investigating Prosecutor shall resol ve the case within ten (10) days from the time the case is deemed submitted for resolution, unless otherwise provided herein or a longer period is authorized b y the Provincial/City Prosecutor concerned.
SEC. 35. Form of resolution and number of copies.- The resolution shall be writt en in the official language, personally and directly prepared and signed by the Investigating Prosecutor. It shall be prepared in as many copies as there are pa rties, plus three (3) additional copies.
SEC. 36. Contents of the resolution. - A resolution shall contain a caption and a body.
SEC. 37. Caption of resolution. - The caption of the resolution shall indicate t he:
a) names of all the complainants and all of the respondents;
b) Case Number, otherwise known as the Investigation Slip Number or 1.8. No .;
c) the offense charged;
d) the date of the filing of the complaint with the office;
e) the date of the assignment of the case to or receipt of the case record by the Investigating Officer; and
f) the date the case was submitted for resolution.
SEC. 38. Names of parties. - The complete names of all the complainants and resp ondents in the case shall be set out in the caption of the resolution. It is not proper to use the phrase "et. al." to refer to other complainants and responden ts.
The name of the victim or injured party, not their representative, shall appear in the caption. In cases referred to the prosecution by the police where there i s no identified victim, as in prohibited drugs cases, the complainant shall be t he police station involved, followed by the name and designation of the police o fficer representing the police station. In homicide or murder cases, the name of the victim or of the complainant shall be in the caption. The heirs or relative s of the slain victim shall be indicated as "Legal heirs of deceased (name or pe rson killed)", represented by "(either the surviving spouse, father or mother)". In the case of a corporation or judicial entity, its corporate name or identity shall be indicated and written as follows. " 'X' Corporation, represented by its (position title), (name of corporate officer)".
SEC. 39. Case number. - The number of a case shall indicate the year and month; it was filed and its entry number in the log book of the office, e.g. 97 (year)-A(month)-024(entry number).
SEC. 40. Designation of offense charged. - For offenses that are punishable unde r the Revised Penal Code, the caption shall set forth the denomination of the of fense and the specific article and paragraph of the statute violated.
Where there is another charge or countercharge in the same case having one case number or in case of a consolidated resolution involving two or more criminal ca ses with two or more docket numbers, the caption shall also contain said informa tion.
SEC. 41. Contents of body of resolution. - In general, the body of resolution sh ould contain:
a) a brief summary of the facts of the case;
b) a concise statement of the issues involved; and
c) the findings and recommendations of the Investigating Prosecutor.
All material details that should be found in the information prepared by the Inv estigating Prosecutor shall be stated in the resolution.
SEC. 42. Parts of a resolution. - As a rule, the body of a resolution is made up of four parts, namely:
a) Part 1 shall state the nature of the case as disclosed in the evidence p resented by the complainant such as his affidavit-complaint, the affidavit of wi tnesses and documentary and physical evidence. The affidavits shall be numbered in the order of the presentation of the prosecution witnesses as disclosed in th e list of witnesses appearing in the information. As for the documentary eviden ce, they shall be alphabetically marked as they would be marked during the pre-t rial and trial stages of the case.
b) Part 2 shall contain the version of complainant of the incident. The pre sentation of the complainant's case should be concise and shall not be cluttered with details that are not necessary to show the elements of the offense.
c) Part 3 shall allege the respondent1s version of the incident. This must also be concise.
d) Part 4 shall contain the discussion, analysis and evaluation by the pros ecutor of the evidence presented by the complainant and the respondent, without relying on the weakness of the defense of the respondent. It shall also contain the conclusion of the prosecutor. The complainant's and respondent's versions of the incident need not be repeated in this part except to point out excerpts rel ating to the existence or absence of the elements of the crime. Citations of pe rtinent laws and jurisprudence should support the conclusions reached. Where num erical values are important, the number shall be written in words and figures. SEC. 43. How recommended hail is written. - The bail recommended in the resoluti on shall be written in words and figures.
SEC. 44. Recommended bail. - The bail recommended in the resolution shall be sta ted in the information, written in words and figures, and initialed by the inves tigating prosecutor.
SEC. 45. Parties to be furnished with a copy of the resolution. - The complete n ames and addresses of the complainant and the respondent shall be set out at the end of the resolution after the signature of the investigating prosecutor and t he head of the Prosecutor's Office concerned under the phrase: "Copy furnished:" .
If the parties are represented by counsel and the latter's appearance is entered formally in the record, the counsel, not the party, shall be given a copy of t he resolution.
SEC. 46. Signature and initials of investigating prosecutor. - The investigating prosecutor shall sign the resolution and if the resolution consists of two or m ore pages, the prosecutor shall initial all of said pages, excluding the signatu re page.
SEC. 47. Records of the case. - The investigating fiscal shall forward his resol ution, together with the complete records of the case, to the Provincial or City Prosecutor or Chief State Prosecutor concerned within five (5) days from the da te of his resolution.
