FURTHER AMENDING SECTION 1 OF REPUBLIC ACT NO. 5180 AS AMENDED BY PRESIDENTIAL DECREE NO. 77

WHEREAS, Presidential Decree No. 77 was issued to provide a
procedure for conducting preliminary investigations which is more
conducive to the speedy administration of justice;

WHEREAS, while the said Decree has served its purpose, the
requirement therein that complainants and respondents and their
witnesses must have their statements subscribed and sworn to before the
investigating fiscal is still causing undue delay in the disposition of
cases and unnecessary expenses to the parties especially where they come
from remote places or reside in cities or provinces different from the situs
of the crime;

WHEREAS, there is likewise a need to provide for closer
supervision and control by the Secretary of Justice over fiscals and
state prosecutors in the performance of their functions to better assure
fair dispensation of justice;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby decree and order:

1. Section 1 of Republic Act No. 5180, as amended by Presidential
Decree No. 77, is hereby further amended to read as follows:

“Section 1. Notwithstanding any provision of law to the contrary
and except when an investigation has been conducted by a judge of first
instance, city or municipal judge or other officer in accordance with
law and the Rules of Court of the Philippines, no information for an
offense cognizable by the Court of First Instance shall be filed by the
provincial or city fiscal or his assistants or by a state prosecutor,
without first conducting a preliminary investigation in the following
manner:

“a. All complaints shall be accompanied by statements of the
complainant and his witnesses as well a; other supporting documents. The
statements, of the complainant and his witnesses shall be sworn to
before any fiscal or state prosecutor or before any government official
authorized to administer oath. The officer administering the oath must
certify that he has personally examined the affiants and that he is
satisfied that they voluntarily executed and understood their
affidavits.

“b. If on the basis of the complainant’s sworn statements and
documents submitted, the investigating fiscal or state prosecutor finds
no probable cause to conduct a preliminary investigation, he shall
dismiss the case. If probable cause is established by complainant’s
evidence, he shall notify the Respondent by issuing a subpoena requiring
him to submit his counter-affidavit and the affidavits of his
witnesses, if any, and other supporting documents, within ten (10) days
from receipt of such subpoena. If respondent cannot be subpoenaed, or if
subpoenaed he does not appear before the investigating fiscal or state
prosecutor, the preliminary investigation snail proceed without him. To
such subpoena shall be attached a copy of the complaint, the sworn
statements and other documents submitted. Other evidence submitted shall
be made available for examination of the respondent or his counsel. The
statements of the respondent and his witnesses shall also be sworn to
before any fiscal or state prosecutor or before any government official
authorized to administer oath and with the same certificate as
abovementioned. The respondent shall furnish the complainant copies of
his counter affidavits and other supporting documents.

“c. If a prima facie case is established by the
evidence the investigating fiscal or state prosecutor shall
immediately file the corresponding information in court. If he finds
that there is no prima facie case, he shall dismiss the case
unless he believes there are matters to be clarified in which case he
may propound clarificatory questions to the parties or their witnesses
affording both parties opportunity to be present but without right to
examine or cross-examine. If the parties or their counsel so desire,
they may submit questions to the fiscal which the latter may in his
discretion propound to the parties concerned.

“d. The preliminary investigation shall proceed without need
of requiring the parties and their witnesses to reaffirm their
respective statements before the investigation fiscal or state
prosecutor. Thereafter, he shall resolve the case within ten (10) days
from its termination, furnishing the parties copies of his resolution
stating briefly the findings of facts and the law supporting his action.

“The fiscal or state prosecutor shall certify under oath in the
information to be filed by him that he has examined the complainant and
his witnesses, that on the basis of the sworn statements and other
evidence submitted before him there is reasonable ground to believe that
a crime has been committed and that the accused is probably guilty
thereof, that the accused was informed of the complaint and of the
evidence submitted against him and that he was given an opportunity to
submit controverting evidence; Provided, That no assistant fiscal
or state prosecutor may file an information or dismiss a case except
with the prior authority or approval of the provincial or city fiscal or
Chief State Prosecutor, Provided, Further, That where an
assistant fiscal or state prosecutor who has investigated the case,
recommends the dismissal of the case but his findings are reversed by
the Provincial or City Fiscal or by the Chief State Prosecutor, as the
case may be, on the ground that a prima facie case exists, the
Provincial or City Fiscal or the Chief State Prosecutor may, by himself,
and on the basis of the same sworn statements and evidence submitted,
file the information against the respondent, or direct any other
assistant fiscal or state prosecutor to do so, without conducting
another preliminary investigation; Provided, Finally, That where
the resolution of the Provincial or City Fiscal or the Chief State
Prosecutor is, upon review, reversed by the Secretary of Justice, the
latter may, where he finds that no prima facie case exists,
authorize and direct the investigating fiscal concerned or any other
fiscal or state prosecutor to cause or move for the dismissal of the
case, or, where he finds a prima facie case, to cause the
filing of an information in court against the respondent, based on the
same sworn statements or evidence submitted, without the necessity of
conducting another preliminary investigation.”

2. This Decree shall take effect immediately.

Done in the City of Manila, this 23rd day of March in the year of
Our Lord, nineteen hundred and seventy-six.