Article 58p. 58

SPECIAL RULES OF PROCEDURE SUPPLEMENT TO THE RULES OF COURT

that he or, as shown by the record, an authorized

officer, had personally examined the complainant and

his witnesses; that there is reasonable ground to believe

that a crime has been committed and that the accused

is

probably

guilty

thereof;

that

the

accused

was

informed

of

the

complaint

and

of

the

evidence

submitted against him and that he was given an

opportunity to submit controverting evidence; and that

he is filing the complaint or information with the prior

authority and approval of the Provincial/City Prosecutor

concerned.

65

SEC.

54.

Documents

to

be

attached

to

information/complaint . - An information/complaint that

is

filed

in

court

shall,

as

far

as

practicable,

be

accompanied

by

a

copy

of

the

resolution of the

Investigating Prosecutor, the complainant's affidavit,

the sworn statements of the prosecution's witnesses,

the

respondent's

counter-affidavit

and

the

sworn

statements of his witnesses and such other evidence as

may have been taken into account in arriving at a

determination of the existence of probable cause.

66

SEC. 55. Promulgation of resolution .- The result of the

preliminary

investigation

shall

be

promulgated

by

furnishing the parties or their counsel a copy of the

resolution by:

a)

personal service;

b)

registered

mail

with

return

card

to

the

complainant,

and

by

ordinary

mail

to

the

respondent, if the resolution is for the dismissal

of the complaint; or

c)

registered

mail

with

return

card

to

the

respondent,

and

by

ordinary

mail

to

the

complainant,

if

the

resolution

is

for

the

indictment of the respondent.

SEC. 56. Motion for reconsideration . - A motion for

reconsideration may be filed within ten (10) days from

receipt of the resolution. The motion shall be verified,

addressed to the Provincial/City Prosecutor or the Chief

State Prosecutor, and accompanied by proof of service

of a copy thereof on the opposing party and must state

clearly

and

distinctly

the

grounds

relied

upon

in

support of the motion.

A motion for reconsideration is still part of due process

in the preliminary investigation. The denial thereof is a

reversible error as it constitutes a deprivation of the

respondent's right to a full preliminary investigation

preparatory to the filing of the information against him.

The court therefore may not proceed with the

67

arraignment and trial pending resolution of the motion

for reconsideration.

SEC. 57. Inhibition . - A Prosecutor shall inhibit himself

from conducting a preliminary investigation in a case

wherein -

a)

he or his wife or child is interested as heir,

legatee, creditor or otherwise; or

b)

he is related to either affinity or to counsel

c)

he has been named counsel. party within the

6th degree of consanguinity or within the 4th

degree; or executor, administrator, guardian,

trustee or

A motion to disqualify or inhibit the Investigating

Prosecutor may be filed with the City/Provincial or Chief

State Prosecutor concerned for just or valid reasons

other than those mentioned above.

SEC. 58. Period to resolve cases under preliminary

investigation. - The following periods shall be observed

in

the

resolution

of

cases

under

preliminary

65 Section 4 (2) Rule 112, supra.

66 Lim V. Felix, G. R. No.94054-57, and Fernandez V. Felix, G.R.

No.94266-57, 194 SCRA 292 [1991]; See also Allado V. Diokno, 232

SCRA 192 [1994].

67 Torralba vs. Sandiganbayan, 230 SCRA 33 [1994].

investigation:

a)

The

preliminary

investigation

of complaints

charging a capital offense shall be terminated

and resolved within ninety (90) days from the

date

of

assignment

to

the

Investigating

Prosecutor.

b)

The

preliminary

investigation

of

all

other

complaints involving crimes cognizable by the

Regional Trial Courts shall be terminated and

resolved within sixty (60) days from the date of

assignment.

c)

In

cases

of

complaints

involving

crimes

cognizable by the Metropolitan Trial Courts,

Municipal Trial Courts and Municipal Circuit

Trial

Courts,

the

preliminary investigation -

should

the

same

be

warranted

by

the

circumstances

-

shall

be

terminated

and

resolved within sixty (60) days from the date of

assignment to the Investigating Prosecutor.

In all instances, the total period (from the date of

assignment to the time of actual resolution) that may

be consumed in the conduct of the formal preliminary

investigation shall not exceed the periods prescribed

herein.

68

PART IVڈ PETITION FOR REVIEW

69

SECTION

1.

Subject

of

petition

for

review .-

Only

resolutions of the Chief State Prosecutor/Regional State

Prosecutor/Provincial or City Prosecutor dismissing a

criminal complaint may be the subject of a Petition for

Review to the Secretary of Justice except as otherwise

provided in Section 4 hereof.

A

petition from the resolution of a Provincial/City

Prosecutor where the penalty prescribed for the offense

charged

does

not

exceed

prision

correccional,

regardless of the imposable fine, shall be made to the

Regional

State

Prosecutor

who

shall

resolve

the

petitions with finality. Such petitions shall also be

governed by these rules.

The provision of the preceding paragraph on the finality

of the resolution of the Regional State Prosecutor

notwithstanding, the Secretary of Justice may, in the

interest of justice and pursuant to his residual authority

of supervision and control over the prosecutors of the

Department of Justice, order the automatic review by

his

office

of

the resolution of the Regional State

Prosecutors in the cases appealed to the latter.

SEC. 2. Period to file petition .- The petition must be filed

within a period of fifteen (15) days from receipt of the

questioned resolution by the party or his counsel. The

period shall be interrupted only by the filing of a

motion for reconsideration within ten (10) days from

receipt of the resolution and shall continue to run from

the time the resolution denying the motion shall have

been received by the movant or his counsel.

SEC. 3. Form and contents . - The petition shall be

verified

by

the

petitioner

and

shall

contain

the

following:

a)

date of receipt of the questioned resolution;

date of filing of the motion for reconsideration;

if any; and date of receipt of the resolution on

the motion for reconsideration;

b)

names and addresses of the parties;

c)

the Investigation Slip Number or I.S. No. and/or

criminal case number and the title of the case;

d)

the venue of the preliminary investigation;

e)

a clear and concise statement of the facts, the

68 Department of Justice Circular No.24 dated 24 March 1995.

69 Department Order No.223 dated June 30,1993 as amended by DO

No.359 dated October 17, 1995.

© Compiled By RGL

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