REVISED MANUAL FOR PROSECUTOR Py aa VOLUME TN a.REVISED MANUAL FOR PROSECUTORS 2017 EDITION VOLUME 1‘TABLE OF CONTENTS Volume I FOREWORD ACKNOWLEDGEMENT DEPARTMENT ORDER Chapter I PROSECUTION OF OFFENSES 41.1.General Principles Chapter If SUMMARY INVESTIGATION 2.4.General Rules 3 24.1 Summary Investigation 2a.2 Summary Procedure 2.2.Coverage 2.3.Procedure Chapter HIT INQUEST PROCEEDINGS 3a1.General Principles 3a. Concept a2 Coverage 34.3 Designation of an Inquest Prosecutor 344 Venue Of Inquest Cases 3a5 Date and Time of the Conduct of Inquest Proceedings 3.2,Procedure 3.24 Commencement 3.2.2 Incomplete Documents 9.23 Instances Where the Presence of the Detained Person is Dispensed with 3:24 Charges and Counter-Charges 3:25 Determination of the Arrest by the Inquest Prosecutor 3.2.6 Where the Arrest of the Detained Person ‘Was Properly Effected 3.2.7 Where the Arrest of the Detained Person Was Not Properly Effected. ee Fhe eee YN aeow w& 1032.8 Release of Detained Person for Further Investigation 3.3-Inquest Proper 3.3. Action To Be Taken When There is a Finding of Probable Cause 89.2 Action To Be Taken When There is an Absence of Probable Cause 3.3.3 Action To BeTaken When the Arrested Person Executes a Waiver of Article 125 of the Revised Penal Code 33-4 Contents ofthe Information 3.35 Delegation of Authority to Approve Information 3.3.6 Posting of Bail bythe Arrested/Detained Person 3.4. Termination of Inquest Proceedings 3.4.1 Factors to be Considered in Determining Whether or Not Article 125 of the Revised Penal Code Has Been Violated 3.4.2 Applicability of the period preseribed in Asticle 225 of the Revised Penal Code 3:43 For Dismissed Cases Subject For Automatic Review By the Secretary of Justice 3.5-Other Matters 9.5. Presence ofthe Inquest Prosecutor at the Crime Scene 3.5.2 Sandiganbayan Cases 3.5 Recovered Articles 3.5.3.1 Responsibility of the Inquest Prosecutor 3.53.2 Deposit of Recovered Articles/Properties 3.5.3.3 Release of Recovered Articles 9.6.Relevant Jurisprudence Chapter IV PRELIMINARY INVESTIGATION 4.1.General Principles 41 Concept 4.2 Quantum of Evidence Required is Probable Cause 10 10 12 12 2 13 3 33 5 6 16 16 16 6 16 ” 22 22 22 22 4.3, No Fixed Formula for Determining Probable Cause 4a.4 Sound Discretion of the Prosecutor 4.2. Purposes of a Preliminary Investigation 4.24 Double Jeopardy in Pretiminary Investigation 4.3. Nature of a Preliminary Investigation 4. Itisan Exeeutive Function 4.3.2 Itis Preliminary in Nature 4.33. Itisa Summary and Inguisitorial Proceeding 4344 Itisnot a Judicial Inquiry or Proceeding 4.4, Right to Preliminary Investigation 44a. Tis Not a Constitutional Right 4.4.2. ItisMerely a Statutory Grant 4.43, Itisa Personal Right 4.4.4, Teis a Substantive Right 4.5. Coverage 4.6. Officers Authorized to Conduct Preliminary investigations 47. Procedure 4.7.4 Commencement of the Preliminary Investigation 4.72 Contents of the Complaint ar 28 28 29, 4.7.3. Number of Copies of Affidavits; Other Requirements 29 4:7-4 Initial Action by the Investigating Prosecutor ‘on the Complaint Filed 4.78 Service of Subpoena to the Parties 4.7.5. Te Prevent Loss of Documents 4.75522 Service to a Respondent Residing in a Distant Place 4.75.3 Where Respondent Cannot Be Subpoenaed or if Subpoenaed Does Not Submit Counter-Affidavit 4.7.5.4 Objects as Evidence 4:76 Submission of the Counter-Affidavit/s by the Respondent/s 30 32 33 34 34 34 35 im47.6.1 Extension of Time Within Which to Submit Respondent's Counter-Affidavit 3g 476.2 Filing of a Motion To Dismiss in Lien of a Counter-Affidavit 477 Suspension of Proceedings Due to the Existence ofa 4-7-2 Promulgation of the Resolution; Modes of Service 4:7:24 Rules in Filing of Information in Court 4.7.25 Ona Motion for Reconsideration 4.7.26 Action on a Reinvestigation 4.7-26.1 Instances When a Reinvestigation 52 53 53 54 55 Prejudicial Question 7 ‘May Be Conducted 4.7.74 Concept 7 4.8. Relevant Jurisprudence 47.7.2 Blements of a Prejudicial Question 38 E 4-779 Issuance of an Order Suspending the . Chapter V ARREST Proceeding Duet the Euistenceof« i 5: Remedy ofthe Prosecutor When No Prejudicial Question; Written Approval ‘Warrant of Arrest Was Issued by the Judge of the Head of Office Required 38 5.2. Request for a Copy of the Return 478 When to Set Casefor Claificatory Questioning 98 5.3. Relevant Jurisprudence 4-7-84No Rightto Examine or Cross-Examine 39 47.8.2 Record/Notes During the Clevifieatory Chapter Vi BATL Hearing 39 ‘6.1. Concept 4.7.8.3 Right to Counsel 39 6.1 Purpose of Bail 479 When to Allow the Filing of Reply-Affidavits, 6a.2 Nature of the Right to Bail Rejoinders and Memoranda 39 643 Basis of Bal 4720 When Complaints May be Consolidated 40 6.1.4 Bail, a Matter of Right 4741. Submission of the Case Fox Resolution 40 64.5 Bail, When Discretionary 4:72 Preparation of the Resolution a 62.6 When Bail is not Required 4743 Form ofthe Resolution and 6.2. Daties of a Prosecutor Number of Copies 42 474 Petiod to Conduct the Preliminary Investigation 4g 4725 Transmittal ofthe Recommendatory Resolution and Information Together with the Complete Record of the Case 46 76 Preparation of the Information 46 4747 Form of the Information 46 4-738 Sufficiency of the Information “7 47.9 Documents to be Attached to the Information 50 4-7:20 Confidentiality of Resolutions 50 47-21 Action of the Prosecutor General or Provincial/City Prosecutor on the Recommendatory Resolution a 47-22 Re-Opening of the Preliminary Investigation 5 6.3. Right to Notice 6.4, Right to Bail in Inquest Cases 6.5. Posting of Bail by the Arrested/Detained Person 6.6. Criteria in Recommending the Amount of Bail 6.7. Rules in Computing the Bail To Be Recommended 6.8, Hearing on Petition for Bail is Required in ‘Non-Bailable Offenses 6.81 Exception 6.9. Right of the Prosecution to Present All Evidence During the Bail Hearing 6.10. Effect of a Denial of the Opportunity to Present Evidence for Purposes of the Petition for Bail ry 69 696:11.Petition for Bail in Continuous Trial 6.12. Cancellation of the Bail Bond 6.13. Other Matters 71 6.13.1. Release on Recognizance; Guidelines 6.13.2 Requirements for the Grant of Recognizance Under Republic Act No, 6036 6.14,Relevant Jurisprudence Chapter VI ARRAIGNMENT 74.Concept 7.2.Duties of the Trial Proseeutor 7-Relevant Jurisprudence Chapter VOI PLEA BARGAINING 8a.Concept 8.2.Applicable Rules 8.2.1 Plea Bargaining Except in Drug Cases 8.2.2 Plea of Guilt to the Crime Charged fn the Information 8.2.9 Where No Plea Bargaining or Plea Of Guilt Takes Place 8.2.4 When the Accused Pleads Guilty to a Lesser Offense 8.25 When a Plea of Guilty is Allowed 8.2.6 When a Plea Of Guilty toa Lesser Offense is Not Allowed 8.2.7 When Accused Pleads Guilty to a Capital Offense 8.3.Relevant Jurisprudence ‘Chapter IX. PRE-TRIAL CONFERENCE 9..Concept 9-2.Guidelines Under the Continuous Trial of Criminal Cases 9.8-Subject Matters of a Pre-Trial Conference ‘9-4-Non-Appearance at the Pre-Trial Conference 9.6.Duties of the Proseeutor 6 za n 7 ag ” 79 es & & ChapterX TRIAL 10.1. Concept 10.2. Trial Preparation 10.3. Going to Trial 20.3.1 Concept 10.3.2 Order of the Presentation of Witnesses 10.3.3 Offer of Exhibit 10.3.4 Defense Evidence 10.3.5 Admission to the Witness Protection Program ‘of an Accused Who Has Been Discharged 30.3.6 Other Persons Who May Avail of the fitness Protection Program 10.3.7 Discharge of Accused to be State Witness 10.3.8 Motions for Postponement by the Accused 10.3.9 Discontinuance of Proceedings 10.3.10 Presentation of Evidence 10.4. Trial Proper 30.4.1 Guidelines Under the Continuous Trial 10.5. Order of Trial 10.6. Presentation of Witnesses 10.7. Conducting Direct Examination 10.7.1 How to Conduct Direct Examination 10.8. Conducting Cross-Examination 30.8.1 Purposes of Cross-Examination, 30.8.2 How to Conduct the Cross-Examination 10.9. Rebuttal Evidence 10.10. Request for Subpoena 10.11, Castody of Physical and Real Evidence Pending Trial 10.12, Relevant Jurisprudence Chapter XI APPEAL/PETITION FOR REVIEW a, What May Be Appealed 11.2. Where to File 11.3. Period to File 83 83, 83, 85, 85, 86 86 86 87 87 88 89 89 89 89 90 ae 7 97 7 100 300 300 101 104 104, 104 104 vi11.4.Howto File 11.5.Form and Contents 11.6. Requirements 117 Effect of Failure to Comply with the Procedures and Requirements 33.8, When an Information Has Been Filed in Court, 411.9. Appellee’s Comment 1,10. Effect of Filing an Appeal 11.11, Disposition on the Appeal 1.12, Outright Dismissal 41.13. Withdrawal of the Petition for Review/Appeal 111.14. Motion for Reconsideration 11.15.Reinvestigation 1.15.1 Motion for Reinvestigation Pending Appeal 11.15.2.1.When an Information Has Been Filed in Court 11.5.1.2 When an Information Has Not Yet Been Filed in Court 11.16. Relevant Jurispradence Chapter XII PETITION FOR CERTIORARI 12 Grounds for Filing Petition for Certiorati 12.2.Coverage 32.,Period to File Petition for Certiorari 12.4, Contents of the Petition for Certiorari 12.5.Action to be Taken by the Trial Prosecutor 12.6.Action of the Prosecutor General APPENDICES Appendix A Revised Rules on Summary Procedure for Metropolitan Trial Courts, Municipal ‘Trial Courts and Municipal Cizeuit Trial Courts 105 105 106 107 307 108 108 108 309 109 309 109 uo 10 no 10 3, ng 4g, 3, ug ag 4 Appendix B DOJ Circular No. 39 s. 2007 entitle, “Rules ‘on Inquest With Respect to Children in Conflict with the Law as defined Under Republic Act No. 9344, otherwise known as the “Juvenile Justice and Welfare Act of 2006" Appendix C DOJ Circular No. 98, s. 2010 entitled, “automatic Review of Anti-Smuggling Cases” Appendix D DOJ Circular No. 004, 5, 2017 entitled, “Automatic Review of Dismissed Cases Involving RA. No. 9165" Appendix E Republic Act No. 6036 otherwise known as, “An Act Providing That Bail Shall Not, With Certain Exceptions, Be Required in Cases of ‘Violations of Muntetpal oF City Ordinances and In Criminal Offenses When the Prescribed Penalty For Such Offenses Is Not Higher Than Arresto Mayor and/or a Fine of Two Thousand Pesos or Both" Appendix F AM, No. 15-06-10-SC entitled, “Revised Guidelines for Continuous Trisl of Criminal Cases” Appendix G Republic Act No. 4908 otherwise known as “Am Act Requiring Judges of Courts to Speedily Try Criminal Cases Wherein the Offended Party is a Person about to Depart from the Philippines with No Definite Date of Return” 2 4 16 63,Appendix H Rules and Regulations on the Reporting and Investigation of Child Abuse Cases issued pursuant to Section 32 of R.A. No. 7610, otherwise known as "The Child Abuse Act” Appendix I DOJ Circular No. 70, dated July 3, 2000 entitled, “2000 NPS Rules on Appeal” Appendix J DOJ Circular No. 70-A, dated July 10, 2000 entitled, “Delegation of Authority to Regional State Prosecutors to Resolve Appeals in certain cases.” Appendix K DOJ Cireular No. 003 dated January 04, 2017 entitled, “Guidelines on the disposition of the Petitions for Review/Automatic Review/Appealed cases fled from July 3, 2016 onwards and delegation of authority to sign.or approve decisions and resolutions thereof” Appendix 1 DOJ Circular No, 018 dated March 8, 2017 entitled, “Rule on Eleetronie Filing of Petition for Review" % FOREWORD ‘The National Prosecution Service (NPS) sits atthe forefront oF our country's criminal Justice system. Aside from Rs duty to investigate and prosecute cases involving Violation of penal laws, iis also mandated to ensure thatthe delivery of criminal justice Is effective, efficient and equitable. Thus, given these formidable tasks, our prosecutors deserve to be provided with prudent guidance, support and necessary Work tools in order for them to full their mandates. ‘Moreover, it i equally Important. that our prosecution offices. observe uniform procedures 2s. the ‘2dministration of Justice impacts on the rights of people to equal protection of our laws. And this Manuel for Prosecutors is intended to benefit both — our prosecutors, andthe Fipno peepie. ‘After the 2008 Prosecutors! Manual was printed, a lot has changed In the arena of criminal law’ and procedure = various special penal laws wire enacted, new and special procedures were issued, and