Section 3. Procedure
1. By reason of the abbreviated nature of Preliminary Investigation,
a dismissal of the charges as a result thereof is not equivalent
to a judicial pronouncement of acquittal.
2. The accused or respondent in a criminal prosecution may avail
himself of discovery remedies either during preliminary investigation
or when the information has already been filed in court.
3. A motion to dismiss is now a prohibited pleading during preliminary
4. The respondent is now required to submit counter-affidavits and other
supporting documents relied upon by him for his defense.
5. The respondent now has the right to examine the evidence submitted by
the complainant of which he may not have been furnished and to obtain
copies thereof at his expense.
If respondent cannot be subpoenaed, or if subpoenaed but does not
submit his counter-affidavit within 10 days, investigating officer
shall resolve the complaint based on the evidence presented by the
RIGHTS OF RESPONDENT IN A PRELIMINARY INVESTIGATION:
1. To submit counter-affidavit.
2. To examine the evidence submitted by the complainant
3. To be present in the clarificatory hearing.
NOTE: The Rules does not require the presence of the respondent in
the Preliminary Investigation. What is required is that he be given
the opportunity to controvert the evidence of the complainant by