Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial

Sec 43

The bail recommended in the resolution shall be written in words and figures.

Sec 44

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

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,[63] the counsel, not the party, shall be given a copy of the resolution.

Sec 46

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

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 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

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

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

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

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: the full name and aliases, if any, and address of the accused; the age and date of birth of the complainant or the accused, if eighteen (18) years of age or below; the full names and addresses of the parents, custodian or guardian of the minor complainant or accused, as the case may be; the place where the accused is actually detained; the full names and addresses of the complainant and witnesses; a detailed description of the recovered items, if any; the full name and address of the evidence custodian; and the bail recommended, if the charge is bailable. The Investigating Prosecutor shall certify under oath 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

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

The result of the preliminary investigation shall be promulgated by furnishing the parties or their counsel a copy of the resolution by: personal service; 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 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

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.[67] The court therefore may not proceed with the arraignment and trial pending resolution of the motion for reconsideration.

Sec 57

A Prosecutor shall inhibit himself from conducting a preliminary investigation in a case wherein he or his wife or child is interested as heir, legatee, creditor or otherwise; or he is related to either affinity or to counsel 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

The following periods shall be observed in the resolution of cases under preliminary investigation: 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. 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. 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]