Article 55p. 55

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

However,

if

such

memorandum,

manifestation

or

motion to dismiss is verified by the respondent himself,

the same may be considered a counter-affidavit.

SEC. 19. Motion for dismissal of bill of particulars .-The

filing of a motion for the dismissal of the complaint or

for the submission of a bill of particulars shall not

suspend or interrupt the running of the period for the

submission of counter-affidavits and other supporting

documents.

All the grounds for the dismissal of the complaint, as

well as objections to the sufficiency thereof, shall be

alleged or incorporated in the counter-affidavit and

shall be resolved by the Investigating Prosecutor jointly

on the merits of the case.

The Investigating Prosecutor may grant a motion to

dismiss filed by a respondent who is yet to file or has

not filed his counter-affidavit if the said motion is

verified and satisfactorily establishes, among others:

a)

the circumstances specified in sub-paragraphs

(a), (b)9 (c) and (d) and (e) of Section 14 of this

Part;

b)

the fact that the complaint, or one similar

thereto or identical therewith, has previously

been filed with the Office and has been fully

adjudicated

upon

on

the merits after due

preliminary investigation proceedings; or

c)

the extinction of respondents criminal liability

by reason of death, pardon, amnesty, repeal of

the law under which prosecution is sought, or

other legal causes.

SEC. 20. Consolidation .- The following cases shall, as far

as

practicable,

be

consolidated

for

preliminary

investigation purposes and assigned to and jointly

heard by one Investigating Officer:

a)

charges and counter-charges;

b)

cases arising from one and the same incident

or

transaction

or

series

of

incident

or

transactions; and

c)

cases involving common parties and founded

on factual and/or legal issues of the same or

similar character.

SEC. 21. Extension of time . - 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 reasonable time or sufficient

opportunity to:

a)

engage the services of counsel to assist him in

the preliminary investigation proceedings;

b)

examine or verify the existence, authenticity or

accuracy of voluminous records, files, accounts

or other papers or documents presented or

submitted in support of the complaint; or

c)

undertake

studies

or

research

on

novel,

complicated or 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. Additional extensions may be authorized by the

Provincial/City Prosecutor concerned.

SEC. 22. Suspension of proceedings .- Upon motion of a

party,

or

when

raised

in

a

counter-affidavit,

the

Investigating Prosecutor may suspend the preliminary

investigation

proceedings

if

the

existence

of

a

prejudicial question is satisfactorily established.

52

The existence of a prejudicial question shall, however,

not be a ground for the dismissal of the complaint.

SEC. 23. Concept of prejudicial question .- A prejudicial

"Bulacan Garden Corporation vs. Filomena", OPP, Bulacan).

52 Sec.6, Rule 111, ibid.

question is one the resolution of which is a logical

antecedent of the issue involved in a case and the

cognizance of which pertains to another tribunal.

It is

53

based on a fact distinct and separate from the crime

charged but so intimately connected with it that it

determines the guilt or innocence of the accused. To

suspend the criminal action, it must not only appear

that said case involves facts intimately related to those

upon which the criminal prosecution would be based

but also that in the resolution of the issue or issues

raised in the civil case, the guilt or innocence of the

accused would necessarily be determined.

54

SEC.

24.

Elements

of

prejudicial

question .

-

The

essential elements of a prejudicial question are:

a)

the civil action involves an issue similar or

intimately related to the issue raised in the

criminal action;

b)

the

resolution

of

such

issue

determines

whether

or

not

the

criminal

action

may

proceed ; and

55

c)

the cognizance of the said issue pertains to

another tribunal.

56

SEC.

25.

Issuance

of

orders

of

suspension

of

proceedings .- No resolution or order suspending the

preliminary investigation based on the existence of a

prejudicial question shall be issued by the Investigating

Prosecutor

without

the

written

approval

of

the

Provincial/City

Prosecutor

concerned

or

his

duly

designated assistant.

SEC.

26.

Reply-affidavits

and

rejoinders .-

The

Investigating Prosecutor shall not require or allow the

filing or submission of reply-affidavits and/or rejoinders,

except where new issues of fact or questions of law

which are material and substantial in nature are raised

or

invoked

in

the

counter-affidavit

or subsequent

pleadings and there exists a need for said issues or

questions to be controverted or rebutted, clarified or

explained to enable the Investigating Prosecutor to

arrive at a fair and judicious resolution of the case. In

such a case, the period for the submission of reply

affidavits or rejoinders shall in no case exceed five (5)

days

unless

a longer period is authorized by the

Provincial/City Prosecutor concerned.

SEC. 27. Clarificatory questions . - The Investigating

Prosecutor may set a hearing to propound clarificatory

questions to the parties or their witnesses if he believes

that there are matters which need to be inquired into

personally by him. In said hearing, 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.

57

The Investigating Prosecutor shall make a record of the

questions

asked

and

answers

given

during

the

clarificatory questioning which shall be signed by the

parties concerned and/or their respective counsel. Said

notes shall form part of the official records of the case.

Parties who desire to file a petition for review of the

Investigating Officer's resolution may, at their option,

cite specific portions of the oral testimony by reference

to the transcript of stenographic notes. Said notes shall

only be transcribed in cases of appeal and shall be

obtained at the expense of the interested party.

SEC.

28.

Submission

of

case for resolution . - The

Investigating

Prosecutor

shall

case

submitted

for

53 Ras vs. Rasul, 100 SCRA 125 [1980]; Quiambao vs. Osono, G. R.

No.48157, March 16, 1988; and Appendix “P”

54 Donato vs. Luna, G.R. No.53642, April 15, 1988; Prado vs. People,

133 SCRA 602 [1984]; and Librodo vs. Coscolluela, Jr., 116 SCRA

303 [1982].

55 Sec. 5, Rule 111, supra.

56 Cf. Ras vs. Rasul, supra; Quiambao vs. Osono, supra.

57 Sec. 3(e), Rule 112, supra.

© Compiled By RGL

55 of 98