Scope of Preliminary Investigation
- Preliminary investigation required before filing information for offenses cognizable by the Court of First Instance.
- Exception applies if investigation was conducted by a judge or other authorized officer under the Rules of Court.
- Applies to provincial or city fiscal, their assistants, Chief State Prosecutor and their assistants.
Filing Complaints and Supporting Evidence
- Complaints must be accompanied by sworn statements of the complainant and witnesses and any supporting documents.
- Statements must be sworn before the investigating prosecutor.
- Prosecutor examines statements to ensure voluntary execution and comprehension by declarants.
Determination of Prima Facie Case
- If no prima facie case appears from the complainant’s sworn statements and documents, prosecutor shall dismiss the case.
- If a prima facie case exists, the respondent must be notified and subpoenaed.
Procedures for Respondent Participation
- Subpoena requires respondent to submit counter-affidavits and supporting documents within 10 days from receipt.
- Subpoena includes copy of complaint, sworn statements, and other evidence for the respondent’s examination.
- Respondent’s statements and witnesses’ affidavits must also be sworn before the investigating prosecutor.
Clarificatory Proceedings
- Prosecutor may subpoena complainant, respondent, or their witnesses for clarificatory questions.
- Both parties may be present but without rights to examine or cross-examine.
- Prosecutor assists parties in preparing affidavits if requested.
Certification by Prosecutor When Filing Information
- Prosecutor must certify under oath that:
- He has examined complainant and witnesses.
- Reasonable ground exists to believe a crime was committed and that the accused is probably guilty.
- Accused was informed of the complaint and evidence against him.
- Accused was given opportunity to submit evidence to controvert the complaint.
Filing Limitations and Approvals
- Assistant prosecutor may file information only with prior approval of the city or provincial fiscal or chief state prosecutor.
- Filing allowed only in cases where the assistant prosecutor conducted the preliminary investigation.
Repeal and Effectivity
- Any inconsistent laws, orders, rules, or regulations are repealed in conflict with this decree.
- The decree takes immediate effect upon issuance.
This comprehensive amendment streamlines the preliminary investigation process, removes the requirement of confrontation and cross-examination during investigation, and ensures procedural safeguards while facilitating expeditious justice administration.