various important juisprudences had emerged. It's ferventy hoped that al these developments had been addressed in this 2017 Edition of the Manual, which now const oF trge (3) separate volumes that are meant to be a handy reference toc for our prosecutors. Volume T of this Manual contains the basic principles of criminal procedure from inquest and preliminary Iivestigatons, to pettions for revlew or appeals including, petions for cercere, UP ta the tril proper. Second, the entire Volume Il contais the Elements of Crimes Under the Revised Penal Code and some special penal laws, including the important ciscussions on some highly technical and emerging areas'of criminal fa. Fialy, relevant issuances of tie Department in the recent past, and sample resolutions, informations, forms and templates, among others, are included in Volume TI. 1 commend the Technical Working Group for accomplishing the daunting task of Updating and revising the Prosecutors’ Manual, Their zealous dedication end diigent ‘efforts in the preparation ofthis significant work tool fer our prosecutors are truly laudable. May this Manual serve a5 a constant reminder to all the offdals and personnel of the Netlonal Prosecution Service, and perhaps to al Justice workers in te country for that matter, of our mission to harmoniously work together towards @ just and peaceful society. And should this Manual fais at times to address some issues and situations by reason of its peculiarity, we must remain steadfast on our fthful ‘compliance fo the fundamentals of justice and the rule of lv. ‘Altogether towards a better DO3! VITALIANOWNSAGUTRRE ITACKNOWLEDGMENT ‘This 2017 Edition of the Revised Manuel for Prosecutors is a product if of a series of consultations, write shops and validation workshops that involved the assistance and participation of individuals and institutions whose support and contributions are sincerely appreciated and gratefully acknowledged. First, to the following: + The Bureau of International Narcotics and Law Enforcement ‘Affairs of the Department of State (INL), U.S. Embassy, Manila, headed by its Ditector, Brendon Hudspeth, and INL Program Assistant Atty. Chudney Ngo, for providing funding support for the production of this Manual, i + The International Development Law Organization (IDLO), through its Senior Program Development Specialist, Mr. Ted Hill and IDL0’s Fielé Program Coordinator, Atty. Cathleen Caga-anan, which served as INL's institutional partner in this projeet; + The American Bar Association-Rule of Law Initiative (ABA-ROLD, IDLO's implementing partner, headed by its Country Director, Mr. | Robert La Mont, and hiis team headed by Senior Program ‘Manager, Ms. Maria Jane Angela Isabel C. Odulio, and Senior Legal Adviser, Ms. Genan Zilkha; * Former Prosecutor General Claro A. Arellano who originally roposed this project; * Former Prosecutor General Victor C. Sepulveda and Acting Prosecutor General Jorge G. Catalan, Jr., who both lent invaluable assistance and support to the completion of the project. * The consultant-writers, Atty. Jude Romano, Criminal Law Expert; Atty. Renato Lopez Jz. , Legal Ethies and Writing Forms Expert; Atty. Patricia Sison Arroyo, Gender Specialist, Atty, Jose Jesus \ Disini, Cybercrime Expert, Atty. Anthony A. Abad, Competition i Expert and Atty. Estela Valdez Sales, Tax Expert, who have greatly : contributed and shared their legal expertise to the successful | development of this Manual. | | si | Second, to the following, whose active participation and perceptive observations, suggestions, comments and valuable insights based on ‘their extensive experiences contributed signifieantly to the spirited and fruitfal diseussfons during the consultations and validation sessions that brought to fore various issues: + SDSP Richard Anthony D. Fadullon = DOJ Proper + OIC-SDSP Emilie Fe M. Delos Santos - DOJ Proper + SASP Blizabeth I. Santos =DOJ Proper + SASP Deana P. Perer -DOJ Proper + CP Mari Elvira B. Herrera = OCP- Antipolo City + CP Ferdinand U. Valbuena + OCP-Caloocan City + CP Marylin Cynthia Fatima M, Luang - OCP- Las Pifias City + SACP Alex G. Bageoisan ~ OCP- Makati City + CT Renmet D. Evangelista ~OCP- Malabon City + SACP Elinore Aquino-Laluces OCP Mandaloyong Cy + DCP Jessica Junsay-Ong = OCP- Manila + CPJason A. Amante = OCP -Marikina City + CP Aileen Marie S. Gutierrez, -OCP- Muntinlupa City + CP Amethassan C. Paudac = OCP- Parafiaque City + CP Jacinto G. Ang = OCP- Pasig City + DOP Alfredo Agcaoili = OCP- Quezon City + DCP Ireneo M. Ouintano -OCP- San Juan City + CP Lemuel B. Noblera + OCP- Valenzuela + PP Raymond Jonathan B. Lledo ~OPP- Rizal + RP Nonnatus Caesar R. Rojes ~ ORP- Region I + RP Rommel C. Baligod - ORP- Region II + RP Jesus C, Simbolan ~ORP- Region Ill + SARP Josef Albert T. Comilang ~ ORP- Region IV + RP Mary May B. De Leoz ~ ORP- Region V + ARP Louie L. Doligosa = ORP- Region VI + RP Fernando K. Gubalane ~ORP- Region Vit + RP Irwin A. Maraya - ORP- Region VII + RPPeter L Medalle -ORP- Region IX + ARP Irene A. Meso - ORP- Region X + RP Janet Grace D, Fabrero - ORP- Region XI + DRP Barbara Mae Flores - ORP- Region XI + RPAIP. Calica ~ ORP-Region XII + RP John S. Megdaraog - ORP- Region XII + RP Ramy L. Cuiling -ORP-ARMM‘Third, to the various Provincial and City Prosecution Offices which sent in their comments and suggestions for this Manual revision; Director Ryan Thomas who contributed his ideas in the methodology; Ms. Marilou Santes of the DOM Library; Mr. Russel Trasmonte of the DOJ-Management Information Services, for the cover design of this ‘Manual; and the law students-trainees who helped in the collation of these inputs and did research work, namely: Mr. Francis Puno, Ms. Jennifer Guinanao, Mr. Adrian M. Dela Cruz, Ms. Maria Vietoria Castillo, Ms. Kristina Lara and Ms. Angela Sharmaine Rosales, Fourth, to the members of the Technical Working Group created Pursuant to Department Order No. 605 dated September 14, 2017 whose painstaking determination, dedication and enthusiasm powered their team effort in consolidating all the materials; presenting the ‘matrices during the validation sessfon; reviewing and eondueting write ‘Shop sessions and editing the final mock-ups of the three (3) volumes until the completion of this Manual. Finally, to Undersecretary Antonio T. Kho, Jr. for his guidance and ‘support to the Technical Working Group. Repo Pie KAGAWWAIAN NC KATARUNGAN Depermen of ence oeantmenoroer no, 60 5 SUBJECT: CONSTITUTION OF THE TECHNICAL WORKING GROUP IN ‘UPDATING THE 2008 REVISED MANUAL FOR PROSECUTORS. pare + sep tian In the hnterest ofthe service and pursuant to Department Order No. 359 dated May 10, 2016, tie Specs! Projects Divsion ts hereby constiuted as the Techical ‘rking Group (TW) inthe preparation ofthe updated Manual for Prosecutor, ‘There Is 2 need to update the 2008 Revised Manual for Prosecutors to help oreo staat the. croatia ing and pcatres Considering that varons penal ws wate Paarted” new ae spacial procesuter Ware ‘Ssued; and several Importetjursprudance hac emerges. Gven the challenging tases of prosecitors, they deserve to be glven the necessary gudance, assistance and essellal work fools that wep them fl Ue mandate ‘The Technkal Werkng Group Is hereby consttuted a6 foows: Chalrperson: ‘SDSP Severino H. Gai, 3. Vice Chatperson: ‘SASPJoseltaD. Mendoza Members: ‘SASP Hara C, Decena-Valder 82 Saming & Macabardo-Usman ‘A Clare EuracP. Pegayenan [ASP Rosemarie 6. Gonzales ‘ASP Katheryn Nay C. Penaco Rojas ASP Romeo D. Galvez ‘ASP oy A. Tabada ‘The Technical Working Group sal be assisted by a Sacetaat, vie: May An C concepcon, reco H. Macangiay ane Ghieina Habona. ~‘The took ofthe Technical Working Group I to develop an updeted versen ofthe 2008 Ree Marval for Prosecutors by gathering Inpurs tom the clferent fel Prosenton offers; renewing and assessing the existing ules and pots; and ardctg the necessary evluaton and velation of he sai Manvel nated, ‘The Techies Working Group shal preprethe drat updated Manvel and forword the samo te Prosecutor General fers appropiate endorsement the Office of te Secretary of ste, trough Undersecretary antonio T. Ko. Tis Denier re atta eect ety an shal ence ‘further orders. e nae VITALANO i. KOUIRRE CHAPTER Fetes PROSECUTION OF OFFENSES’ + ous Seetion's.1. General Principles. ~ 7 “ 4.11 “The prosecution of crimes appertains to the executive depanmeat of the government whose principal power and responsibility 1; to see that our laws are faithfully exeented. A necessary component of this power to execute our laws is the right to prosecute their violators. The right to prosecute vests, the prosecutor with a wide range of discretion the discretion ‘of whether, what and whom to charge, the exercise of which depends on a smorgasbord of factors which are best appreciated by prosecutors.” 4.1.2, “The fact that the DOJ is the primary prosecution arm of the Government does not make it a quasi-judicial office ‘or agency. Its preliminary investigation of cases is not a quasi- Judicial proceeding. Nor does the DOJ exereise a quasi-judicial function when it reviews the findings of a public prosecutor on the finding of probable causa in any ease.”* 4.1.3. The prosecution of cases shall be under the direct control and supervision of the prosecutor.) While he/she may ‘tumover the actual prosecution of the eriminal case to a private prosecutor, itis necessary that he/she be present atthe trial until ‘the final termination of the case; otherwise, if he/she is absent, it ‘cannot be gainsaid that the trial is under his/her supervision and control 4.1.4. "The public prosecutor may turn over the actual prosecution of the eriminal case to the private prosecutor, in the exercise of his discretion, but he may, at any time, take over the actual conduct of the tral."* 1.1.5. A publie prosecutor, by the nature of his/her office, is under no compulsion to file a criminal information where ‘Seber v People, GR. No, 15629, Cetber 5, 2005, be Limo w Rees, GR, No, 20530, January 2, 2018 a »Saction 5, ule 10, Raised Rules of Cina Procedure. “noite Produ Inv Umerowe, GR. Ne 348987, March & 2005, ‘Mevsec Mrual for Proseevtors Volume'l «2017 Edson 4no clear legal justification has been shown, and no sufficient evidence of guilt nor prima facie case has been established by the complaining party.* 1.1.6. ‘The prosecution office has no more control over cases filed in court; thus, a motion for reinvestigation should be addressed to the trial judge.* San Miguel Pore, GR Mo, 66836, September 42013, "hzor Peni, GR Wo. 149301, ums, 205, 2 Revised Manual for Prosecutors Volume | -2017 Edtion CHAPTER It SUMMARY INVESTIGATION Section 2.1. General Rules. — ut Summary Investigation. — refers to the investigation condueted by the prosecutor to determine the existence or non-existence of probable cause in cases that do not require preliminary investigation, those involving offenses in which the prescribed penalty of imprisonment does not exceed four (4) years and two (2) months and one (x) day, regardless of the fine? 2.2. Summary Procedure. — refers to the court procedure in criminal cases covered by the Rules on Summary Procedure,* as amended, involving offenses in which the penalty prescribed by law does not exceed six(6) months of imprisonment, ora fine not exceeding One Thousand Pesos (Php1,000.00). Section 2.2, Coverage. — 2.2.1. All offenses punishable by imprisonment of less than four (4) years, two (2) months and one (3) day, viz: Violations of Traffic Laws, Rules and Regulations; Violations of the Rental Law; Violations of Municfpal or City Ordinanees; AIL other criminal eases where the penalty prescribed by law for the offense charged is imprisonment uot exceeding six months, oF fa fine not exceeding One Thousand Pesos {Php1,000.00), or both, irrespective of other imposable penalties, accessory or otherwise, or of the civil liability arising therefrom; Provided, however, that in offenses involving damage to property through criminal negligence, this rule ‘Section 6 le 12, Revised ules of rina Procure. ‘Rasoluton ofthe Supeme Court En Bane dated October 25,1961, “Proving forthe Reed ue on Summary Procedure for Metropeltan Trial Courts, Mica Wal Cours and Munk ‘Cut Wl Court” (ee Appenei A) Revised Manual for Prosecutors Volume 12017 Elton 3ashall govern where the imposable fine does not exceed Ten Thousand Pesos (Php10,000.00).. 