SEC. 48. Action of the Provincial or City Prosecutor or Chief State Prosecutor o n resolution. - The Provincial or City Prosecutor or Chief State Prosecutor conc erned shall act on all resolutions within ten (10) days from receipt thereof by either approving or disapproving the resolution or returning the same to the inv estigating prosecutor for further appropriate action.' 'immediately after approv ing or disapproving the resolution, the Provincial or City Prosecutor or Chief S tate Prosecutor concerned shall transmit a copy of the resolution to the parties .
SEC. 49. Reversal by the Provincial or City Prosecutor or Chief State Prosecutor of resolution of investigating prosecutor. - If the Provincial or City Prosecut or or Chief State Prosecutor reverses the recommendation in the resolution of th e investigating prosecutor, the former may, by himself, file the corresponding i nformation or direct any other assistant prosecutor or state prosecutor, as the case may be, to do so without need of conducting another preliminary investigati on.
SEC. 50. Approval of pleading by head of prosecution office. - A pleading prepar ed by the trial prosecutor, including exparte motions, shall not be filed in cou rt without the prior written approval by the Provincial or City Prosecutor or Ch ief State Prosecutor, as the case may be, of said pleading.
SEC. 51. Motion for reinvestigation, where filed. - Before the arraignment of th e accused, a motion for reinvestigation of the case may be filed with the City/P rovincial Prosecutor, Provided, That when the case has been appealed to the Regi onal State Prosecutor or the Department of Justice, such motion may be filed, re spectively, with the said offices. After arraignment, said motion may only be fi led with the judge hearing the case.
SEC. 52. Confidentiality of resolutions. - All resolutions prepared by an Invest igating Prosecutor after preliminary investigation, whether his recommendation b e for the filing or dismissal of the case, shall be held in strict confidence an d shall not be made known to the parties, their counsel and/or to any unauthoriz ed person until the same shall have been finally acted upon by the Provincial/Ci ty Prosecutor or his duly authorized assistant and approved for promulgation and release to the parties.
Violation of the foregoing shall subject the Investigating Prosecutor or the emp loyee of the office concerned to severe disciplinary action.
SEC. 53. Information/Complaint.- The information/complaint shall be personally a nd directly prepared by the Investigating Prosecutor or such other prosecutor de signated for the purpose and signed by him or the complainant, as the case may b e. It shall state and contain, in addition to the requirements of the Rules of C ourt on the sufficiency of the allegations in an information or complaint, the f ollowing:
b) the age and date of birth of the complainant or the accused, if eighteen (18) years of age or below;
c) the full names and addresses of the parents, custodian or guardian of th e minor complainant or accused, as the case may be;
d) the place where the accused is actually detained;
e) the full names and addresses of the complainant and witnesses; f) a detailed description of the recovered items, if any;
g) the full name and address of the evidence custodian; and h) the bail recommended, if the charge is bailable.
The Investigating Prosecutor shall certify under oath that he or, as shown by th e record, an authorized officer, had personally examined the complainant and his witnesses; that there is reasonable ground to believe that a crime has been com mitted and that the accused is probably guilty thereof; that the accused was inf ormed of the complaint and of the evidence submitted against him and that he was given an opportunity to submit controverting evidence; and that he is filing th e complaint or information with the prior authority and approval of the Provinci al/City Prosecutor concerned.
SEC. 54. Documents to be attached to information/complaint. - An information/com plaint that is filed in court shall, as far as practicable, be accompanied by a copy of the resolution of the Investigating Prosecutor, the complainant's affida vit, the sworn statements of the prosecution's witnesses, the respondent's count er-affidavit and the sworn statements of his witnesses and such other evidence a s may have been taken into account in arriving at a determination of the existen ce of probable cause.
SEC. 55. Promulgation of resolution.- The result of the preliminary investigatio n shall be promulgated by furnishing the parties or their counsel a copy of the resolution by:
a) personal service;
b) registered mail with return card to the complainant, and by ordinary mai l to the respondent, if the resolution is for the dismissal of the complaint; or c) registered mail with return card to the respondent, and by ordinary mail to the complainant, if the resolution is for the indictment of the respondent. SEC. 56. Motion for reconsideration. - A motion for reconsideration may be filed within ten (10) days from receipt of the resolution. The motion shall be verifi ed, addressed to the Provincial/City Prosecutor or the Chief State Prosecutor, a nd accompanied by proof of service of a copy thereof on the opposing party and m ust state clearly and distinctly the grounds relied upon in support of the motio n.
A motion for reconsideration is still part of due process in the preliminary inv estigation. The denial thereof is a reversible error as it constitutes a depriva tion of the respondent's right to a full preliminary investigation preparatory t o the filing of the information against him. The court therefore may not procee d with the arraignment and trial pending resolution of the motion for reconsider ation.
SEC. 57. Inhibition. - A Prosecutor shall inhibit himself from conducting a prel iminary investigation in a case wherein
-a) he or his wife or child is interested as heir, legatee, creditor or othe rwise; or
b) he is related to either affinity or to counsel
c) he has been named counsel. party within the 6th degree of consanguinity or within the 4th degree; or executor, administrator, guardian, trustee or
