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RESOLUTION OF THE PROSECUTOR.
- After the submission of all the pleadings by the parties, the case under preliminary investigation shall now be deemed submitted for resolution of the investigating prosecutor/investigating judge.
- The investigating prosecutor/investigating judge would then evaluate the case based on the allegations of the complainant/s contained in his complaint affidavit and reply-affidavit and the allegations of the respondent/s contained in his counter-affidavit and rejoinder-affidavit, whether there is a sufficient ground to warrant the filing of criminal charge/s against the respondent/s in court or the dismissal of the case.
- In determining whether or not to file a case against the respondent/s, the prosecutor's findings must be based on sufficient grounds to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof. The investigation or inquiry conducted by the prosecutor is only considered "preliminary" considering that it is only the
Chapter 3
Resolution of the prosecutor
At the end of this chapter the student should be able to: Define Resolution Enumerate the Resolution of the Prosecutor Understand Resolution and Information
determination of probable cause or probability that a crime was committed and the author thereof was the respondent
- The nature of the proceedings before the investigating prosecutor is not for the full and exhaustive display of the evidence of the parties; it is only for the presentation of such evidence that would establish a well-founded belief that a crime has been committed and the respondent is probably guilty thereof.
- The decision of the investigating prosecutor in the preliminary investigation is called RESOLUTION.
- Section 4, Rule 112, Rules of Criminal Procedure provides as follow:
"Section 4. Resolution of investigating prosecutor and its review. - If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the information that he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesses; that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof; that the accused was informed of the complaint and of the evidence submitted against him; and that he was given an opportunity to submit controverting evidence. Otherwise, he shall recommend the dismissal of the complaint. "Within five (5) days from his resolution, he shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such action.
informed of the complaint and of the evidence submitted against him; and (f) that he was given an opportunity to submit controverting evidence.
- Otherwise stated, if investigating prosecutor found out that there is NO sufficient ground to engender a well-grounded belief that a crime has been committed and the respondent is probably not guilty thereof, he would only prepare the RESOLUTION- recommending the dismissal of criminal charge/s against the respondent/s.
10.RESOLUTION OF THE INVESTIGATING PROSECUTOR SUBJECT TO
REVIEW:
The investigating prosecutor within five (5) days from his resolution, shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such action.
11.No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy.
12.APPEAL TO THE SECRETARY OF JUSTICE:
Under Department of Justice Circular No. 70, dated July 3, 2000, from the resolutions of prosecutors in cases subject of preliminary investigation/ reinvestigation, an appeal may be taken by the aggrieved party to the Secretary of justice within 15 days from his receipt of the resolution, or of the denial of the timely motion for reconsideration/reinvestigation.
13.In cases where the preliminary investigation of the case was conducted by a judge as provided under Section 2(b) of Rule 112, Rules of Criminal Procedure, the resolution or findings of the investigating judge shall be submitted for review.
14.Section 5, Rule 112 of the Rules of Criminal Procedure provides the guidelines in the review of resolution of investigating judge who conducted preliminary investigation: “Section 5. Resolution of investigating judge and its review. Within ten (10) days after the preliminary investigation, the investigating judge shall transmit the resolution of the case to the provincial or city prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction, for appropriate action. The resolution shall state the findings of facts and the law supporting his action, together with the record of the case which shall include: (a) the warrant, if the arrest is by virtue of a warrant; (b) the affidavits, counter affidavits and other supporting evidence of the parties; (c) the undertaking or bail of the accused and the order for his release; (d) the transcripts of the proceedings during the preliminary investigation; and (e) the order of cancellation of his bail bond, if the resolution is for the dismissal of the complaint. "Within thirty (30) days from receipt of the records, the provincial or city prosecutor, or the Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating judge on the existence of probable cause. Their ruling shall expressly and clearly state the facts and the law on which it is based and the parties shall be furnished with copies thereof. They shall order the release of an accused who is detained if no probable cause is found against him.
15.ROLE OF MUNICIPAL JUDGES IN THE CONDUCT OF PRELIMINARY
INVESTIGATION:
A municipal judge conducting a preliminary investigation has no legal authority to determine the character of the crime but only to
- The office of the clerk of court where the case is filed will then docket the same and assign a case number to it.
- It will then schedule all the cases received by it for raffle to determine which branch of the court the case will be assigned.
- After the raffle of the case, the specific branch of court where will it be assigned will now be determined, the office of the clerk of court will forward the entire records of the case to said court.
- In case there is only a single sala court in the locality where the information was filed, the clerk will just assign a case number and the same will be automatically assigned to it,
- After the receipt of the entire records of the case, the court will now determine the propriety of issuing a warrant of arrest against the accused. If the information provides for the amount of bail, the accused can post the required amount for his provisional liberty.
- However, if the information does not specify the posting of bail or bail is not required by the court, it will not issue a warrant of arrest. The court will issue a notice of arraignment informing the accused of the date of arraignment.
References:
Atty. Ronaldo Jimenez Pineda Practice Court - PCCR