2,23. Offenses with si (6) months imprisonment and/or fine cof One Thousand Pesos (Php1,000.00): + Art.1g0 Searching Domicile Without Witnesses ‘Art.14q— Disturbance of Proceedings * Artigt Resistance “and Disobedience to a Person in Authority or the Agents of Such: + Artas3 - Tumults and Other Disturbances of Public Order + Art.1s4 Unlawful Use of Means of Publication and Unlawful Utterances + Arti55 - Alarms and Scandals) + Art.i75 — Using False Certificates + arti78 — Using Fictitious Name and Coneealing ‘True Name + Art.279 — Mlegal Use of Uniforms‘and Insignia + Art.200 — Grave Scandal + Axt.202 — Vagrants and Prostitutes (partially repealed by R.A.No.10158) + Art2x7 — Abandonment of Minor by Person Entrusted With His Custody + Art.265 — Less Serious Physical Injuries + Art.266 Slight Physical Injuries + Art.239 - Unlawful Arrest vsilrt.275 | — Abandonment of Helpless Person + Att.276 — Abandoning a Minor (Paragraph 1) + Aft-281 Other Forms of Trespass + Art. 382 - Grave Threats (Paragraph 2 (Without sCondition)) «= Art.283 ‘Light Threats“) + Art.285 Other LighbTheeats + Art. 286 - Grave Coerciox * + Art.287 — Light Coercion + Art.288 - OtherSimilar Coercion © Are289 - Formation, Maintenance and Prohibition of Combination or Capital or Labor thru Violence or Threats Revised Mara! er Prosecutors Volume 1 -2017 Eaton = Art.290- Discovery of Secrets thru Seizure of Correspondence (Paragraph 2) Art.291 ~ Revealing Secrets with Abuse of Office Art. 308 — Theft if the amount involved does not exceed Php50.00 + Art.gi2 ~ Occupation of Real Property or Reel Rights in Property * Art.31g - Estafa involving Php200.00 + Art. 317 — Swindling of Minor + Art. 318 — Other Deceits + Art 329 — Other Mischief (Malicious Mischief) + Art.338 - Simple Seduction © Art.339 — Acts of Lasciviousness with the Consent of the Offended Party + Art.358 - Light Oral Defamation (and Paragraph) ¢ Art 363 - Incriminating Innocent Person + Art 364 - Inteiguing against Honor + Art.g89 — Light Slander by Deed (and Peragroph) Section 2.3. Procedure. — Within ten (10) days from assignment of ‘the complaint, the investigatiig prosecutor shall initiate the following ‘Act on the complaint based on the affidavits and other supporting documents submitted by the complainant; Prepare @ brief resolution recommending the dismissal of the complainhfor the approval ofthe Prosecutor General or Provincial/City Prosecutor if he/she finds no probable cause; Prepare a resolution and the corresponding Information for the approval of the, Prosecutor General or Provincial/City Prosecutor if he/she finds sufficient ground to engender a ‘well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for ‘ial and File the Information in courtif the resolution is approved. The Information shall contain a certification that a preliminary {investigation has been conducted. Revised Manua! for Prosecutors Voume 1-2017 Eon 5Where the prosecutor opts to conduct preliminary investigation, he/she shall follow the procedure under Chapter IV of this Manual. Revised Manus for Prosecutors Volume 12017 Eton CHAPTER IL INQUEST PROCEEDINGS Section 3.1. General Principles ~ Bt. Concept. ~ An inquest procee an informal and summary investigation condueted by a public prosecutor in ‘riminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not these persons should reraain under custody and correspondingly be charged in court. ~ The conduct of inquest proceedings a. Alloffenses covered under the Revised Penal Code and special laws, rules and regulations which requires a preliminary investigation; b. Where respondentisa minor (below cighteen [18] years ole), the inquest proceedings shall cover only offenses punishableby imprisonmentotnotlessthansix(6)years and one (1) day, provided that no inquest investigation shall be conducted unless the child-respondent shall have first undergone the requisite proceedings before the Local Socal Welfare Development Officer pursuant to the Rules on Inquest with Respect to Children in Conilict With the Law (CICL). $1.3. Designation of an Inquest Prosecutor, ~ The Prosecutor General or the Provincial/City Prosecutor. shall designate the prosecutors assigned to inquest duties and their schedule of assignments. $.tg. Venue ofInquest Cases.— Unless otherwise directed by the Prosecutor General or the Provincial/City Prosecutor, ‘those assigned to inquest duties shall discharge their functions during the hours of their designated assignments at the office of the inquest prosecutor in order to expedite and facilitate the disposition of inquest cases, unless otherwise directed by the Head of Office. Revised Manus for Prosecutors Volume = 2017 Elton 7$1.5. Date and Time of the Conduct of Inquest Proceedings. ~ Inquest proceedings shall be conducted during regular office hours, or on such time as the circumstances s0 require. Section3.2, Procedure. — All complaints for inquest shall be received and docketed by the prosecution office concerned. 3.2.1, Commencement. ~ The inquest proceedings shall be considered commenced upon receipt by the inquest prosecutor oF ‘the following documents: a. Affidavit of arrest duly subscribed and sworn to ‘before him/her by the arresting officer; D. Investigation report; . Swom statements of the complainant/s and witness/es; and . Other supporting pieces of evidence gathered by the lav enforcement authorities in the course of their investigation. $:2.2. Incomplete Documents. ~ when the documents presented are incomplete to establish probable cause, the Inquest prosecutor shall direct the law enforcement authorities to submit, in the proper form, the required evidence within ‘the period prescribed tnder the provisions of Article 125 of the Revised Penal Code, as amended. Failure to submit the required ‘evidence within the prescribed period shall constrain the inquest prosecutor to order the release of the detained person/s. 3.2.3. Instances Where the Presence of the Detained Person is Dispensed With. — The presence of the detained person shall be ensured during the proceedings except in the following cases: | 2. Ifheis confined ina hospital; or D, Ihe s detained ina place under maximum security. I ‘The inquest prosecutor shall reflect the absence of the detained i petson for any of the foregoing reasons in the record of the ease. : 8 Revised Manual for Prosecutor Volume 1-2017 Eton 3.2.4. Charges and Counter-Charges. — All charges ‘and counter-charges arising from the same incident shall, as far as practicable, be jointly investigated and the eonduct of the inquest proceedings be terminated, and be referred for further ry investigation. 3.2.5. Determination of the Arvest by the Inquest Prosecutor. — The inquest prosecutor shall first determine if ‘he arrest of the detained person was made in accordance with any of the following: ‘a. When, in the presence of the arresting officer, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; b, When an offense has, in fact, just been committed, ‘and the arresting officer has probable eause to believe, based on personal knowledge of faetsor circumstances, that the person to be arrested has committed it; ©. When the person to be arrested is a prisoner who has ‘escaped from a penal establishment or place where he fs serving ual judguieat or is temporarily confined ‘hile his case is pending, o1 has escaped while being tvansferred from one confin:ment to another, For this purpose, the inquest prosecutor may summarily examine ‘the arresting officers on the circumstances surrounding the arrest or apprehension of the detained person. 3.2.6. Where the Arvest of the Detained Person was Properly Effeeted. — Should the inquest prosecutor find that the arrest was properly effected, the detained person shall be asked if he/she desires to avail himself/herself of a preliminary investigation and, ifhe/she does, the consequences thereof must bbe explained to him/her adequately. ‘The detained person must be assisted by a lawyer of his/her own ‘choice. If he/she has none, the inquest prosecutor shall provide him/her the services of a public attorney. ‘The detained person, assisted by his/her lawyer, shall then be Revises Manual for Proseeuters Volume 1-2017 Eden 9made to execute a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, ‘The preliminary investigation may be conducted by the inquest rosecutorhimself/herself orby any other prosecutor to whom the ‘case may be assigned by the Prosecutor General or the Provincial City Prosecutor, which investigation shall be terminated within fifteen (15) days from its commencement. $2.7. Where Arvest of the Detained Person was Not Properly Effected. ~ Should the inquest prosecutor find that the arrest was not made in accordance with the aforesaid provisions of the Revised Rules of Criminal Procedure, he shall: a. Recommend the release of the person arrested or detained; 1b. Prepare a resolution indicating the reasons for the action taken; and © Forward the same, together with the record of the ‘ase, to the Prosecutor General or Provincial/City Prosecntor for their appropriats action. 3.2.8. Release of Detained Person for Further Investigation. ~ Where the recommendation for the release of the detained person is approved by the Prosecutor General or by the Provineial/City Prosecutor, but the evidence on hand warrants the conduct of a regular preliminary investigation, the inquest prosecutor shall: a. Serve the order of release on the law enforcement officer having custody of the detainee; and b. Ditect the said officer to serve upon the detainee the subpoena or notice of preliminary investigation, together with the copies of the charge sheet of complaint, affidavits or sworn statements of the complainant and his/her witnesses and other supporting evidence, Section 3.3. Inquest Proper. ~ Where the detained person does ‘ot opt for a preliminary investigation or otherwise refuses to execute 10 Revised Manual for Prosecutors Volume 1-2017 Edlton the required waiver, the inquest prosecutor shall proceed with the conduct of the inquest proceeding by examining the sworn statements/ affidavits of the complainant and the witnesses and other supporting evidence submitted, The conduct of an inquest proceeding should never be initiated in the absence of an afidavit of arrest. If necessary, the inquest prosecutor shall require the presence of the complaining witnesses and subject this witness to an informal and summary investigation or examination for the purposes of determining the existence of probable cause. 3.3.1. Action to be Taken When there is a finding of Probable Cause. - Probable cause has been defined as the existence of such facts and circumstances as would excite the belief, ina reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he/she was prosecuted, Probable cause is a reasonable ground of presumption that a matter is, or may be, well-founded, such a state of facts in the mind ofthe prosecutor as ‘would lead a person of ordinary caution and prudence to believe, or entertain an honest or strong suspicion, that a thing is so? Tike inquest prosecutor finds tat probable cause extsts, he/she shall forthwith prepare the resolution with the corresponding Complaint/Tnformation with the recommendation that the same be filed in court. The Compiaint/Information shall indicate the offense/s committed and the amount of bail recommended, if applicable. However, in inquest eases for erimes covered by the Rules on Summary Procedure and Republic Act No, 6036" where no bail is required, the inquest prosecutor shall recommend the release of the arrested person and prepare the Information for filing with the court. ‘Thereafter, therecord ofthe case, together with the resolution and ‘the Complaint/Information, shall be forwarded to the Prosecutor General or the Provincial/City Prosecutor for approval and subsequent filing before the proper Court. AR, Paredes Collung, 6. No. 156055, March 5, 207 repute Act No, 6036, otherwise known 8 “hn et Povdig tha al Shall et, th cercin ‘leptons, be Rule in cazerof Volatlons of Municipal or Cy Ordinances ad in fina (Offenses when the Posrsad Pana fr Such Ofenses is ot Kiger Thar Avresto Mayor! ora Fine of To Thousand Pescs or Bath (See Appendix © Revised Marval for Prosecutors Volume 1 -2017 Eton it2 3.3.2. Action to be Taken When There is an Absence of Probable Cause. ~ If the inquest prosecutor finds no probable cause to indict the arrested/detained person, he/she shall: a. Recommend the release of the arrested or detained person; b, Prepare a resolution of dismissal indicating therein + the reason/s for the action taken; and c. Forward the record of the case to the Prosecutor General or the Provincial/City Proseeutor for their appropriate action. 