Resolution of Investigating Prosecutor Under Rule 112, Section D. Preliminary Investigation

The resolution of the investigating prosecutor under Rule 112 of the Rules of Criminal Procedure pertains to the final determination by the investigating officer on whether there is probable cause to hold the respondent for trial or dismiss the complaint. This is a critical step in criminal prosecution because it determines whether a criminal charge proceeds to court or is dismissed outright. Below is an exhaustive discussion of this topic:

Legal Framework

Under Rule 112, Section 4, the investigating prosecutor’s duty is to determine whether probable cause exists based on the evidence submitted during the preliminary investigation. The resolution is part of the due process accorded to the respondent in criminal cases.

Nature of Preliminary Investigation
- It is not a trial on the merits but an inquiry to determine probable cause.
- Probable cause is defined as such facts and circumstances as would lead a reasonably discreet and prudent person to believe that an offense has been committed and that the accused is probably guilty thereof.
Role of the Investigating Prosecutor
- The investigating prosecutor acts as a quasi-judicial officer with the duty to evaluate evidence, resolve legal issues, and recommend whether the case should be filed in court or dismissed.
- The resolution must be supported by facts and law and must reflect impartiality and fairness.

Key Steps in the Resolution Process

1. Submission of Evidence

After the parties submit their affidavits, counter-affidavits, and other evidence during the preliminary investigation, the prosecutor reviews all submissions.
The evidence is examined to determine sufficiency and relevance in establishing probable cause.

2. Evaluation of Probable Cause

The prosecutor must assess:
- Whether a crime has been committed (criminal act or omission)
- Whether the respondent is probably guilty and should be held for trial
Mere suspicion is not enough to establish probable cause. There must be clear, credible evidence pointing to the commission of the crime and the respondent's involvement.

3. Preparation of the Resolution

If probable cause exists:
- The prosecutor issues a resolution recommending the filing of an Information in court.
- The resolution must clearly state:
  - The facts constituting the offense
  - The legal basis for filing the case
  - A finding of probable cause
If probable cause does not exist:
- The prosecutor issues a resolution dismissing the complaint and stating the reasons for the dismissal.

4. Drafting of the Information

The Information is a formal criminal charge filed in court. It must include:
- The name of the accused
- The designation of the offense
- A brief statement of the acts or omissions constituting the offense
- The approximate time and place of the offense

5. Endorsement to the Office of the Prosecutor General

In cases involving crimes covered by special laws or special prosecutorial jurisdictions (e.g., Anti-Graft and Corrupt Practices Act, Cybercrime Act), the resolution may require review by higher prosecutorial authorities.

Form and Content of the Prosecutor's Resolution

A resolution must adhere to the following principles:

Written Form: The resolution must be in writing, signed by the investigating prosecutor, and issued in clear, unequivocal language.
Factual Findings: The resolution must set forth the facts based on the evidence presented.
Legal Basis: The legal grounds and applicable provisions of law must be cited to support the findings.
Disposition: A clear pronouncement on whether the complaint is dismissed or an Information will be filed.

Action on the Resolution

1. Review by the Approving Authority

The resolution is subject to approval by the Provincial Prosecutor, City Prosecutor, or Chief State Prosecutor, depending on the case’s jurisdiction.
In cases where the complaint is dismissed, the dismissal must be reviewed and approved before it becomes final.

2. Filing of the Information in Court

If the resolution finds probable cause, the Information is filed in court to formally commence the criminal prosecution.
The court then conducts its own determination of probable cause for the issuance of a warrant of arrest.

Remedies Available to Parties

1. Motion for Reconsideration

The aggrieved party (complainant or respondent) may file a motion for reconsideration with the investigating prosecutor or the approving authority.
This motion must specifically point out errors in the resolution and cite evidence overlooked or misappreciated.

2. Petition for Review

If the motion for reconsideration is denied, the party may file a petition for review before the Secretary of Justice (SOJ).
The SOJ has the power to reverse, affirm, or modify the resolution of the prosecutor.

3. Certiorari (Rule 65)

If there is grave abuse of discretion amounting to lack or excess of jurisdiction, the aggrieved party may file a petition for certiorari under Rule 65 of the Rules of Court before the proper court.

Special Considerations

Highly Publicized Cases
- In controversial cases, the DOJ may create a special panel of prosecutors to handle the preliminary investigation and resolution.
Conflict of Interest
- Prosecutors must inhibit themselves if there is a conflict of interest or bias to ensure impartiality.
Delay in Resolution
- Failure to resolve the complaint within the prescribed period may result in administrative liability for the prosecutor.
Private Prosecutors
- While private prosecutors may assist in the preparation of the complaint, only the public prosecutor has the authority to resolve and file the case.

Relevant Jurisprudence

Uy v. Sandiganbayan (G.R. No. 105965, March 20, 2001)
- Emphasized that preliminary investigation is a substantive right and the resolution must be based on facts and applicable law.
Cruz v. Judge Areola (G.R. No. 164749, November 12, 2004)
- Held that the resolution of the prosecutor is not binding upon the court, which conducts its own determination of probable cause.
People v. Court of Appeals (G.R. No. 126005, January 21, 1999)
- Clarified that the absence of probable cause in the prosecutor’s resolution can be a ground for the dismissal of the Information.

Timelines for Resolution

Preliminary Investigation must be completed within:
- 10 days for filing counter-affidavits
- 10 days for clarificatory hearings, if any
- 10 days for resolution after submission of the case
Extensions may be granted for justifiable reasons, but delays must not impair the rights of the parties.

Conclusion

The resolution of the investigating prosecutor in a preliminary investigation under Rule 112 is a cornerstone of the criminal justice system. It ensures that charges filed in court are based on credible evidence and a proper legal foundation. The process must comply with due process, procedural rules, and jurisprudence to prevent unwarranted harassment of the accused or the miscarriage of justice for the complainant.