QuestionsQuestions (PRESIDENTIAL DECREE NO. 77)
The main purpose of Presidential Decree No. 77 is to amend Section 1 of Republic Act No. 5180 to prescribe a uniform system of preliminary investigation by provincial and city fiscals and their assistants, and by state attorneys or their assistants, in a manner that is expeditious and time-efficient for the administration of justice.
Preliminary investigations must be conducted by provincial or city fiscals or any of their assistants, or by the Chief State Prosecutor or his assistants, except when an investigation is conducted by a judge of first instance, city or municipal judge, or other officer in accordance with law and the Rules of Court.
All complaints must be accompanied by sworn statements of the complainant and his witnesses, as well as other supporting documents.
Statements by the complainant and witnesses must be sworn before the investigating fiscal or state prosecutor, who will examine and ensure that these statements were voluntarily executed and understood.
If no prima facie case appears, the investigating fiscal or state prosecutor shall dismiss the case.
If a prima facie case is established, the respondent shall be notified by subpoena to submit counter-affidavits and other supporting documents within not more than ten days from receipt of the subpoena, which shall include a copy of the complaint, sworn statements, and other evidence.
Yes, the fiscal or state prosecutor may subpoena either or both parties or their witnesses and ask clarificatory questions during which both complainant and respondent may be present but without the right to examine or cross-examine.
No, the right to confront and cross-examine is not allowed during the preliminary investigation under this decree; parties may be present but cannot examine or cross-examine witnesses.
The fiscal or state prosecutor must help the complainant and respondent and their witnesses in the preparation and execution of their affidavits if requested.
An assistant fiscal or state prosecutor may file an information only with the prior authority or approval of the city or provincial fiscal or chief state prosecutor, and only in cases where he himself conducted the preliminary investigation.
He must certify under oath that he examined the complainant and his witnesses, that reasonable ground exists to believe a crime was committed and that the accused is probably guilty, that the accused was informed of the complaint and evidence against him, and that the accused was given a chance to submit controverting evidence.
Yes, all provisions of existing laws, orders, rules, and regulations contrary to or inconsistent with this decree are repealed.