Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 911)
The primary purpose of Presidential Decree No. 911 is to further amend Section 1 of Republic Act No. 5180, as amended by PD No. 77, to provide a more efficient procedure for preliminary investigations to avoid delays and unnecessary expenses in administering justice.
Statements of complainants and witnesses shall be sworn to before any fiscal, state prosecutor, or any government official authorized to administer oaths.
The officer must certify that he has personally examined the affiants and is satisfied that they voluntarily executed and understood their affidavits.
When an investigation has already been conducted by a judge of first instance, city or municipal judge, or other officer in accordance with law and the Rules of Court of the Philippines.
He shall dismiss the case.
The fiscal shall notify the respondent by issuing a subpoena requiring the respondent to submit a counter-affidavit and other supporting documents within 10 days from receipt of the subpoena.
Yes, the preliminary investigation shall proceed without the respondent if he cannot be subpoenaed or does not appear after being subpoenaed.
No, it is not necessary to require the parties and their witnesses to reaffirm their respective statements during the preliminary investigation.
The investigating fiscal must resolve the case within ten (10) days from the termination of the preliminary investigation.
No assistant fiscal or state prosecutor may file information or dismiss a case except with the prior authority or approval of the provincial or city fiscal or the Chief State Prosecutor.
The Secretary of Justice may, upon review, reverse decisions of the provincial or city fiscal or the Chief State Prosecutor and direct the investigating fiscal or another prosecutor to either file information or dismiss the case without conducting another preliminary investigation.
The fiscal must certify that he has examined the complainant and witnesses, that there is reasonable ground to believe a crime has been committed, the accused is probably guilty, the accused was informed of the complaint and evidence, and was given the opportunity to submit controverting evidence.