3.3.3. » Action:to be Taken When the Arrested Person Executes a Waiver of Article 125 of the Revised Penal Code. ~ Should the arrested person execute a waiver, the inquest prosecutor shall set the case for preliminary investigation which shall be terminated within fifteen (15) days from the execution of the waiver. 3-3-4. Contents of the Information, — The information Shall, among others, contain: a. A certification by the inquest prosecutor that he/she is filing the same in accordance with the provisions of Section 6, Rule 112, Revised Rules of Criminal Rrocedure in cases cognizable by the Regional ‘rial Court; be ! The full name and aliases, if any, of the accused; “c. "Unidentified accused person/s designated as “John/ Jane Does”, if he/she is in conspiracy’ with the identified accused; d. The address of the accused ©. ‘The place! where the acenséd is actually detained; £ The full names and addresses of the complainant and witnesses; Description of the items -subject matter of the complaint, if any; 1b, The full name and address ofthe evidence custodian; ‘Revised Manual for Prosecutors Volume ! -2017 Eation i, The age of the complainant or the accused, if belo eighteen (18) years of age. j, The full names and addresses of the parent custodians or guardians of the minor complainant « accused, as the case may be; and K, Attendance of aggravating and/or qualifyir circumstances, if ay. 3.3.5. Delegation of Authority to _Approt Information. — Pursuaiit ti Section 4, Rule 112 of the 200 Revised Rules of Criminal Procedure, no complaint or informatic may be filed or dismissed by an investigating prosecutor withot the prior written authority or approval of the Prosecutor Gener or Provincial/City Prosecutor. However, the Prosecutor General or Provincial/City Prosecut: may delegate in writing his/her authority to his/her subordinat: ashhe/she may deem necessary‘in the interest of the prosecutic serviee. o 3.3.6. Posting of Bail by the Arrested/Detaine Person. ~ Please refer to Section 5, Chapter VIon BAL Section 3.3, Termination of Inquest Proéeedings. — Tl inquest pideeédings must be terminated within the period prescribe Which shall bé counted from the time of arrest, under the provisions Article 195 of the Revised Penal Code, as amended: a. Twelve (12) hours for light offenses; bb. Bighteen (18) hours for less grave offenses; ¢. Thirty-six (96) hours for grave offenses; and 4. Seventy'-two (72) hours in cases of violation of Huma Security Act. 3-41. Factors to be considered in determinir whether or not Article 125 of the Revised Penal Coc has been violated. — Revised Manual for Prosecutors Volume 1-2017 Etlon@, Themeans of communication b. Thehour of the arrest ¢. Other circumstances such i, Time of surrender; and fi, Material possibility for the prosecution to make the investigation and file in time the corresponding Information because of the following reasons: + Availability of the clerk of court to open the courthouse, docket the case and have the order of commitment prepared; or + Availability ofthe judge to act on the ease; or + Thefactthatgovernmentoffices openforbusiness ‘transactions at 8:00 o'clock in the morning and close at §:00 o'clock in the afternoon. 3-4-2. Applicability ofthe period prescrihedin Article 125 of the Revised Penal Code. ~ ‘The period prescribed in ‘Article 125 of the Revised Penal Code shall not be applicable when the persons arrested/detained without the benefit of a warrant of arrest issued by the court are childven defined under Republic Act No, 9344, otherwise known as the "Juvenile Justice and Welfare ‘Act of 2006." 3-4.3. For Dismissed Cases Subject for Automatic Review by the Secretary of Justice. — The record of the dismissed cases involving violation of Anti-Smuggling Laws shall be forwarded to the Oifice of the Secretary of Justice for ‘automatic review. The inquest prosecutor shall prepare an Order for the release of the arrested/detained person, for approval of the Prosecutor General or Provincial/City Prosecutor.”* For violations of R.A. No. 9165, the entire records of the ease shall ® Department Geular No. 39.2007 onthe Rus onnques ith Respect to ChildeninCoriet ith he Law 5 detind Under Republ et No. 934, theres Know asthe “haere fees nd Wloe Act of 2008 (Se Appene 0) Greta No.3, 20100 Aut Revie ot ant Smuggling Czar (See Append) 14 Revised Manual fr Prosecutors Voume 1- 2017 Eton be elevated to the Secretary of Justice within three (g) days from issuance of the resolution dismissing the complaint or appeal, a8 applicable, and the parties involved shall be notified accordingly. Notwithstanding the avtomatic review, respondent shall be immediately released from detention unless detained for other causes. Section 3.5. Other Matters, — 3.5.1. Presence of the Inquest Prosecutor at the Grime Scene. ~ Whenever 2 dead body is found by the law enforcement authorities and there is reason to believe that the death of the person resulted in foul play, or from the unlawful acts or omissions of other persons and such fact has been braught to the law enforcement's attention, the Inquest Prosecutor shall: a, Proceed to the crime scene or place of discovery of the dead person; . Cause the immediate autopsy of the dead person to be conducted by the appropriate medico-legal officer in the locality or the PNP medico legal division or the NBI medico-legel office, as the ease may be; ©. Direct the police investigator to cause the taking of photographs of the crime scene or place of discovery ofthe dead body; d. Supervise the crime scene investigation to be conducted by the police authorities as well as the recovery ofall articles and pieces of evidence found thereat; to see to it that the same are safeguarded; and that the chain of the custody thereof be properly recorded; and Submit « written report of his/her finding to the Prosecutor Generalorthe Provincial/City Prosecutor asthe case may be for appropriate action. ' 01 crelarNe. Oo, 5. 2017 on Automate Review of Dismisad Cares involving Repub Act No, 3165 See AnpendicD) Revised Manual for Prosecutor: Volume 1-2017 Eaton 1s35.8. Sandiganbayan Cases, - Should any complaint ‘cognizable by the Sandigenbayan be referred to the Office of the Prosecutor General or City/Provincial Office for the conduct of inquest proceedings, the latter shall refrain from accepting the saine and shall advise the law enforcer to file the complaint before the Office of the Ombudsman or the Office of the Special Prosecutor through any ofthe branch clerk of court in the locality 55.3. Recovered Articles. ~ | 3.5.3.1. Responsibility of the Inquest Prosecutor. = The inquest proseeutor shal: @ Conduct physical inventory of all the articies recovered by the law enforcement authorities from the arrested /detained person; b, ‘Make sure that the corresponding photographs of the recovered articles are taken and attached to the record of the ease; and Make sire that the items recovered are duly ‘safeguarded by the law enforcer and the chain of custody is properly recorded. of Recovered Articles/ 3.59.2!" Deposit Properties. ~ The recovered articles shall be properly deposited. by ,the. law enforcement officer with their evidence custodian, 9.5.3.3, Reléase of Recovered Articles. — ‘The inquest, “ prosecitci shall, with the prior approval of the Prosecutor Getieral o¥ the Provineial/City Prosecutor, and subject :0 applicable laws, order the release of recovered articles -0 their Jawful owner or possessor, subject to the conditions «that: a. There is a written request for their release; b. —Theperson requesting the release of said articles is shown to be the lawful owner or possessor thereof; Revised Manual for Prosecutors Volume. 201dtdon © The requesting party undertakes under oath to produce seid articles before the court when so required; 4, The requesting patty, ifhe/she is a material witness to the case, affirms or reaffirms his/her statement concerning the case and-undertakes under oath to appear and testify before the court when 50 required; © The recovered articles are not the instruments, or tools in the commission of te offense charged nor the proceeds thereof; and : £ Photographs of the recovered articles are first taken and duly certified to by the police evidence custodian as accurately representing the evidence in his custody. Section 3.6. Relevant Jurisprudence. ~ In warrantless arrests made pursuant to Section §(b) of. Revised Rules of Criminal Procedure, it is essential that, the element of personal knowledge must be coupled with, the element of immediacy; otherwise, the arrest may be nullified, and resultantly, the items yielded through the search incidental thereto will be rendered inadmissible ‘im consonance with the exclusionary rule of the 1987 Constitution, In Pestilos v. Generoso, G-R. No. 182601 (Noveniber 10, 2014), the Supreme Court explained the requirement of jinmediacy as follows: Based on these discussions, it appears that the Court's, appreciation of the elements that “the offense has just een committed” and “personal knowledge of facts and circumstances that the person to be arrested committed, it” depended on the particular circumstances of the case, ‘However, we note that the element of “personal knowledge of facts or circumstaneo” under Section 5(b), Rule 13 ofthe Revised Rules of Criminal Procedure requires clarification. Revised Manual fr Prosecutors Volume 1 -2017 Eston 7The phrase covers facts ot, in the alternative circumstances. According to the Black's Law Dictionary, circumstances are attendant or accompanying facts, events or conditions.” Circumstances may pertain to events or actions within the actual perception, personal evaluation or observation of the police officer at the scene of the crime. Thus, even though the police officer has no: seen someone actually flecing, he/she could still make « ‘warrantless arrest if, based on his/her personal evaluation of the circumstances at the scene of the crime, he could determine the existence of probable cause that the person sought to be arrested has committed the crime. However, the determination of probable cause and the gathering of facts or circumstances should be made immediately after ‘the commission of the crime in order to comply with the element of immediacy. In other words, the clincher in the element of “personal Knowledge of facts or circumstances’ is the required element of immediaey within which these facts o> ireumstances should be-gathered. This required time clement acts as. safeguard to ensure that the police officers have gathered the facts or perceived the circumstances ‘within a very limited time frame. ‘This guarantees that the police officers would have no time to base their probable ‘cause finding on facts or circumstances abtained after an exhaustive investigation. ‘The reason for the element of the immediacy is this - as the time gap from the commission of the crime to the arrest widens, the pieces of information gathered are prone to become contaminated and subjected to external factors, interpretations and hearsay. On the other hand, with the element of immediacy imposed under Section 3 (b), Rule 113 of the Revised Rules of Criminal Procedure, the police offcer’s determination of probable cause would necessarily be limited to raw or uncontaminated facts o= circumstances, gathered as they were within a very limited period of time, The same provision adds another safeguard with the requirement of probable cause as the standard fo- evaluating these facts of circumstances before the police officer could effect a valid warrantless arrest.