Filing of informations in RTCs cases

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DOJ DEPARTMENT CIRCULAR NO. 16: Filing of informations in RTCs cases

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Title Source: Supreme Court: Filing of informations in RTCs cases

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.

Law Summary

Procedures for Evaluating Probable Cause

The judge may rely on reports and supporting documents submitted by the fiscal prosecutor in determining probable cause.
The judge is not required to personally examine the complainant or witnesses.
If the judge finds no probable cause based on the fiscal’s report, the judge may set aside the report and request affidavits from witnesses to aid in the decision.

Requirements for Filing of Information in the Regional Trial Courts (RTC)

An information filed in the RTC must be supported by:
- Copies of evidence presented by the 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 judge on the matter.
Strict compliance with these evidentiary requirements is mandatory.

Legal Precedents and Authority

The Supreme Court decision in Vicente Lim, Sr. et al. vs. Hon. Nemesio S. Felix, et al., reiterated previous rulings such as Soliven vs. Makasiar regarding the determination of probable cause.
These precedents emphasize established doctrines and procedures to be observed by the courts.

Official Directive and Implementation

The Department of Justice Circular No. 16, dated April 19, 1991, mandates the above procedures for the proper filing and evaluation of informations in RTCs.
This directive aims to ensure due process and proper judicial scrutiny prior to issuing warrants of arrest.

END