Rights of the Accused During Preliminary Investigation
- Accused must be given notice and a chance to be heard by issuance of subpoena.
- If the accused appears, investigation occurs in their presence.
- Accused has the right to:
- Be heard.
- Cross-examine complainant and witnesses.
- Present evidence and witnesses in their favor.
- If accused cannot be subpoenaed or fails to appear, investigation proceeds without them.
Testimonies and Affidavits
- Complainant and witnesses must submit sworn affidavits as their testimony on direct examination.
- Accused or their witnesses who choose to testify must also submit sworn affidavits.
- Right to cross-examination applies to all sworn testimonies.
- Fiscal or state attorney assists parties in preparing and executing affidavits if requested.
Certification and Filing of Information
- Fiscal or state attorney must certify under oath in the information:
- That the accused was given a chance to appear in person or by counsel during the investigation.
- Assistant fiscals or state attorneys may only file information upon prior approval from their superior and if they conducted the investigation themselves.
Investigations Involving Persons in Custody
- Investigations of persons in custody must observe Section Fifteen, Rule 112, of the New Rules of Court.
Repeal and Effectivity
- All laws, provisions of city charters, rules, or regulations contrary to this Act are repealed.
- The Act takes effect upon approval on September 8, 1967.