** ‘people Monogay Aa GR, No, 2225, August 17,2036 18 Revise Manus for Posecttors Volume |-2017 Eaton ’b. xan [Alppellant was arrested during the commission of crime, which instance does not require a warrant in accordance with Seetion 5 (a) of Rule 113 of the Revised Rules of Criminal Procedure, Such arrest is commonly mown as in flagrante delicto. For a warrantless arrest ‘of an accused caught in flagrante delicto to be valid, two requisites must concur: (1) the person to be arrested ‘must execute an overt act indicating that he/she has just committed, is actually committing, or is attempting to commit a crime; and, (2) such overt act is done in the presence or within the view of the arresting officers Inthe case of People vs, Gumnilao - the arrest of Gumilao ‘stemmed from the routine frisking she was subjected to at ‘the Eva Macapagal Terminal when she was about to board the ferry bound for Cebu Since the search conducted on Gumilao was a valid search pursuant to routine port security procedure, she wes also lawfully arrested without ‘a warrant for being caught in possession of a contraband, thus, in flagrante delicto® In warrantless arrests made pursuant to Section s(a), Rule 113 of Revised Rules of Criminal Procedure, to (2) elements must concur, nameiy: (a) the person to be arrested must execute an overt act indicating that he/she hhas ust committed, s actually committing, or isattempting to commit a crime; and (b) such overt act is done in the presence or within the view ofthe arresting officer. On the other hand, Section 5(b), Rule 119 requires for its application that at the time of the arrest, an offense.had in fact just been committed and the arresting officer had personal knowledge of facts indicating that the accused hhad committed it. In both instances, the officer’s personal knowledge of the fact of the commission of an offense is essential. Under Section 5(a), Rule 133 of the Revised Rules of Criminal Procedure, the officer himself/herself witnesses the crime; while in Section 5(b) of the same, he/she knows for a fact, that a crime has just been committed. reap Bodila, GR. No, 20878, Aus 31,2036, ™ rool Gu, No 208755, October, 2036 Revised Manual for Prosecuters Volume 1-2017 Elton 19Sida eagle In this case, the Court finds that there could have been no lawful warrantless arrest made on the person of Sindae, Based on the records, the arresting officer, PO Pefiamors, himself admitted that he was about five (5) to ten (1c) meters away from Sindac and Cafion when the latter allegedly handed a plastic sachet to the former. Suspecting that the sachet contained shabu, he and PO Asis rushed > Sindac to arrest him, POg Petiamora’s testimony on direct examination reveals: xxx Considering that PO3 Pefiamora was at a considerable distance away from the alleged criminal transaction (fv> {5] to ten [10] meters), not to mention the atomity of th object thereof (0.04 gram of white crystalline substanc= contained in a plastic sachet), the Court finds it highly doubtful that said arresting officer was able to reasonably ascertain that any criminal activity was afoot 50 as to prompt him to conduct a lawful in flagrante delicto arrest ‘and, thereupon, a warrantless search, Tris settled that “reliable information” alone — even if was a product of well-executed surveillance operations = is not sutficient to justify a warrantless arrest. It is further requited that the accused performs some over: act that would indicate that he has committed, is actually ‘committing, or is attempting to commit an offense x27 In the case of People v. Manago, a police officer (PO3 Din: ‘was waiting for his turn to have a haireut at around 9:3¢ an. of March 15, 2007 when the said Beauty Parlor wee robbed. After a brief shootout with PO2 Din, the armed robbers fled using a motoreycle and a red Toyota Corolla, ‘Through an investigation headed by PO3 Din, they were able to find out where the robbers were staying and trace the getaway vehicles to Manago. The following day, the police set up a checkpoint, At around 9:30 pam. of March 36, 2007 the red Toyota Corolla driven by Manago passed by. They searched the car and found plastiesachet ofshabu. ‘Thus, they arrested Manago. The Supreme Court ruled: 220782, September 52016, Revise Manual for Prosecutors Volume 1=2017 Edition ‘The foregoing circumstances show that while the element ‘of personal knowledge under Section 5(b) above was, present — given that PO3 Din actually saw the March 35, 2007 robbery incident and even engaged the armed robbersina shootout — the required element ofimmediacy was not met. This is because, at the time the police officers effected the warrantless arrest upon Manago's person, investigation and verification proceedings were already conducted, which consequently yielded sufficient {information on the suspects ofthe March 15, 2007 robbery ineident. As the Court sees it, the information the police officers had gathered thereftoin would have been enough for them to secure the necessary warrants against the robbery suspects. * The “personal knowledge" of the fact of rape, which was supplied by the rape victim herself to the arresting officer, falls within the purview of a warrantless arrest. & After the filing of the Information in court without a preliminary investigation, the accused may, within five (5) days from the time he/she learns of its filing, ask for a preliminary investigation with the same right to adduce evidence in his/her defense as provided under Section 6, Rule 112 of the Rules of Criminal Procedure. This five-day rule is mandatory. h, Reliable information alone, absent any overt act indicative of a felonious enterprise in the presence of and within the view of the arresting officers, are not sufficient to constitute probable cauée that would justify an in flagrante delicto arrest ‘eaple Manego yAcut, sara People Alvar GR Ns. 12063743, Wy 36,3897 2 Pople Fqueroo, GR. 24273, Apel 30,1968. "People Molina, GR No 133917, February 38, 2001 See also Pople vs. Nuevos, 6. RN. 170285, Febraty 2, 2007, Revised Manwat fr Pracecutors Volume | - 2047 Eton 24CHAPTERIV PRELIMINARY INVESTIGATION Section 4.1. General Principles — 4o1-t. Concept. ~ A preliminary investigation is an inquiry (ot proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial 4.1.2. Quantum of Evidence Required is Probable Cause. — Probable cause has been defined as a reasonable ‘ground of presumption that a matter is or may be well-founded; such a state of facts in the mind of the prosecutor as would lead a person of ordinary caution and prudence to believe, or entertain aan honest or strong suspicion, that a thing is so. ‘The term does not mean ‘actual and positive cause” nor does it import absolute certainty. It is merely based on opinion and reasonable belief, Thus, a finding of probahie canse daes not require an inguity into whether there is sufficient evidence to procure a conviction. It is enough that itis believed that an act or omission complained of constitutes the offense charged. Precisely, there is a trial for the reception of evidence of the prosecution in support ofthe charge.** Probable cause, for purposes of filing a criminal information, hhas been defined as such facts as are sufficient to engender & well-founded belief that a crime has been committed and that respondent is probably guilty thereof, and should be held for trial 2" Probable cause is meant such set of facts and cireumstances which ‘would lead a reasonably discreet and prudent man to believe that the offense charged in the Information, or any offense included ‘therein, hasbeen committed by the person soughtto be arrested.*5 2 aredes dy Sancganbayan, GR NO20825, lan¥ay 32, 2996 De Ocampo w Stretor of iste, GR. No, 47532, tana 25, 006, >i. 22 Revised Manual for Prosecutors Volume |-2017 Eaton In determining probable cause, the average person weighs facts and circumstances without resorting to the calibrations of the rules of evidence of which he/she has no technical knowledge. Ho/She relies on common sense A finding of probable cause needs only to rest on evidence showing that, more likely than not, a crime has been committed ‘and that it was committed by the accused.» Probable cause demands more than bare suspicion, butit requires Jess than evidence that would justify a conviction.** What is determined during preliminary investigation is only probable cause, not proof beyond reasonable doubt. As implied by the words themselves, probable cause is concerned with probability, not absolute or moral certainty. A finding of probable cause does not require an inquiry into whether there is sufficient evidence to secure a conviction. It is enough that the act or omission complained of constitutes the offense charged. The term does not mean “actual and positive cause” nor does it import absolute certainty. Itis merely based on opinion and resonable belicf* 4:13. No Fixed Formula for Determining Probable Cause. ~ The determination of probable catise does not call for the application of rules and standards of proof that a judgment of eonviction requires after trial on the merits. As implied by the wordsthemselves, ‘probable cause” is concerned with probability, not absolute or even moral certainty. The prosecution need not present at this stage proof beyond reasonable doubt. The standards of judgment are those of a reasonably prudent man, not the exacting calibrations ofa judge after a full-blown tral No law or rue states that probable cause requires a specific kind of evidence, No formula or fixed rule for its determination exists. Probable cause is determined in the light of conditions obtaining in a given situation? Fam Sariumba Sendigonbayen GR Nos, 1542594, Februsry 1,200. ™ clay other Iterrtionl nee. iho}, GR No 198105, iy 30,202. * terest Corporation Masior, ne, A No, 40545, September 33,2008, Reset an for Prosecutors Volume 1 -2017 elton 2B444. Sound Discretion of the Prosecutor. - The institution of @ eriminal action depends upon the sound iscretion of the prosecutor. He may or may not file the complaint or information, follow or not follow that presented by the offended party, according to whether the evidence, in h's opinion, is suficient or not to establish the guilt of the accused beyond reasonable doubt, The reason for placing the criminal prosecution under the direction and eottrol of the [proseeuto:] is to prevent malicious or unfounded prosecution by persons. x x x Prosecuting officers under the power vested in them by law, not only have the authority but also the duty of prosecuting persons who, according to the evidence received from ‘the complainant, are shown to be guilty of a erime committed within the jurisdiction of their office. They have equally the legal duty not to prosecute when after an investigation they become convinced that the evidence adduced is not sufficient to establish a prima facie case. Section 4.2. Purposes of a Preliminary Investigation. ~ To secure the innocent against hasty, malicious and oppressive prosecution and to protect him/her from an ‘open and public accucation ofa erime and from the trouble, expense and anxiety of a public trial; and b. To protect the State from having to conduct useless and expensive trils.®* ‘Theprimary objective ofa Preliminary Investigation isto free the respondent from the inconvenience, expense, ignominy and stress of defending himself/herself in the course of formal tril, until the reasonable probability of his/her guilt in a more or less summary proceeding by a competent office Aesignated by law for that purpose has been determined, Secondarily, such summary proceeding also protects the State from the burden of the unnecessary expense and effort in prosecuting alleged offenses, and in holding trials arising insurance Life Assurance Campony United Serrano, G8 No, 163235, une 2, 2007 2 collclried 1 Etebon, GA. No. 11567, March 20, 2013 cling hashinu Boan, GR. Ne $7777 Janwary 13,1981 Tanai u Reauten, GR Ho, S528 hy, 1980 24 Revised Manual for Prosecutors Volume 1-017 Eden from false, frivolous or groundless charges.