CrimPro PreliminaryInvestigation Sec3&4

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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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