01:19.7
And then, the Resolution will contain the discussion, analysis, and evaluation by the prosecutor.
01:26.5
And then, the Resolution will also contain the prosecutor of the evidence presented by the complainant and the respondent.
01:33.0
And after making such discussion, analysis, and evaluation, the prosecutor will make his conclusion.
01:44.6
Ano ba yung standard of evidence na gagamitin niya in his Resolution?
01:51.2
Ang standard of evidence na gagamitin niya in his Resolution is to determine the evidence presented by the complainant.
01:56.5
To determine whether or not there is probable cause for the filing of a criminal case, ang tawag dun information, against the Respondent.
02:10.6
Now, what does it mean when there is probable cause for the filing of a criminal case or information?
02:16.8
Probable cause for purposes of filing a criminal information is based on such facts, or is defined as such facts,
02:24.0
as are sufficient to engender a well-founded decision.
02:26.5
It is a belief that a crime has been committed and that the Respondent is probably guilty thereof.
02:31.4
A finding of probable cause needs only to rest on evidence showing that more likely than not, a crime has been committed and that it was committed by the Respondent.
02:40.0
So, take note po, the keyword here, which is probability.
02:47.2
Ito po yung standard of evidence na gagamitin ng isang prosecutor to determine kung dapat bang filan ng kaso ang isang Respondent.
02:56.5
Dapat bang humarap ang Respondent sa Korte to face the criminal charges.
03:03.5
Now, how does a prosecutor arrive at such probability?
03:09.5
The prosecutor arrives at such probability by determining which of those facts as presented to him by the complainant and the Respondent is more believable.
03:21.2
Ano ba ang mas kapanipaniwala yung ebedensya ng complainant?
03:26.5
Now, after determining kung ano yung mas kapanipaniwala,
03:34.5
the next step is to determine if such facts will be sufficient enough to engender a reasonable belief,
03:44.4
first, kung meron bang krimen, and second, kung yung Respondent, siya ba ang gumawa ng krimen na yun.
03:51.4
Yan lang po ang standard of evidence na gagamitin ng isang Fiskal kasi,
03:56.5
in a preliminary investigation before a prosecutor,
04:00.3
hindi pa ho ito trial, wala pa ho itong testimonya na babasayhan ng Fiskal,
04:07.6
hindi pa ho sasalang sa witness stand ang mga witnesses dito.
04:12.0
Magbibase lang yung Fiskal sa mga documents na isinabmit ng complainant at saka nung Respondent.
04:21.8
Purely documentary evidence lang po ang gagamitin ng Fiskal to arrive at process,
04:28.5
Who determines probable cause?
04:31.3
Of course, ang Fiskal.
04:32.3
A public prosecutor determines the sufficiency of the evidence that establishes probable cause,
04:40.2
justifying the filing of a criminal information against the Respondent
04:44.9
because the determination of existence of a probable cause is the sole function of a public prosecutor.
04:53.4
So, Fiskal lang po.
04:54.6
Ang mag-fiscalize.
04:56.5
Di-determine kung merong probable cause or wala.
04:60.0
Hindi yung complainant, hindi yung Respondent, hindi yung police,
05:03.3
hindi rin yung mga abogado ng complainant at Respondent.
05:09.5
What happens next after the investigating prosecutor finds probable cause?
05:15.8
The investigating prosecutor will then prepare the resolution, as I explained earlier,
05:22.3
and the corresponding information.
05:24.5
Ito yung document charging the accused.
05:26.5
Ito yung document charging the accused with a specific crime.
05:29.2
The investigating prosecutor will sign the resolution together with the information
05:33.9
and have them reviewed by a reviewing prosecutor.
05:38.4
Sa setup po kasi ng DOJ, hindi lang yung investigating prosecutor ang mag-sign sa resolution,
05:47.8
ipapareview niya pa yun dun sa reviewing prosecutor.
05:51.6
Now, if the reviewing prosecutor agrees with the findings of the investigating prosecutor,
05:56.5
it will be forwarded, meaning yung resolution at saka yung information
06:02.5
will be forwarded to the chief prosecutor, meaning the city or provincial prosecutor,
06:09.2
for his or her approval.