®° 421. DoubleJeopardy inPreliminary Investigation. = The dismissal of a case during preliminary investigation does not constitute double jeopardy, preliminary investigation not being part of the trial Section 4.3. Nature of a Preliminary Investigation. - 43-4. It is an Exceutive Function. — A preliminary investigation is not a quasi-judicial proceeding. xxx He does not exercise adjudication nor rule-making functions It is a fumetion of the Office of the National Prosecution Service which isunder the control and supervision of the Department of Justice within the executive branch of the government. 43.2. Itis Preliminary in Nature. ~ The investigation is advisedly called preliminary, as itis yet to be followed by the trial proper. The investigating officer acts upon probable cause and reasonable belief, not proof beyond reasonable doubt. 43.3. Itis aSummary and Inquisitorial Proceeding. — While itis a summary proceeding, itis dome iss a scrupulous manner to prevent material damage to a potential accused's constitutional right to liberty and the guarantees of freedom and fir play®* Merely inquisitorial; not tril on the merits; Tt must be stressed that the right of an accused to a preliminary investigation is a personal right and can be waived expressly or by implication; if failed to invoke before entering a plea; itis not part of the due process guaranteed by the Constitution ® and does not place the respondent in jeopardy.** 2 ple CA, GR No. 126005 January 2, 1558, 2 Rares x Monterayer GR NO.17010, une 8, 201 Santos Go, GR No. 156081, October 19, 2005, onion CA, GR. No. 115825, lS, 1936 0 Ocampo Sof ust .R No 247332, lanuary 2, 2008. "people Loto, GR No, 75367, ne 9, 198%. 260% CA, GR No, 101837, February 1, 1992 . ‘ Beneicto and ora Ct, GN. 125355, eptember 4, 2003. “Boole. GR No. 126005 aacy 2, 1958. Revises Manuat for Prosecutors Volume 1 -2017 Eaton 254.3.4. It is not a Judicial Inquiry or Proceeding. — Preliminary investigation is merely inquisitorial, and is often the only means of discovering the persons who may be reasonably charged with a erime and to enable the fiscal to prepare his/ her complaint or information. It is not a trial of the case on the merits and has no purpose except that of determining whether @ ‘erimebas been committed and whether there is probable cause to believe that the accused is guilty thereof. While the fiscal makes ‘that determination, he/she eannot be said to be acting as a quasi- court, for it is the courts, ultimately, that pass judgment on the accused, not the fiscal. Section 4.4. Right to Preliminary Investigation. — 4.4.1. It is not a Constitutional Right. — The tight toa preliminary investigation is not a constitutional right, meaning, it is not expressly provided for in the Constitution. It is not ‘therefore guaranteed by the Constitution unlike for instance, the right to counsel or to remain silent which is expressly embodied, ‘under Section 12 of Article II of the Constitution. 44.2. Itis Merely a Statutory Grant. ~The right to a preliminary investigation is stalutury, not constitutional.” In short, the rights ofa respondent ina preliminary investigation are merely statutory rights, not constitutional due process rights. 404.8, tis @ Personal Right. — The right toa preliminary investigation is also a personal right, which can be waived expressly or impliedly. Preliminary investigation is not part of the due process guaranteed by the Constitution. It is an inquiry to determine whether there is sufficient ground to engender a well-founded belief that 2 crime has been committed an¢ the respondent is probably guilty thereof. Instead, the right to a preliminary investigation is personal. It is afforded to the accused by statute, and can be waived, either expressly ot by implication. The waiver extends to any irregularity in the preliminary investigation, where one was conducted.** ‘Seat o8, GA. No. 143375, uly 6, 2001. “Sead Ombudsman, GR No, 2121404, January 2, 2015 cing Solonga Pore, GR No, 59528 Febrary 38,1985). ‘"Genadlto Court Appeal, GR. No, 12535, September 4 2001, 26 Revised Manu fer Prosecutors Volume |-2017 Eaton In inquest cases, the accused impliedly waives his/her right to a preliminary investigation, if he/she fails to invoke the same within five (5) days from the time he/she learns of the fling of the Information. This five-day period for the filing of a motion for preliminary investigation after an Information has been filed in court against an accused who was arrested without a warrant, has been characterized as mandatory. 4-404. Itisa Substantive Right.—The ightto preliminary investigation is substantive, not merely formal or technical. To deny itt petitioner would deprive him/her ofthe full measure of his/her tight to due process * Section 4.5. Coverage. - a. —_Allofienses where the penalty preseribed by law is at least four (4) years, two (2) months and one (a) day, without regard to the fine-” b. All offenses punishable by imprisonment of less than four (4) years two (2) months and one (1) day-where the prosecutor believes that a preliminary investigation should be conducted. c. —_Alloffenses committed by public officials or employees in. connection with the performance of their official duties and functions, Section 4.6. Officers Authorized to Conduct Preliminary Investigations. — The following may conduct preliminary Investigation: a. Provincial or City Prosecutors and their Assistants; State Prosecutors; and Other officers as may be authorized by law: + The Legal Officers of the Commission on Elections (COMELEC) are mandated under the 1987 Constitution, not only to investigate but also to ‘ Secton Rule 11, Revised Roles of cia procedure “sysop Sondigantayan, GR. No, 1386569, Faery 22, 2003. "section. prapaph2 fale 112, Reed ules of Cina recede Revised Manual for Prosecutors Volume 1-2017 Edition aprosecute cases of violation of election offenses. ® If the prosecutor files an Information charging an election offense or prosecutes a violation of the election law, itis beeause he has been deputized by the COMELEC. He/She does not do so under the sole authority of his/her office. + The Ombudsman is clothed with the authority to conduet preliminary investigations and to prosecute all criminal cases involving public officers and employees, not only those within the jurisdiction of the Sandiganbayan, but also those within the jurisdiction of the regular courts.” + The Chairman of the Presidential Commission on Good Government with the assistance of the Offee of the Solicitor General and otier government agencies was empowered under Executive Order No. 14, series of 1986, to file and prosecute before the Sandiganbayan, all eases investigated by itunder Execvtive Onder No.2, dated February 28, 1986 and Bxoou‘ive Order No. @ dated March 18, 996, 09 may be wanranted by its findings. The cases referred to under E.0. No. 1 and E.0. No. 2 were the ill-gotten cases of former President Ferdinand Marcas. Section 4.7. Procedure. ~ 47d Commencement of the Preliminary Investigation. ~ & Byte filing of a complaint by the offended party or ‘any competent person directly with the office of the investigating prosecutor. The sworn complaint shall be accompanied by an accomplished Preliminery Investigation Data Form and other supporting documents; ‘Tbeople iting, GR Ne BES, tly 25, 1990 People u Basil, GR, No 83898-40, November 6, 1989. uy Sanesgonboyon, 6.8. No. 10596570, arch 20,2001, 28 Revised Manual for Prosecutors Volum |-2017 Edon b. By referral from or upon request of the law cenforeement agency that investigated a criminal incident. When the referral came from or is upon the request ofa lawenforcementagency thatinvestigated ‘the complaint, the later shall submit the original or duplicate otiginal or certified machine copies of the affidavit/s of the complainant/s and his/her/their vwitness/es. € Request of a person arrested or detained pursuant to an arrest without warrant who executes a waiver, {in accordance with the provisions of Article 125 of the Revised Penal Code, as amended; @. By an Order or upon the directive of the court or other competent authority; or & Upon the initiative of the COMELEG, or upon a written complaint by any citizen, a candidate, a registered political party,.2 coalition of registered parties or an organization under the party- list system or any accredited citizen arm of the ‘COMELEC in cases of election offenses; 47.2, Contents of the Complain: state the following: j= The complaint shall a. ‘The full and complete names and exact home, office or postal addresses of the complainant/s and his/ her/their witness/es; b. ‘The full and complete name and exact home, office or postal address of the respondent/s; © The offense/s charged and the place and exact date and time of its/their commission; and . Whether or not there exists a related case and, ifso, the docket number of said case and the name of the investigating prosecutor thereof. 4.7.3. Number of Copies of Affidavits; Other Requirements. ~ The complaint and supporting affidavits Revised Manus for Prosecutors Volume 1- 2017 Eton 29shall be in such number of copies as there are respondents, plas five (5) copies for the court/office file. ‘Where a complaint charges multiple offenses which cannot be the subject of one ineident or information, the complainant may bbe required to submit such additional copies of the complaint and supporting affidavits as there are offenses charged in the complaint, If the offense charged is punishable by imprisonment not exceeding one (1) year ora finenot exceeding Five Thousand Pesos (Phps,000.00) and the parties to the case are all residents of the ‘same city or municipality, the complaint shall be accompanied by ‘the certification required under Section 4x2 (a) of RA 7160, * Local Government Code of 1991.” Otherwise, the prosecutor shal rot take cognizance of the case ‘The affidavits shall be subscribed and sworn to before ary prosecutor or government official authorized to administer oath, or, in their absence or unavailability, before a notary public, each, of whom must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits. 47-4. Initial Action by the Investigating Prosecutor on the Complaint Filed. ~ Within ten (10) days from receipt of the complaint, the prosecutor shall: a, Inhibit himself/herself from conducting a preliminary investigation in a case wherein — ‘+ He/She or his/her spouse or child i interested es heir, legstee, creditor or otherwise; or + He/She is related to cither party within the 6th degree of consanguinity or affinity or to counsel within the gth degree; ar + He/She has been named exeentor, administrator, guardian, trustee or counsel, In this particular instance, the conduct of the preliminary investigation shall be re-assigned to 30 Revised Manus for Prosecutors Volume 1 -2017 Eten another investigating prosecutor. If a motion to disquelify/imhibit the investigating prosecutor is filed by any of the parties at any stage of the preliminary investigation, the same shall be forwarded to the Head of Office who may designate another investigating prosecutor to handle the said preliminary investigation, ‘The Secretary of Justice, the Prosecutor General or the Regional Prosecutor shall designate a prosecutor from another province or city within the region or prosecutor in the Regional Prosecution Office, as Acting City or Provincial Prosecutor, to investigate and prosecute a case in instances where parties question the partislity| or bias of prosecutors of a particular provincial or city prosecution office. b, Dismiss the complaint if he finds the following grounds: + The offense charged in the complaint was committed outside the tersitorial jurisdiction of the office of the investigating prosecutor; + At the time of the filing of the complaint, the offense/s charged therein had already prescribed; + Complainant is not authorized under the provisions of pertinent lawsto file thecomplaint; + Complainant failed to submit a_barangey certification for offenses covered by the Katarungang Pambarangay Law; + No clearance from the Department of Labor and Employment or from any regional office thereof is attached to the complaint where the complainant is an employer and the respondent is his employee. © Where respondent is a chitd and he is above fifteen (45) years of age but below eighteen (18), the prosecutor shall determine whether or not the child Revised Manual for Prosecitor Volume I +2017 Elton 31acted with discernment. + Ifhe acted with discernment, the prosecutor shall: > Refer the case to the concerned Lupon Tagapamayapa for the diversion proceedings, if the case falls within the Jurisdiction of the Lupon; or > Conduct the requisite _ diversion proceedings if the penalty for the offense charged is beyond the jurisdiction of the Lupon but does not exceed six (6) years of imprisonment; or > Proceed with the preliminary investigation if the penalty for the offense charged is imprisonment of more than six (6) yeers, applying the rules and procedure on the conduct of the preliminary investigation as herein provided. & Issue subpoena to respondent, attaching thereto a copy of the complaint, togetler with Une uffidavis of ‘witnesses and other supporting documents.