Article 57p. 57

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

c)

the

findings

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.

SEC. 42. Parts of a resolution . - As a rule, the body of a

resolution is made up of four parts, namely:

a)

Part 1 shall state the nature of the case as

disclosed in the evidence presented by the

complainant such as his affidavit-complaint,

the affidavit 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

list 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 trial stages of

the case.

b)

Part 2 shall contain the version of complainant

of

the

incident.

The

presentation

of

the

complainant's case should be concise and shall

not

be

cluttered with details that are not

necessary to show the elements of the offense.

c)

Part 3 shall allege the respondent’s version of

the incident. This must also be concise.

d)

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 the 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

pertinent

laws

and

jurisprudence should support the conclusions

reached.

Where

numerical

values

are

important,

the

number shall be written in

words and figures.

SEC. 43. How recommended hail is written . - The bail

recommended in the resolution shall be written in

words and figures.

SEC. 44. Recommended bail . - The bail recommended

in the resolution shall be stated in the information,

written in words and figures, and initialed by the

investigating prosecutor.

SEC. 45. Parties to be furnished with a copy of the

resolution. - The complete names and addresses of the

complainant and the respondent shall be set out at the

end

of

the

resolution

after

the

signature

of

the

investigating

prosecutor

and

the

head

of

the

Prosecutor's Office concerned under the phrase: "Copy

furnished:".

If the parties are represented by counsel and the latter's

appearance is entered formally in the record,

the

63

counsel, not the party, shall be given a copy of the

resolution.

SEC.

46.

Signature

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.

SEC. 47. Records of the case . - The investigating fiscal

shall forward his resolution, together with the complete

records of the case, to the Provincial or City Prosecutor

or Chief State Prosecutor concerned within five (5) days

from the date of his resolution.

64

SEC. 48. Action of the Provincial or City Prosecutor or

63 Note: A special appearance does not qualify.

64 Sec. 4, par.1,Rule 112, supra.

Chief State Prosecutor on resolution . - The Provincial or

City Prosecutor or Chief State Prosecutor concerned

shall act on all resolutions within ten (10) days from

receipt thereof by either approving or disapproving the

resolution or returning the same to the investigating

prosecutor for further appropriate action.' 'immediately

after approving or disapproving the resolution, the

Provincial or City Prosecutor or Chief State Prosecutor

concerned shall transmit a copy of the resolution to the

parties.

SEC. 49. Reversal by the Provincial or City Prosecutor or

Chief State Prosecutor of resolution of investigating

prosecutor . - If the Provincial or City Prosecutor or Chief

State Prosecutor reverses the recommendation in the

resolution of the investigating prosecutor, the former

may, by himself, file the corresponding information or

direct

any

other

assistant

prosecutor

or

state

prosecutor, as the case may be, to do so without need

of conducting another preliminary investigation.

SEC. 50. Approval of pleading by head of prosecution

office . - A pleading prepared by the trial prosecutor,

including ex parte motions, shall not be filed in court

without the prior written approval by the Provincial or

City Prosecutor or Chief State Prosecutor, as the case

may be, of said pleading.

SEC. 51. Motion for reinvestigation, where filed. - Before

the

arraignment

of

the

accused,

a

motion

for

reinvestigation of the case may be filed with the

City/Provincial Prosecutor, Provided, That when the

case

has

been

appealed

to

the

Regional

State

Prosecutor or the Department of Justice, such motion

may be filed, respectively, with the said offices. After

arraignment, said motion may only be filed with the

judge hearing the case.

SEC. 52. Confidentiality of resolutions. - All resolutions

prepared

by

an

Investigating

Prosecutor

after

preliminary

investigation,

whether

his

recommendation be for the filing or dismissal of the

case, shall be held in strict confidence and shall not be

made known to the parties, their counsel and/or to any

unauthorized person until the same shall have been

finally acted upon by the Provincial/City Prosecutor or

his

duly

authorized

assistant

and

approved

for

promulgation and release to the parties.

Violation

of

the

foregoing

shall

subject

the

Investigating Prosecutor or the employee of the office

concerned to severe disciplinary action.

SEC.

53.

Information/Complaint .-

The

information/complaint shall be personally and directly

prepared by the Investigating Prosecutor or such other

prosecutor designated for the purpose and signed by

him or the complainant, as the case may be. It shall

state and contain, in addition to the requirements of

the Rules of Court on the sufficiency of the allegations

in an information or complaint, the following:

a)

the full name and aliases, if any, and address of

the accused;

b)

the age and date of birth of the complainant or

the accused, if eighteen (18) years of age or

below;

c)

the full names and addresses of the parents,

custodian

or

guardian

of

the

minor

complainant or accused, as the case may be;

d)

the

place

where

the

accused

is

actually

detained;

e)

the

full

names

and

addresses

of

the

complainant and witnesses;

f)

a detailed description of the recovered items, if

any;

g)

the full name and address of the evidence

custodian; and

h)

the bail recommended, if the charge is bailable.

The Investigating Prosecutor shall certify under oath

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