06:10.7
Kasi po, again, sa setup ng DOJ, for example, in a particular city,
06:15.1
like Makati City or in Manila, meron dun isang chief, yung pinakataas sa prosecutor's office,
06:25.7
and then the rest are his assistants.
06:28.4
Merong deputy prosecutor, usually siya yung reviewing prosecutor,
06:32.6
and then the rest are the so-called assistant prosecutors.
06:41.1
If approved by the chief prosecutor, the documents will be sent back to the investigating prosecutor
06:48.2
for filing in court.
06:51.2
So, pag bumalik na yun, or ibinalik na yun sa investigating prosecutor,
06:55.7
pwede na itong i-file sa korte.
06:58.9
By the way, how long does it take before a resolution comes out or is issued?
07:06.2
An investigating prosecutor is usually given two months from the time a criminal complaint is filed
07:11.6
within which to resolve the complaint.
07:14.8
Such complaint consists of the affidavits of the complainant, like what I explained earlier,
07:20.1
and his or her witnesses together with other supporting evidence, if any.
07:25.7
Now, the respondent will also be given the opportunity to submit his evidence
07:30.2
to refute the allegations of the complainant.
07:33.7
This is for the purpose of complying with the Jew Process Clause in our Constitution.
07:41.1
What is the remedy if the complainant or respondent does not agree with the resolution of the prosecutor?
07:47.7
The aggrieved party may file a motion for reconsideration within 15 days from receipt of the resolution.
07:55.1
So, if the complainant or respondent does not agree with the resolution of the prosecutor,
07:55.7
ito na po yung mga remedies na available.
07:59.3
Motion for reconsideration, if a file ng aggrieved party sa loob ng 15 days.
08:07.1
Meaning to say, bibigyan siya ng 15 days from receipt of the resolution para makapag-file ng MR.
08:14.7
And the MR shall be resolved within 30 days from its receipt by the prosecutor who issued the resolution.
08:21.3
So, once na-receive na ng fiscal yung MR mo,
08:25.7
the prosecutor or fiscal will be given 30 days to resolve the motion for reconsideration.
08:32.5
Ano ba yung essence ng isang motion for reconsideration?
08:36.6
Its essence is to give the prosecutor a chance to correct himself
08:41.7
for possible errors he may have made in his interpretation of the law
08:46.5
or application of the law or appreciation of the evidence.
08:53.1
Does the availment of this remedy spread?
08:55.7
Does it prevent the prosecution office from filing the information in court?
09:00.0
Let us recall the remedies we have so far discussed.
09:03.7
From the prosecutor who issued the resolution,
09:07.0
kung hindi sang-ayon yung complainant or respondent,
09:11.2
pwede siyang mag-file ng MR or motion for reconsideration.
09:15.2
Pag hindi pa rin siya sang-ayon sa resolution on the MR,
09:19.3
pwede yung mag-file yung aggrieved party ng petition for review
09:23.1
either with the digital procedure,
09:25.7
or with the prosecutor or with the secretary of justice.
09:28.9
Pag hindi pa rin siya sang-ayon sa resolution ng regional prosecutor or ng SOJ,
09:35.2
pwede siya mag-file ng MR.
09:38.5
Doon mismo sa regional prosecutor or sa SOJ, as the case may be.
09:44.4
Pag hindi pa rin siya sang-ayon sa resolution on the MR,
09:48.6
this time, pwede siyang mag-file ng petition for certiorari under Rule 65
09:53.2
with the Court of Appeal.
09:56.2
Now, what if hindi pa rin siya sang-ayon sa resolution ng Court of Appeals?
10:02.5
Pwede siyang mag-MR.
10:04.4
Now, pag hindi pa rin siya sang-ayon sa resolution doon sa MR,
10:09.0
the aggrieved party, as a last resort,
10:11.2
may file a petition for review on certiorari under Rule 45,
10:17.3
this time with the Supreme Court.
10:20.0
Yun yung last resort niya.
