Amendment on preliminary investigation procedures

Complaints must include sworn statements of the complainant and witnesses plus supporting documents.
Affidavits can be sworn before any fiscal, state prosecutor, or authorized government official.
The administering officer must certify personal examination of affiants and their voluntary understanding and execution of statements.

If no probable cause is found based on submitted evidence, the case shall be dismissed.
Probable cause leads to notifying the respondent via subpoena to submit counter-affidavits and documents within 10 days.
Preliminary investigation continues even if respondent cannot be subpoenaed or does not appear.
Respondent’s affidavits are also sworn before authorized officials with certification similar to complainant’s.
Respondent must provide copies of counter-evidence to the complainant.

A prima facie case requires immediate filing of information in court.
If no prima facie case exists, the case is dismissed unless clarificatory questions need to be addressed.
Clarificatory questions may be put to parties or witnesses without cross-examination; parties may suggest questions through counsel.

Parties and witnesses are not required to reaffirm statements before fiscal or prosecutor during investigation.
The preliminary investigation must be resolved within 10 days after the investigation ends.
Resolution must include findings of fact and legal basis and be furnished to all parties.

The fiscal or state prosecutor must certify under oath in the information filing:
- Examination of complainant and witnesses.
- Reasonable ground to believe a crime was committed with probable guilt of accused.
- The accused was informed of the complaint, evidence, and opportunity to submit defense.

Assistant fiscals or prosecutors cannot file/dismiss cases without prior approval of the provincial/city fiscal or Chief State Prosecutor.
If an assistant fiscal recommends dismissal but overruled for prima facie case existence, the higher fiscal/prosecutor may file information without anew investigation.
The Secretary of Justice upon review can overturn provincial/city fiscal or Chief State Prosecutor resolutions.
- If finding no prima facie case, Secretary can direct dismissal.
- If prima facie case found, Secretary can order filing of information without fresh investigation.

The decree took effect immediately upon signing.
Ensures quicker and more efficient justice by removing redundant requirements and enhancing supervision over prosecutorial functions.