Article 56p. 56

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

resolution:

a)

when the respondent cannot be subpoenaed

or,

if

subpoenaed,

does

not

submit

his

counter-affidavit

within

the

reglementary

period.

In

such

a

case,

the

Investigating

Prosecutor shall base his resolution on the

evidence presented by the complainant; or

58

b)

upon

submission

by

the

parties

of

their

respective affidavits and supporting proof or

documents, in which event, he shall, upon the

evidence thus adduced, determine whether or

not

there is sufficient ground to hold the

respondent for trial

59

SEC. 29. Lack of probable cause .- If the Investigating

Prosecutor

does

not

find

sufficient

basis

for

the

prosecution of the respondent, he shall prepare the

resolution

recommending

the

dismissal

of

the

complaint.

SEC. 30. Finding of probable cause . - If the Investigating

Prosecutor finds that probable cause exists, he shall

prepare

the

resolution

and

the

corresponding

information or complaint in the appropriate cases.

Where the respondent is a public officer or employee or

a member of the Philippine National Police (PNP), the

Investigating Prosecutor shall also determine whether

or not the offense with which he is charged was

committed in relation to his office and, if so committed,

such fact should be alleged in the information to be

filed

with

the

Sandiganbayan

through

the

Ombudsman

60

SEC. 31. Reopening of investigation .- After a case under

preliminary

investigation

has

been

submitted

for

resolution

under

the

provisions

of

the

preceding

Section but before promulgation of the resolution, the

preliminary investigation may be reopened for the

purpose of receiving new and/or additional evidence

upon

the

prior

authorization

given

by

the

Provincial/City Prosecutor concerned or upon motion of

the interested party, Provided, That in the latter case, it

shall be subject to the following conditions:

a)

the

motion

is verified and a copy thereof

furnished the opposing party;

b)

the

motion

is

accompanied

with the new

and/or additional evidence; and

c)

the motion sufficiently and satisfactorily shows

valid and justifiable reason for the failure of the

movant to submit the new and/or additional

evidence during the preliminary investigation

proceedings.

SEC. 32. Cases Transmitted by the Municipal Trial Judge .

- Upon receipt of the records of the case from the

Municipal Trial Court or Municipal Circuit Trial Court

which conducted the Preliminary Investigation, the

Prosecution Office shall review the case based on the

existing records, without requesting the parties to

submit memorandum of authorities,

and may affirm,

61

modify or reverse the finding of the Municipal Trial

Court judge. However, if the interest of justice so

requires, the prosecutor may conduct a full blown

reinvestigation giving the parties the opportunity to

submit additional evidence, and thereafter, resolve the

case on the basis of the totality of the evidence thus

adduced.

SEC. 33. Memoranda . - The Investigating Prosecutor

shall not require nor allow the filing or 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

58 Secs. 3 (d) & (f), Rule 112, ibid.

59 Sections 3(d) & (f), Rule 112, ibid.

60 Republic vs. Maximiano Asuncion, G.R. No. L-108208, March

1994.

61 Department of Justice Memorandum Circular No.7, s.1988.

be done simultaneously and the period therefore shall

not exceed ten (10) days, unless a longer period is

authorized by the Provincial/City Prosecutor concerned.

SEC. 34. Period for resolving a case . - The Investigating

Prosecutor shall resolve the case within ten (10) days

from the time the case is deemed submitted for

resolution,

unless otherwise provided herein or a

62

longer

period

is

authorized

by

the

Provincial/City

Prosecutor concerned.

SEC. 35. Form of resolution and number of copies.- The

resolution shall be written in the official language,

personally and directly prepared and signed by the

Investigating Prosecutor. It shall be prepared in as

many

copies

as

there

are

parties,

plus

three

(3)

additional copies.

SEC. 36. Contents of the resolution . - A resolution shall

contain a caption and a body.

SEC. 37. Caption of resolution . - The caption of the

resolution shall indicate the:

a)

names of all the complainants and all of the

respondents;

b)

Case

Number,

otherwise

known

as

the

Investigation Slip Number or 1.8. No.;

c)

the offense charged;

d)

the date of the filing of the complaint with the

office;

e)

the date of the assignment of the case to or

receipt of the case record by the Investigating

Officer; and

f)

the date the case was submitted for resolution.

SEC. 38. Names of parties . - The complete names of all

the complainants and respondents in the case shall be

set out in the caption of the resolution. It is not proper

to use the phrase "et. al." to refer to other complainants

and respondents.

The name of the victim or injured party, not their

representative, shall appear in the caption. In cases

referred to the prosecution by the police where there is

no identified victim, as in prohibited drugs cases, the

complainant

shall

be

the

police

station

involved,

followed by the name and designation of the police

officer representing the police station. In homicide or

murder

cases,

the

name of the victim or of the

complainant shall be in the caption. The heirs or

relatives of the slain victim shall be indicated as "Legal

heirs of deceased (name or person killed)", represented

by "(either the surviving spouse, father or mother)".

In the case of a corporation or judicial entity, its

corporate name or identity shall be indicated and

written as follows. " 'X' Corporation, represented by its

(position title), (name of corporate officer)".

SEC. 39. Case number . - The number of a case shall

indicate the year and month; it was filed and its entry

number

in

the

log

book

of

the

office,

e.g.

97

(year)A(month)-024(entry number).

SEC. 40. Designation of offense charged . - For offenses

that are punishable under the Revised Penal Code, the

caption shall set forth the denomination of the offense

and the specific article and paragraph of the statute

violated.

Where there is another charge or countercharge in the

same case having one case number or in case of a

consolidated resolution involving two or more criminal

cases with two or more docket numbers, the caption

shall also contain said information.

SEC. 41. Contents of body of resolution . - In general, the

body of resolution should contain:

a)

a brief summary of the facts of the case;

b)

a concise statement of the issues involved; and

62 Sec. 3(f), Rule 112, supra.

© Compiled By RGL

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