10:21.8
Now, going back to the question,
10:24.5
does the availment of those remedies prevent the prosecution office,
10:29.6
yung prosecution office na doon galing mismo yung resolution,
10:33.6
from filing the information in court?
10:39.1
The prosecutor or the prosecution office can file the information in court
10:44.4
despite the pendency of a motion for reconsideration or petition for review.
10:51.5
What is the reason?
10:54.5
preliminary investigation is deemed full and complete
10:58.8
immediately after the opportunity to hear the parties
11:02.7
and the finding of probable cause.
11:05.6
For as long as the respondent is given the opportunity to be heard
11:11.1
during the preliminary investigation process doon sa prosecution level mismo,
11:17.1
binigyan na siya ng opportunity to submit his evidence,
11:21.0
tapos meron ng finding of probable cause,
11:24.5
nang i-file ng prosecutor yung information niya.
11:29.9
despite the pendency of a motion for reconsideration or any other remedy
11:34.9
available to the aggrieved party.
11:39.1
What is the other reason?
11:41.2
The other reason is that
11:42.5
to await the ruling on the MR or petition for review
11:46.4
or petition for certiorari as the case may be,
11:49.7
na ang purpose lang naman is to determine
11:54.1
whether probable cause exists or not,
11:56.8
will only cause further delay in the resolution of the case.
12:00.8
Kasi simpleng issue lang naman yung subject ng review eh.
12:05.8
Probable cause lang.
12:07.8
So tama lang, tama lang na bigyan ng discretion yung fiscal
12:12.9
to file the information in court even with the pendency of a motion for reconsideration
12:19.7
or a petition for review.
12:24.1
the prosecution grants the motion for reconsideration.
12:28.3
What will happen to the criminal case that has been filed in court?
12:35.5
X files a complaint for homicide in the prosecutor's office against Y.
12:41.9
The prosecutor found probable cause against Y for homicide.
12:48.7
hindi siya sangayon sa resolution ng fiscal na
12:51.1
finding probable cause against him for homicide,
12:54.1
he filed a motion for reconsideration.
13:00.6
can the prosecutor opt to file the information
13:03.6
despite the pendency of the motion for reconsideration?
13:07.1
The answer is yes.
13:10.2
Now, what if later on,
13:11.5
the prosecutor reverses himself
13:13.5
and grants the motion for reconsideration filed by Y?
13:17.8
What happens now to the homicide case that has been filed in court?
13:21.8
The case will not be automatically dismissed by the court.
13:28.2
The prosecutor will have to file a motion to withdraw the information.
13:36.8
is the court duty-bound to dismiss the case,
13:40.2
meaning grant the withdrawal of the information
13:42.6
because the prosecutor reversed himself
13:45.1
and found no probable cause to charge Y for homicide?
13:49.8
The answer is no.
13:51.8
In the landmark case of Crespo v. Mugol,
13:56.3
an N-Bank decision,
13:58.2
this is the answer of the Supreme Court.
14:01.0
Once the information is filed in court,
14:04.0
any disposition of the case
14:06.3
rests in the sound discretion of the court.
14:10.4
Although the fiscal retains the direction and control
14:13.5
of the prosecution of criminal cases,
14:15.9
even while the case is already in court,
14:18.2
the fiscal cannot impose his opinion
14:21.8
The court is the best and sole judge
14:25.3
on what to do with the case before it.
14:28.3
The determination of the case is within
14:30.7
the court's exclusive jurisdiction and competence.
14:34.2
So, kahit na gusto ng fiscal na i-withdraw yung information,
14:39.9
but since yung information nasa korte na,
14:42.6
ang korte lang ang pwedeng makapagsabi
14:45.5
kung dapat bang ipagpatuloy ang kaso o hindi.
14:50.7
meron siyang sariling determination
14:53.1
kung may basihan ba na ipagpatuloy yung kaso.
14:58.4
Walang magagawa ang fiscal dun.
15:00.6
Duty, obligado ang fiscal to continue with the criminal case
15:05.1
even if the investigating prosecutor
15:09.0
reversed himself and granted the motion
15:12.1
for reconsideration filed by Y,
