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Preliminary Investigation Process
Preliminary Investigation Process
A
Files the case in court
none DISMISS
Writes Resolution & Information NOT DISMISS approved Provincial/City Prosecutor (10 days from receipt)
Respondent makes Counter-Affidavit (10 days from receipt) 5 days to transmit CounterAffidavit none Investigating Prosecutor resolve the complaint (10 days) Probable cause none Writes Resolution & Recommendation for Dismissal
w/in 10 days from submission Clarificatory Hearing (5 days) Investigating Prosecutor writes Resolution & Information 5 days to transmit Provincial/City Prosecutor (10 days from receipt)
approved Files the case in court COURT (10 days from filing of the case)
If it originates from a judge, the process is the same, the only difference is the transmittal period and the number of days allotted for the Provincial/City Prosecutor to review the case which is 10 and 30 days respectively.
M. D. Antonio
29 June 2012