* 47:5. Service of Subpoena to the Parties. @ Service of subpoena and all papers/documents | required to be attached thereto shall be by persoaal service to be performed by the regular process | servers, In their absence, the cooperation of -he Provineial/City/Municipal Station Commandsrs of the Philippine National Police (PNP) maybe requested for the purpose. b. Under other circumstances, where personal service cannot be effected but the respondent eannot be considered as incapable of being subpoenaed, as when he/she continues to reside ot his/her known address but the return states that he/she “has left "Secon 3), Rule 12, Revised Rues ef Cen! Procedure. 32 Revised Manual for Prosecitors Volume 1-2017 Eztion hiis residence and his/her. return is uncertain” ot words of similar import, service of subpoena and its attachments shall be effected by registered mail with return card at respondent’s Inown home/ office address. On the face of the envelope shall be indicated: + The name and return address of the sender, 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 that the first notice was made on the addressee; and ©The typewritten/printed request: “If not claimed within five (5) days from the first notice, please return to sender.” ©. Within ten (10) days from receipt of the unclaimed/ returned envelope, the investigating prosetutor may proceed to resolve the complaint on the basis of the evidence presented by the complainant.» . _Iftheenveloperemained unclaimed or isnotreturned within 20 days from mailing, the investigating prosecutor may proceed to resolve the complaint fon the basis of the evidence presented by the complainant. 4:75:21. To Prevent Loss of Documents. — ‘The investigating prosecutor may require the respondent or other parties to appear before him/her on a designated ate, time and place and then and there personally furnish ‘them with copies of the complaint, 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 and to obtain copies thereof at his/her expence. jn 3) Rule 192, Revised Rules of Crnial Procedure; DO! Mermarandum Chul No, 25 dated oct 2, 1589. Revised Manual fr Prosecutors Volume 1- 2017 Edin 33If such records are voluminous, the complainant may be required to specify and identify those which he/she intends to present against the respondent to support the charge against the latter and these shall be made available for examination, copying or photographing by respondent athis expense. Failure on the part of respondent or his counsel/ representative to appear before the investigating prosecotor to obtain copies of the complaint, supporting affidavits and other documents, despite receipt of notice ‘or subpoena, shall be considered a waiver of respondent right to be furnished copies of the complaint, supporting affidavits and other documents, a3 well as to examine all other pieces of evidence submitted by the complainant. 4.7.5.2. Service to a Respondent Residing in @ Distant Place. ~ The investigating prosecutor shal {issue and send the subpoena, together with copies of the complaint, supporting affidavit/s and other documents, by registered/special delivery mail with return card to ¢ respondent who resides in a distant place. 475.3. Where Respondent Cannot be Subpoenaed or if Subpoenaed Does Not Submit Counter-affidavit. - If a respondent cannot be subpoensed, as, for instance, he/she transferred residence ‘without leaving any forwarding address, or if subpoenaed, does not submit his/her counter-affidavit, the investigating prosecutor shall resolve the complaint based on the evidence presented by the complainant: 47-54. Objects as Evidence. ~ Objects as evidence need not be furnished either party but shall be made accessible for examination, copying or photographing at the expense of the requesting party.* 5 Seaton IB peregiagh 2, Rul 112, Revised Rules fC section 3, parsran (Rule 112, Rese Rules of Criminal Procedure ‘Sex 3, paragraph (b Rule 232, Revised Rules of Crimiel Procedure, 34 Revises Manvat for Prosecutors Volume 1 -2017 Edtion Section 4.7.6. Submission of the Counter-affidavit/s by the Respondent/s. — Within ten (10) days from receipt of the subpoena together with the complaint and supporting afidavit/s and document/s, the respondent shall submit his/her counter-afidavit and that ofhis/her ‘witness/es and other supporting documents which shall be subscribed snd sworn to before any prosecutor or government official authorized to administer oath, or in their absence or unavailability, before the notary public. Copies of the counter-affidavit/s and supporting documents, if any, shall be furnished the complainant/s by the respondents. 4.7:6.1.Extension of Time within which to Submit Respondent’s Counter-affidavit. ~ No motion or request for extension of time to submit counter— affidavits shall be allowed or granted by the investigating prosecutor except when ‘the interest of justice demands that the respondent be given a reasonable time or sufficient opportunity to: a. Engage the services of counsel in order to assist him/her during the preliminary investigation proceedings; b, Exanline or verify the existence, authenticity or accuracy of voluminous records, files, accounts or other papers ‘or documents precented or cubmitted in eupport of the complaint; or €. Undertake studies or research on novel, complicated ot ‘technical questions or issues of law and of facts attendant ‘to the case under investigation, Extensions of time to submit a counter-affidavit for any of the reasons stated above shall not exceed ten (10) days. 476.2. Filing of a Motion to Dismiss in Liew of @ Counter-affidavit. = @. General Rule~ ‘The respondent shall NOT be allowed to file a motion to dismiss in lieu of a counter-affidavit.* The counter- affidavit shall be subseribed and sworn to before any Sein 3 Rule 12, Revs ules of Cina Procedure, Revised Manual for Prosecutors Valume I -2017 Eton 35prosecutor or government official authorized to administer oath, or, in their absence or unavailability, before a notary public, each of who must certify that he/she personally ‘examined the affiants and that he/she is satisfied that they voluntarily executed and understood their affidavits. Exceptions However, if such motion to dismiss is verified by respondent himself/herself, the same may be considered as his/her counter-affidavit. The investigating prosecutor may, however, grant a motion to dismiss filed by a respondent who is yet to file or has not filed his/her counter-cifidavitif the motion is verified and satisfactorily establishes, among others: + The absence of probable causes + The fact that the complaint, or one similar thereto or identical therewith, hes previously been filed with the Office and has been fully adjudieated upon on the merits after due preliminary investigation proceedings: ot + The extinetion of respondent's criminal liability by reason of death, pardon, amnesty, repeal of the law under which prosecution is sought, or any other legal causes. Bffect of the Filing of a Motion to Dismiss ot a Motion for 4 Bill of Particulars and Other Similar Pleadings. ~ The filing of a motion for the dismissal of the complaint or for ‘the submission of a bill ofparticnlars shall not suspend or interrupt the running of the period for the submission of the counter-affidavit/s and other supporting documents. Action on Motion to Dismiss on the Basis of an Affidavit of Desistance. - An affidavit of desistance is viewed with suspicion and reservation and regarded as exceedingly unreliable. It is merely an additional ground to buttress the defense of the respondent. The investigating prosecutor must be able to discern. other circumstances ‘which, when coupled with the desistance, creates doubt as to respondent's criminal liability. If there is none, then the complaint may be dismissed for lack of insufficient evidence and not on the basis of an affidavit of desistance. 4 Suspension of Proceedings Due to the Existence of a Prejudicial Question. ~ Upon motion of a party or when raised in a counter-affdavit, the investigating prosecutor shall suspend preliminary investigation proceedings ifthe existence of prejudicial question is satisfactorily established. 47-74 Concept, ~ A prejudicial question generally comes into play in a situation where a civil action and & ‘riminal aetion are both pending and there exists in the former an issue which must be preemptively resolved before the latter may proceed, because howsoever the issue raised in the civil action is resolved would be determinative juris et de jure of the guilt or innocence of the accused in ‘the criminal case. The rationale behind the principle of prejudicial question isto avoid two conflicting decisions.* Hf both civil and eriminal cases have similar issues, or the issue in one is intimately related to the issues raised in the other, then a prejudicial question would likely ist, provided that the other element or characteristic is satisfied. must appear not only that the civil case involves the sam fats upon which the criminal prosecution would be based, but also that the resolution of the issues raised in the civilaction would be necessarily determinative of the guilt or innocence of the accused. Ifthe resolution of the issue in the civil action will not determine the criminal responsibility ofthe accused in the criminal action based on the same facts, or if there is no necessity that the civil case be determined first before taking up the criminal ease, the civil case does not involve a prejudicial question. Neither is there a prejudicial question if the civil and the criminal action can, according to law, proceed independently of each other.” ‘ase Suara, 6 R No A7B7R5, dune 20,2008, ea EET Rees v oss, GAN, 258623, Febrary 18, 2013. | | | 38 pevted Marae estes Volume |-2017 Eton Fetied Ma oscars Vue | 217 Eten 37 :i 4.77.2, Elements of a Prejudicial Question. — a. The civil action involves an issve similar or intimately related to the issue raised in the criminal action; D. The resolution of such issue determines whether or not the eriminal action may proceed; and. The cognizance of the said issue pertains to another tribunal. 47. Issuance of an Order Suspending the Proceedings Due to the Existence of a Prejudicial Question; Written Approval of the Head of Office Required. ~ If a motion to suspend proceedings is filed before the filing of a counter-affidavit, the investigating prosecutor shall first resolve the said motion. If 2 motion to suspend proceedings is filed together with or is incorporated in the counter-affidavit, the investigating prosecutor shall first rule on the: ‘said motion. ‘In case the investigating prosecutor denies the motion, he/ fio must proceed to resolve the morte, Otherwee, he/she shall issue an order suspending the proceedings withoat resolving on the merits of the case. All orders suspending the preliminary investigation based ‘on the existence of a prejudicial question issued by the §nvestigating prosecutor shall have the written approval of the Prosecutor General or Provincial/City Prosecutor ‘concemed or his/her duly designated assistant. ‘Upon approval and issuance of the order, the complaint shall be considered archived. 