Dear PAO,
I filed a complaint for attempted homicide before the Prosecutor’s Office in our province. The investigating prosecutor resolved my complaint by finding probable cause for attempted homicide against the respondent. But it was changed by the provincial prosecutor to physical injuries. May I know my remedies if I want to question the decision of the provincial fiscal? Somebody said that I have no more remedies because the time for appeal already lapsed.
Jeremy

Dear Jeremy,
The procedure regarding the issuance of a resolution in relation to the preliminary investigation conducted by the Office of the City/Provincial Prosecutor is laid down in Rule 112 of the Rules of Court. It is stated therein that if the investigating prosecutor finds probable cause to hold the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the information that he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesses, that there is reasonable ground to believe that a crime has been committed and 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 a controverting evidence, otherwise, he shall recommend the dismissal of the complaint.

Thereafter, the investigating prosecutor shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy on cases of offenses cognizable by the Sandiganbayan on the exercise of its original jurisdiction, who shall review and approve the recommendation of the former. In your case, the provincial prosecutor has all the authority in the exercise of his approving power to amend the nature of the crime to be charged to a respondent.

Upon receipt of the resolution of the Office of the Prosecutor, the losing party may file a motion for reconsideration with the Office of the Prosecutor or a petition for review with the office of the Secretary of the Department of Justice within 15 days from receipt of the resolution (2000 NPS Rule on Appeal, Department of Justice, Department Circular No. 70). Thus, if you have not filed the necessary pleading within the allowable period as above stated, you cannot anymore question the resolution of the Office of the Prosecutor. You are deemed to have accepted the resolution of the Prosecutor by not filing either of the said pleadings.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.