Preliminary Investigation, Affidavit-Complaint Complainant executes…
Complainant executes Affidavit-Complaint before the Asst. Prosecutor.
Dismiss or Subpoena
The Asst. Prosecutor has the choice of whether to dismiss the case or issue a subpoena against the Accused.
Asst. Prosecutor dismisses the case.
Asst. Prosecutor issues subpoena against the Accused.
Complaint must be attached with the subpeona.
Respondent files a Counter-Affidavit within 10 days.
The Complainant can file a Reply-Affidavit to controvert the new issues raised in the Counter-Affidavit.
The Respondent can file a Rejoinder to controvert the issues raised in the Reply-Affidavit.
The Asst. Prosecutor recommends whether to file the Information or to dismiss the Complaint.
This is only recommendatory.
The Asst. Prosecutor must file:
Prosecutor Approves Filing
If the City Prosecutor approves, the Resolution will be released to the parties and the Information will be filed in court.
The parties will receive a Resolution by the City Prosecutor
Filing of Information
The City Prosecutor files the Information with the court.
Judicial Determination of Probable Cause
The court determines the existence of probable cause.
2 more items...
Remedies from Resolution
MR with the Prosecutor
Petition for Review with DOJ
These will not suspend the filing of the Information in court.
Prosecutor Disapproves Filing
If the recommendation is to file the Information but the City Prosecutor finds no probable cause, the case is dismissed.
Case will be dismissed.
The Asst. Prosecutor files the Resolution, recommending dismissal of the Complaint.
Prosecutor Approves Dismissal
If the City Prosecutor approves dismissal, the case will be dismissed.
Prosecutor Disapproves Dismissal
If the recommendation is dismissal, but the City Prosecutor finds probable cause, City Prosecutor has two options:
(1) Prepare information and file it in court; or
(2) Ask another Asst. Prosecutor to prepare Information without need of another PI.