RULE 113 – RULE 117

In Cagang, that the preliminary investigation the public prosecution has only 60
days from the date of filing to resolve and after the lapse of the 60 day period,
it is now the duty of the respondent to file a motion to resolve or early
resolution if it is justifiable or the delay is justifiable, it is also the duty of the
public prosecutor to issue a resolution, stating among others what is the cause
of the delay so, both parties has a duty to go forward with their cases. It
develops the doctrine of inordinate delay.

It is always required that a complaint shall always be subscribed the that

public prosecutor and if not, it shall be given due course? No, the provision
under 112 is to the effect that it shall be subscribe to a public officer or in the
absence of the public officer to a notary public. A notary public is an officer of
the court because he is accredited by the executive judge by the RTC. In fact,
if I am filing the case in Mindoro, I am the one notarizing the complaint
affidavit.

Burden of Proof always on the part of the prosecution. All the evidence
presented during the hearing shall be automatically reproduced during trial
proper.

Surety bond, you need to check the website of the Supreme Court to check
whether the surety company is accredited by the Supreme Court.

As far as cash bond is concerned, as a matter of policy, it is 50% off. So

therefore, if the recommended bond is 80K, and you want to post a cash bond,
40 lang yun. You file a motion to the court and you ask the conforme of the
public prosecutor that you will be posting a cash bond.