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Resolution Of Investigating Prosecutor And Its Review


Section 4.

After having filed the information, the prosecutor is called upon to
prosecute the case in court. It has been said that at this stage, unlike
judges who are mandated to display cold neutrality in hearing cases,
the prosecutors are not required to divest themselves of their personal
convictions and refrain from exhibiting partiality. But while he may
strike hard blows, he is not at liberty to strike foul ones.



resolution of investigating prosecutor


HE SHALL CERTIFY UNDER OATH IN THE INFORMATION THAT:
1. he or an authorized officer personally examined the complainant and
   his witnesses;
2. there is reasonable ground a crime has been committed and the accused
   is probably guilty thereof;
3. the accused was informed of the complaint and the evidence against him; and
4. the accused was given an opportunity to submit controverting evidence.

No complaint or information may be filed or dismissed by an investigating
prosecutor without the prior written authority or approval of the provincial
or city prosecutor or the Ombudsman or his deputy.

EFFECTS OF EXCLUSION OF OTHER PERSONS FROM
THE INFORMATION
1. If during the trial, evidence is shown that such persons should have
   been charged, the fact that they were not included in the information
   does not relieve them of criminal liability, and they can be
   subsequently prosecuted.
2. The accused who has been charged with the offense is not allowed to
   escape punishment merely because it develops in the course of the
   trial that there were other guilty participants in the crime.
3. It does not vitiate the validity of the information. Neither is the
   same a ground for a motion to quash.

Role of Secretary Of Justice
   - The Secretary of Justice is not prevented from entertaining an
     appeal from the accused or from the offended party even after the
     information has been filed and the trial court has arraigned the
     accused. Section 4 of DOJ 223 should be construed as merely
     enjoining the Secretary of Justice to refrain, as far as practicable,
     from entertaining a petition for review or appeal from the action of
     the prosecutor once the complaint or information is filed in court.
     If the Secretary reverses the ruling of the prosecutor, the latter
     has to file the necessary motion to dismiss the complaint or
     information, the grant or denial of which is subject to the
     discretion of the trial court.

EFFECT IF THE INFORMATION IS FILED BY SOMEONE NOT AUTHORIZED BY LAW
   - The court does not acquire jurisdiction. The accused’s failure to
     assert lack of authority on the part of the prosecutor in filing
     the information does not constitute a waiver thereof.

The prosecutor is required to resolve the complaint based on the
evidence presented by the complainant in the event that the respondent
cannot be subpoenaed or the respondent, if subpoenaed, does not submit
a counter-affidavit within the 10-day period.











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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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