29:29 - 43:15 — Rohanie

Idadaan niya kay Prosecutor. So there is no direct confrontation of the respondent and the complainant
in the clarificatory hearing. As the name suggest: Clarificatory — it is only for making things clearer or
clarification.

Within 10 days from the investigation, the prosecutor will now resolve the case. Meaning, titingnan na
niya, I w-weigh na niya yung evidence. Mas matimbang ba yung evidence ni complainant or mas
matimbang yung evidence ni respondent. Ngayon, based sa totality of the evidence presented, meron
bang probable cause to file an information in court?

We go back to probable cause. It is a well founded belief that the crime has been committed and the
respondent is probably guilty thereof and must be held for trial. So titingnan niya, may nangyari bang
krimen? Kung wala, dismissed, walang probable cause. Titingnan niya ulit, may nangyari bang krimen,
kung meron, tatnungin niya si respondent bay un? Kung hindi si respondent, dismissed. May nangyaring
krimen, si respondent bay un? Yes, si respondent yun kasi nakita sa cctv. So kung may crime na na
commit, si respondent and author, may probable cause. File it in court ngayon. Pero, itong 10 days, sa
sobrang dam ing piniPI ng mga prosecutors, kaya ba nila ang 10 days? Sabin g Supreme Court sa Tatad
vs. Sandiganbayan, “It is only directory, but cannot be disregarded completely as it will violate the right
to speedy trial.” So directory lang siya, hindi siya mandatory.

Prosecutors are actually given 60 days to resolve preliminary investigations. So this is actually a flow
chart.

You file a complaint, if there is no ground, you recommend for the dismissal and then you write for a
resolution.

When we talk about resolutions of cases, yung tawag sa decision.. Diba in court there’s decision
or judgment. Yung parang final decision, if it’s a court, it’s called judgment. Yung decision dun sa
prosecutors level, during preliminary investigation, ang tawag dun “resolution.”

So a reolution can only be signed by the chief prosecutor. It could be the City prosecutor, the
provincial prosecutor, the regional prosecutor, or the prosecutor general.

Instances: Let’s say nag leave si City prosecutor, ang pipirma, si Deputy-City prosecutor. But, it
must always be in the approval of the prosecutor. Titingnan natin mamaya kung pwede bay an i-
waive.

If the complaint has groud, what will happen? You issue a subpoena and the respondent will submit the
counter affidavit. After submitting the counter affidavit, pwede pang mag file ulit, sasagutin ngayon ni
complainant—ang tawag dun reply affidavit. And then gusto ulit sagutin ni respondent yung reply
affidvit, ang tawag dun is rejoinder affidavit. And then kailangan ba ng clarificatory hearing? If kailangan,
you conduct it, if not, mag resolution ka na.

Another flow chart: If there is no probable cause, you recommend for the dismissal of the complaint.
And then if there’s already the recommendation, there will be the action of the city prosecutor, the
provincial prosecutor or the prosecutor general.
If it is sustained—meaning, agree si chief the dismissed na siya. If reverse (not dismissable and may
probable cause) file this in court.

If there is probable cause, you recommend the filing of the information in court. And i-a-approve ulit ni
chief prosecutor. If it is sustained, it will be filed in court. But you can actually file for motion for
reconsideration or an appeal, a petition for review.

Yung pinak appeal natin dito is actually covered by the December 2000. Nakalagay dun na if you have
any questions, you want to assail or if you have a question the decision of prosecutors, you can file a
petition for review. Where will you file? If it is MTC—meaning, 6 years below, you file it before the
regional prosecutor. If it is RTC—you file it to the office of secretary of justice.

Let’s say, unjust vexation or falsification, BP 22 — dinismiss ni provincial prosecutor. Sabi ni

complainant, “I want to appeal this.” You file sa Regional prosecution office because it is MTC
Jurisdiction.

Let’s say ang kaso naman is Libel, where will you file it? You will file it in the Office of Secretary of
Justice. Why? Because Libel, although prision correcional (Less than 6 years—dapat MTC siya) But by
direct provision of Article 340 of the Revised Penal Code, the Jurisdiction of Libel is in RTC.

So again, no complaint of information may be filed or dismissed by the investigating prosecutor without
the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or
the ombudsman or his deputy.

In Villa Gomez vs. People, and PNB vs Owaminal. A fairly new case, was decided only last year. Ang sabi
dito, ano ang mangyayari if it was filed or the information was filed without the approval of the chief
prosecutor? Ang sabi ng SC, “the lack of authority or signature of the chief prosecutor is not
jurisdictional and waivable. The handling prosecutor’s authority particularly as it doesn’t appear in the
case of the information has no connection to the trial court’s power to hear and decide a case. Hence,
Section 3(b), Rule 117 requiring the handling prosecutor to secure the signature authority or approval
from chief city or provincial prosec before filing an information in the courts MAY BE WAIVED by the
accuse by silence or before entering a plea.

Anong nangyari dito? May information, finile sa court, so pag file sa court, nag arraignment na si accuse,
nag trial na sila, in the middle, napansin niaccused na hindi naman pala approved ng Chief prosec, this is
ground for dismissal. Hindi pinirmahan. So the accused questioned it, let’s move for the quashal of the
information kasi it did not comply in form and in sunstance. So umabot hanggang SC. SC held that yung
approval is not jurisdictional. It will not invest jurisdiction to the court. Pwede mo sila ma file kahit wala.
Now, the signature of the CP in the information is waivable — meaning, if na file mo na yan and hindi ka
nag object then it is considered. In this case, nag arraignment na, nag trial na. Considered waived na siya
because it is actually waived through silence, acquiescence and failure to raise such ground during
arraignment.

Why during arraignment? The rule is a motion to quash, generally must be raised before arraignment.
So, it is not fatal, it is not jurisdictional if there is a lack of signature of chief prosecutor.

Where do you appeal the resolution on PI? July 3, 2000 Department Circular 70-70-A MTC Jurisdiction ,
Regional prosecutor office, MTC Jurisdiction. In the NCR, it is office of the prosecutor general. The PG is
the head of all the prosecutor all over the Philippines. The PG rn is Benedicto L Malcontento. He is from
Koronadal.

Why MTC Jurisdiction in the NCR? Because, the PG has the concurrent capacity as the Regional
Prosecutor of the National Capital region. Pag MTC sa NCR, dun sa PG, But if it is RTC, anywhere in the
PH the petition for review will go to the office of the secretary of Justice.

Trespo (or Crespo—Check slides) vs Bogol. Take note of this because this is also a Landmark decision.
Ang nangyari dito is Mark Jimenez is dating Congressman sa Manila, so may kaso siya na na file sa court.
Si MArk Jimenez, he appealed to the office of the secretary of justice a petition for review. Pag dating sa
SoJ, walang probable cause, so Soj said, you withdraw the information in Court. So ang ginawa ni Fiscal,
sabi niya kay Judge, sabi ni SoJ I withdraw ko raw yung information. Sabi naman ni Judge, ayokong I
withdraw mo, patuloy ang kaso! Kaso sabi ni Fiscal, I withdraw daw kasi yun sabi ng boss niya which is si
SoJ, sabi ni Judge, boss mo yan, di ko yan boss. Gusto ko ipatuloy ang kaso. So basically yan yung issue
jan. Gusto I withdraw ng prosecution at ayaw I withdraw ni judge.

PI is executive in nature.