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Republic of the Philippines

8th Judicial Region

Criminal Case No. ___________
Accused, through counsel de parte, ___________, filed a Motion for
Reinvestigation alleging that this case was already dismissed before the
Office of the City Prosecutor in its Resolution dated _________. The
People counters that the cited resolution was superseded by another one
after conducting another inspection and investigation on the subject
structure which shows that accused continued construction of the subject
building after its building permit was revoked on ______________.
At any rate, preliminary investigation is a matter of right only for an
offense where the penalty prescribed by law is at least four (4) years, two
(2) months and one (1) day without regard to the fine. In this case, the
accused is charged of a statutory offense with a penalty of fine of not more
than twenty thousand pesos or by imprisonment of not more than two years
or by both such fine and imprisonment, as provided under Section 213 of
P.D. No. 1096. Hence, accused has no legal basis to insist on the conduct
of a preliminary investigation.
If the prosecution had conducted a preliminary investigation and
issued a resolution of dismissal but reconsiders it by filing another one
without a second preliminary investigation, it is the offices sole prerogative
and nothing is irregular about it. Anyway, the accuseds defenses may be
adequately raised and heard before the court as part of due process.
WHEREFORE, the motion for reinvestigation is denied for lack of
IN CHAMBERS, this _________, at __________ City.
Presiding Judge

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