4.7.8. WhentoSet Case for Clarificatory Questioning. 1 investigating prosecutor may set a hearing for clarificatory questioning within ten (10) days from the submission of the counter-aflidavit/s and other documents or from the expiration of the period of their submission, in order to personally clanify ‘matters from the parties and/or their witnesses. ‘ean 5, le Tl, Ried als of rial Procedure Revised Manus for Prosecutors Volume 17017 Eaton 4.7.8.1. NoRight to Examine or Cross—Examine. = 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 submit written questions to the Investigating Prosecutor who may propound such ‘questions to the parties or witnesses concerned. 4.7.8.2. Record/Notes During the Clarificatory ‘Hearing. ~ The investigating prosecutor may record the facts and issues clarified and/or the questions asked and the answer/s given during the clarificatory questioning, Said notes shall be signed by the parties concerned and/or ‘their respective counsels and shall form part of the official record of the ease. Parties who desire to file an appeal or petition for review of the investigating prosecutor’ resolution may, at their ‘option, cite specific portions of the oral testimony of any of the parties/witnesses by referring to the notes taken by the investigating prosecutor. 4.7.8.3. Right to Counsel. ~ it hes been held thet there is nothing in the Kules which renders invalid a preliminary investigation held without defendant's counsel. Not being a part of the due process clause but a right merely created by law, preliminary investigation if held within the statutory imitations cannot be voided. 4.7.9. When to Allow the Filing of Reply-Affidavits, Rejoinders and Memoranda. ~ a. Where new issues of fact or questions of law which are material and substantial in nature are raised or invoked in the counter-afidavit or subsequent pleadings; and b. When there exists a need for said issues or questions tobe controverted or rebutted, clarified or explained to enable the investigating prosecutor to arrive at a fair and judicious resolution of the case, 5 section fe) Rule 12, Revised Rules of Cminal Procedure "people Merc, GA No. 18488, uy 2, 1957, Revised Manual for Rosecutors Volume 12017 Eaton 39‘The period for the submission of reply affidavits or rejoinders shall not exceed five (5) days. ‘The investigating prosecutor shall not require or allow the filing cor submission by the parties of memoranda, unless the case involves difficult or complicated questions of law or of fact. In any event, the filing of memoranda by the parties shall be done simultaneously and the period therefor shall not exceed ten (s0) days. 4.7.40. When Complaints May Be Consolidated. ~ a, When there are charges and counter-charges; b, When the complaints arose from one and the same incident or trans: dents or ‘transactions; Cases involving common parties and founded on. factual and/or legal issues of the same or similar ‘character; and 4. Multiple complaints filed before the different field offices but arising from the same incident and the same parties for the same cause/s of action ‘The complaints shall be consolidated and assigned to the prosecutor handling the complaint with the lowest docket umber or to another prosecutor at the discretion of the head of office. 4.741. Submission of the Case for Resolution. ~ The investigating prosecutor shall consider the case submitted for resolution: a. When the respondent cannot be subpoenaed o, subpoenaed, does not submit his counter-afidavi within the reglementary period, In such a case, the investigating prosecutor shall base his/her resolution con the evidence presented by the complainant;® or ‘econ (Rule 322, Rev ules f amin Procedre, 40 Revsed Manual fr Prosecutors Volume 12017 Edin b. Upon submission by the parties of their respective affidavits and supporting proof or documents, in ‘which event, he/she shall, upon the evidence thus adduced, determine whether or not there issufficient sground to hold the respondent for trie. 47.12. Preparation of the Resolution. ~ a. When there is a finding of probable cause, the investigating prosecutor shall prepare the resolution and file the corresponding Information in the appropriate court, Any officer authorized to conduet preliminary investigation who is investigating an offense or felony committed by a public officer or employee Gneluding a member of the PNP) where the penalty prescribed by law is higher than prision correceional or imprisonment for six years, ora fine ‘of Php6,000.00, must determine if the etime was committed by the respondent in elation tohis office. If it was, the investigating officer shall forthvvith inform the Office of the Ombudsman which may either: (a) take over the mvestigation of the case pursuant to Seetion 15(2) of RA. No. 670, or (b) Geputize a prosecutor to act as special investigator or prosecutor to assist in the investigation and prosecution of the ease pursuant to Section 31 thereof. Ifthe investigating officer determines that the crime was not committed by the respondent in relation to his office, he/she shall then file the information with the proper court. b. When there is lack of probable cause, the investigating prosecutor shall prepare the resolution recommending the dismissal of the complaint: Section 3 (9) ule 12, Revised Rules of Criminal Procedure “pep Act No 670, terse known a8 Ac sain the Phipine National Police ‘Unde Reorsnsed Departmant ofthe intron an Loca Goverment and er Other Purposes” thease rn asthe "Departmesto the neler andLocl Government At oF 19907, “aepubv Maninione Asuncion, GR Ne.1-108208, Maren 1894 Revised! Mana for Protectors Vokume | 2017 eaon a2 4.743. Form of the Resolution and Number of Copies. 47-45. vesclution shall be weitten in the official language, ‘personally and directly prepared and signed by the investgsting Prosecutor. It shall be prepared in 2s many copies as there are partes, pus five (g) additional copies. a. Caption of resolution shall indicate the following: 1 Complete names of all the complainants and all of the respondents. Itis not proper to use the phrase “et fa. to refer to other complainants and respondents. in eases referred to the prosecution by the law ‘enforcement agency where there is no identified Gictim, asin prohibited drugs cases, the complainant Shall be the police station involved, followed by fhe name and designation of the police officer representing the police station. in the case of a corporation or judicial entity, its corporate name or identity shali be indicated and Grritien as follows, "X” Corporation, represented by its (position ttle), (name of corporate officer)”; Case Number/s, otherwise known as the Nationa’ ‘Prosecution Service Docket Number/s (NPS Docke: No.) ~The number of a case shall be based on the following system of sequential codes: ‘Sequential Codes = Roman numeral ~ NPS region and OPG number 2 two (2)-digit number ~ city/provincial office ‘+ Small letter ~ provincial substation < PI — for regular preliminary investigation or ssammaty investigation case INQ ~ for inquest case 2 Two (2)-digit number — last two (2) digits ofthe year «Capital letter - month (‘A” to "L" for January to December, respectively) «Five (5) digit number ~ series number for an entire calendar year Rewsee Manual for Prosecutors Volume 12017 Edifon 4 5 6 a ‘Mustrative examples: I-01-INV-17A-00001 1 = Region I «os = ORP s INV — regulr PI or summary ‘investigation case +37 = year2017 «A = ‘tmonth of January + coo01 — first regular PI /summary investigation case for year 2017 I-05a-INQ-17A-00010 er = Region! 05 © = OPPLaUnion * A = Ago Sub-Station + INQ = _ inquest case <7 - yearzou7 + A ~ monthof January + 0010 ~ 10th inguest case for year 2017 ‘The offense/s charged For offenses that are punishable under the Revised Penal Code, thecaption shall set forththedenomination ofthe offense and the specificerticle and paragraph of the statute violated. Where there is another charge or counter-charge in the same case having one case number or in case of @ consolidated resclution involving two or more criminal cases with two or more docket numbers, the ‘caption shall also contain said information. ‘The date of the filing of the complaint with the office; ‘The date of the assignment of the case to or receipt of the case record by the investigating prosecutor; and. ‘The date that the case was submitted for resotution. b. The Contents of the Body of the Resolution: Briefsummary of the facts ofthe case; Fevised Manu for Prosecutors Volume 1-2017 Eton B2. Concise statement of the issues involved 3. Applicable laws and jurisprudence; and 4. Findings, including an enumeration of all the documentary evidence submitted by the parties and recommendations of the investigating prosecutor. All material details that should be found in the information prepared by the investigating prosecutor shall be stated in. the resolution. c Parts of a Resolution: Part 1 ~ Shall state the nature of the case as disclosed in the evidence presented by the complainant such as his affidavit—complaint, the afidavit of witnesses and documentary and physical evidence. The affidavits shall be numbered in the order of the presentation of the prosecution witnesses as disclosed in the lst, of witnesses appearing in the information. As for the documentary evidence, they shall be alphabetically marked as they would be marked during the pre-trial and ial stages of the case. Part2~ Shall contain the version of complainant of the incident. The presentation of the complainant’s cese should be concise and shall not be cluttered with details that are not necessary to show the elements of the offense. Part 3 ~ Shall allege the respondent's version of the incideat. This must also be concise. Part 4 ~ Shall contain the discussion, analysis and evaluation by the prosecutor of the evidence presented by the complainant and the respondent, without relying ‘on the weakness of the defense of tae 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 relating to the existence or absence of the elements of the crime. Citations of 44 Revised Marna for Prosecutors Volume | -2017 Edten pertinent laws and jurisprudence should support the conclusions reached. Where numerical values are important, the nuraber shall be written isi words and figures. . Parties Who Need to be Furnished with a Copy of the Resolution. ~ Complainant/s, respondent/s, and their eounsels, if any. However, if the parties ate 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 the resolution. € Signatures and Initials of Investigating Prosecutor. — The investigating prosecutor shall sign the resolution and if the resolution consists of two or more pages, the prosecutor shall initial all of said pages, excluding the signature page. f. Written Approval Required in the Dismissal of a Complaint or the Filing of Information in Court, = No Complaint/ Information may be filed or dismissed hy an investigating prosecutor without the prior waitten authority or approval ofthe Provincal/City Prosecutor ot Prosecutor General or the Ombudsman or his Deputy. 4714. Period to Conduct the Preliminary Investigation. ~ The preliminary investigation of complaints shall be terminated and resolved within a period of sixty (60) days from the date of assignment to the investigating prosecutor, with a maximum of two (2) 25-day extensions in the following cases: Capital offenses Db. Complexissues With counter-charges 4. Consolidation of related complaints fe. Reassignment ‘Seaton & paragraph j, Rule 12, Revised Rules of rina Procedure. © Socton 4, pregraph 3, Rule 12, Revised Puls of rnin! Procedure. Revisee Manual fr Prosecutors Valume | - 2017 Elton 45