Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 328)
The primary purpose of the summary preliminary investigation is to determine whether there is prima facie evidence warranting referral to a military commission for trial.
The investigator conducting the summary preliminary investigation has the authority, and the investigation report is forwarded to the Judge Advocate General, AFP.
The investigator has the power to issue compulsory processes to secure testimonial or documentary evidence.
The Judge Advocate General, AFP, determines for either the Secretary of National Defense or the Chief of Staff, AFP, whether the case shall be referred for trial by a military commission.
The investigation shall, to the extent appropriate, follow the procedure set forth in Presidential Decree No. 77 dated December 6, 1972.
A provision allowing for the perpetuation of testimony through deposition when a witness is too sick, infirm, has to leave the Philippines indefinitely, or when delay would result in failure of justice or affect national security.
If the witness is too sick or infirm, must leave the Philippines with no definite return date, or if delay in testimony may cause failure of justice or adversely affect national security.
The perpetuated testimony must be taken by question and answer in the presence of the other party or with reasonable notice to attend; the petition for perpetuation should be published at least once a week for two consecutive weeks in a newspaper of general circulation.
Yes, the testimony thus perpetuated is admissible even for or against persons who were not present at the time of perpetuation.
Such failure or refusal shall be considered a waiver.
The Decree took effect immediately upon its signing on October 31, 1973.