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Preliminary Investigation Process

The document outlines the preliminary investigation process for complaints in the Philippines. It involves the investigating prosecutor reviewing the complaint within 10 days, determining if there is sufficient evidence, and either dismissing the case, issuing a subpoena, or filing the case in court. If not dismissed, the provincial or city prosecutor then reviews within 10 days and can either dismiss the case or issue a warrant of arrest if probable cause is found. The process is similar for complaints originating from judges, with different transmittal and review periods for the prosecutor.

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monet_antonio
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2K views

Preliminary Investigation Process

The document outlines the preliminary investigation process for complaints in the Philippines. It involves the investigating prosecutor reviewing the complaint within 10 days, determining if there is sufficient evidence, and either dismissing the case, issuing a subpoena, or filing the case in court. If not dismissed, the provincial or city prosecutor then reviews within 10 days and can either dismiss the case or issue a warrant of arrest if probable cause is found. The process is similar for complaints originating from judges, with different transmittal and review periods for the prosecutor.

Uploaded by

monet_antonio
Copyright
© Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Preliminary Investigation Process

COMPLAINT raffled Investigating Prosecutor (10 days)

A
Files the case in court

Sufficient Evidence Evidence Issue a Subpoena

none DISMISS

Writes Resolution & Information NOT DISMISS approved Provincial/City Prosecutor (10 days from receipt)

Respondent makes Counter-Affidavit (10 days from receipt) 5 days to transmit CounterAffidavit none Investigating Prosecutor resolve the complaint (10 days) Probable cause none Writes Resolution & Recommendation for Dismissal

w/in 10 days from submission Clarificatory Hearing (5 days) Investigating Prosecutor writes Resolution & Information 5 days to transmit Provincial/City Prosecutor (10 days from receipt)

DISMISS none ISSUE WARRANT OF ARREST OR COMMITMENT ORDER Probable cause

approved Files the case in court COURT (10 days from filing of the case)

If it originates from a judge, the process is the same, the only difference is the transmittal period and the number of days allotted for the Provincial/City Prosecutor to review the case which is 10 and 30 days respectively.

M. D. Antonio

29 June 2012

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