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CrimPro PreliminaryInvestigation Sec3&4

This document outlines the process and procedures for investigating and resolving complaints in the Philippines. It details the steps an investigating officer must take which includes examining affidavits and evidence from both the complainant and respondent. The officer then determines if there is sufficient ground to proceed or dismiss the case. If proceeding, the officer issues a resolution and certifies they personally examined the evidence from both parties. The resolution can then be approved or modified by prosecutorial authorities, with a deadline of 10 days to take action and inform the parties.

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0% found this document useful (0 votes)
122 views1 page

CrimPro PreliminaryInvestigation Sec3&4

This document outlines the process and procedures for investigating and resolving complaints in the Philippines. It details the steps an investigating officer must take which includes examining affidavits and evidence from both the complainant and respondent. The officer then determines if there is sufficient ground to proceed or dismiss the case. If proceeding, the officer issues a resolution and certifies they personally examined the evidence from both parties. The resolution can then be approved or modified by prosecutorial authorities, with a deadline of 10 days to take action and inform the parties.

Uploaded by

LegalMat
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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COMPAINT

DETERMINATION OF SUFFICIENT GROUND


 address of the respondent BY INVESTIGATING OFFICER
 affidavits of the complainant and If there is NONE If THERE IS
his witnesses
 supporting documents to establish DISMISS RESOLUTION AND
10D
probable cause subscribed and INFORMATION
sworn to With authority and
 copies as there are respondents, HEARING approval of: Shall certify under oath that he,
or an authorized officer,
By investigating officer if there are facts and issues to be provincial or city personally examined the
clarified from a party or a witness. prosecutor complainant and his witnesses;
10D The parties can be present at the hearing but or  there is reasonable
Without the right to examine or cross-examine. chief state ground to believe…;
May, submit to the investigating officer questions which prosecutor  accused was informed
may be asked to the party or witness concerned. or of the complaint and of
INVESTIGATING OFFICER Ombudsman or
Terminated within 5D deputy.
the evidence submitted
against him;
Continue with the Dismiss
 he submitted
investigation, or
Upon petition by a proper party under such rules as the controverting evidence.
Issue a subpoena with Department of Justice may prescribe or motu propio,
10D Secretary of Justice reverses or modifies the resolution of
 copy of complaint
the provincial or city prosecutor or chief state prosecutor, he 5D
 affidavits and
shall direct the prosecutor to file info or dismiss w/o another
 documents.

COUNTER AFFIDAVIT OF RESPONDENT RESOLUTION TO THE PROVINCIAL OR CITY


PROSECUTOR OR CHIEF STATE PROSECUTOR, OR
If the respondent The counter-affidavits
RESPONDENT TO THE OMBUDSMAN OR HIS DEPUTY
CANNOT be subpoenaed,
 subscribed and If the disapproved (for ombudsman in cases of
Examine the evidence on the ground that a offenses cognizable by the
or sworn (a)
 copies probable cause Sandiganbayan in the exercise
 not have been 10D if subpoenaed, DOES exists, may, of its original jurisdiction)
furnished NOT submit counter The respondent shall not
 if voluminous by himself, or direct They shall act on the resolution
be allowed to file a motion
those specified Investigating office resolve another assistant
to dismiss in lieu of a within 10D
by complainant based on the evidence prosecutor or state
counter-affidavit.
presented by the prosecutor to file the immediately inform the parties of
Copy them at his expense. complainant. information even such action
without another P.I.

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