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BP 22 cases fall under Rules on Summary Procedure, what's the need for preliminary investigation at fiscal level?

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mangjayson


Arresto Menor
I just found out that there was an amendment dated March/April 2003 stating that BP 22 cases are to be included in the Rules on Summary Procedure.


And in that Rules, it says that:


Sec. 11.Xxx Provided, however, that in Metropolitan Manila and in Chartered Cities. such cases shall be commenced only by information, except when the offense cannot be prosecuted de oficio.

And...


(b) If commenced by information. — When the case is commenced by information, or is not dismissed pursuant to the next preceding paragraph, the court shall issue an order which, together with copies of the affidavits and other evidence submitted by the prosecution, shall require the accused to submit his counter-affidavit and the affidavits of his witnesses as well as any evidence in his behalf, serving copies thereof on the complainant or prosecutor not later than ten (10) days from receipt of said order. The prosecution may file reply affidavits within ten (10) days after receipt of the counter-affidavits of the defense.


So my question is, why is the prosecutor still going to do a preliminary investigation in the case I filed (BP 22), when the MTC would also do the same?


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attyLLL


moderator
the prosecutor has the discretion to decide whether to conduct a prelim investigation or not. i think it is more prudent especially with so many bp 22 cases


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darthtracy


Arresto Menor
Sec. 11.Xxx Provided, however, that in Metropolitan Manila and in Chartered Cities. such cases shall be commenced only by information, except when the offense cannot be prosecuted de oficio.

Please do note the Information filed in court will be subscribed by the prosecutor,and attyLLL is correct if the prosecutor will subscribe and affix his name then prudence will dictate to make sure there is a case to be filed.

Note further, in the NCR area MeTC's do not conduct preliminary investigations anymore.

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