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.
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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