Filing informations w/ evidence for probable cause

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DOJ DEPARTMENT CIRCULAR NO. 16: Filing informations w/ evidence for probable cause

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Title Supreme Court: Filing informations w/ evidence for probable cause

Law: Doj Department Circular No. 16

Decision Date: Apr 19, 1991

The DOJ Department Circular No. 16 mandates that Regional Trial Courts require comprehensive evidence, including affidavits from both complainants and respondents, to establish probable cause before issuing arrest warrants, emphasizing the judge's exclusive responsibility in this evaluation.

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Procedure for Determining Probable Cause

The judge is not required to personally examine the complainant or witnesses.
Two options for the judge in assessing probable cause:
1. Evaluate the report and supporting documents submitted by the fiscal to determine probable cause and issue the warrant accordingly.
2. If no probable cause is found from the fiscal’s report, the judge may disregard the report and require supporting affidavits from witnesses to aid in decision-making.

Supporting Documents for Filing an Information

Any information filed in the Regional Trial Court must be supported by:
- Copies of all evidence submitted by all parties.
- Affidavits of the complainant(s) and their witnesses.
- Counter-affidavits of the respondent(s) and their witnesses.
- Other relevant evidence.
- The resolution of the case by the judge.

Enforcement and Compliance

Strict compliance with the requirements and procedures is mandated.
This ensures proper judicial process and safeguards against arbitrary issuance of warrants.

Legal Precedents Cited

The circular reiterates the rulings of the Supreme Court in:
- Vicente Lim, Sr., et al. vs. Hon. Nemesio S. Felix, et al. (G.R. Nos. 94054-57)
- Jolly T. Fernandez, et al., vs. Hon. Nemesio S. Felix, et al. (G.R. Nos. 94266-69)
- Soliven vs. Makasiar, 167 SCRA 393

Purpose of the Circular

To standardize the procedure in filing informations in Regional Trial Courts.
To uphold constitutional safeguards on probable cause determination.
To direct the submission of comprehensive evidence for judicial evaluation.

Authority and Adoption

Issued by the Department of Justice.
Adopted on April 19, 1991.
Signed by then-Secretary Franklin M. Drilon.

END