D.

Resolution of the investigating prosecutor and its review (Section 4, Rule 112)

 If found cause to hold respondent for trial, investigating officer shall prepare the
resolution and information. Otherwise, he shall recommend the dismissal of the
complaint.

 The information shall contain a certification by the investigating officer under

oath in which he shall certify to the ff:

A. That he, or as shown by the record, has personally examined the complaint and
his witnesses;
B. There is reasonable ground to believe that a crime has been committed;
C. That accused is probably guilty thereof;
D. Accused was informed of the complaint and of the evidence submitted against him;
and
E. He was given opportunity to submit controverting evidence.

 Effect of the absence of required certification:

-The information shall be valid for reason that certification is not an essential
part of the information itself and its absence cannot vitiate it as such. (Alvizo v.
Sandiganbayan).

-What is not allowed is the filing of the information without preliminary

investigation having been previously conducted. (People v. Lapura)

 Within five (5) days from his resolution, he shall forward the record of the case to
the:

A. Provincial; or

B. city prosecutor; or

C. chief state prosecutor; or

D. to the Ombudsman or his deputy in cases of offenses cognizable by the

Sandiganbayan

 They shall act on the resolution within ten days from their receipt thereof and shall
immediately inform the parties of such action. no complaint or information may be
filed or dismissed by an investigating officer without the prior WRITTEN
AUTHORITY OF APPROVAL of the officials stated above.

 When recommendation is disapproved

 When the recommendation of the investigating prosecutor for dismissal is
disapproved, he may file the information against the respondent, or direct any other
assistant prosecutor or state prosecutor to do so without conducting another preliminary
investigation.

 Appeals to the Secretary of Justice

APPEAL IS MADE by filing a petition for review with the office of the Secretary
ofthe Department of Justice. The prosecutor’s ruling is reviewable by the Secretary of
Justice who has the power to reverse, modify, or affirm it.

APPEAL shall be taken within 15 days from receipt of the assailed resolution.
(Department Circular No. 70, NPS Rule on Appeal, DOJ)

 Remedy of Respondent

The only proper remedy of respondent against the resolution of the Secretary of
Justice is through a petition for certiorari unde Rule 65 of the Rules of Court, solely
on the ground that the Secretary of Justice committed grabe abuse of discretion
amounting to lack of jurisdiction. It shall be reviewed by the Court of Appeals.

 Appeal to the Office of the President

-MEMORANDUM CIRCULAR NO. 58 provides that appeals for petition for review
of decision/orders/resolutions of the Sec. of Justice are entertained by the Office of the
President on the following CONDITIONS:

A. Offense is punishable by reclusion perpatua to death

B. New and material issues are raised which were not presented before the DOJ
C. Prescription of the offense is not due to lapse within 6 months from notice of the
questioned resolution.
D. Appeal or petition for review is filed within 30 days from notice

-Event of an adverse decision against the appellant: verified petition for

review may be taken to the CA within 15 days from notice of the final
order of the president of the office of the president following Rule 43
Rules of Court procedures.

 Appeals under Rule 43 and Rule 45

1. From the Office of the President:

The aggrieved party may file an appeal with the CA pursuant to Rule 43
2. From the CA:
The party aggrieved may avail an appeal by certiorari to the Supreme Court under
Rule 45