WHEREAS, Republic Act No. 5180 (prescribing a uniform system
of preliminary investigation), grants the complainant and respondent in a
preliminary investigation the right to confront and cross-examine each other and
their witnesses;
WHEREAS, the said procedure is time-Consuming and not
conducive to the expeditious administration of justice;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081, dated September 21, 1972, and General Order No. 1, dated
September 22, 1972, as amended, do hereby decree as follows:
Section one of Republic Act No. 5180 is hereby 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 any of his assistants, or by the Chief State Prosecutor or his assistants,
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 as other supporting documents. The statements of the
complainant and his witnesses shall be sworn to before the investigating fiscal
or state prosecutor. He shall examine them and satisfy himself that their
statements were voluntarily executed and understood by them.
"b. If on the basis of the complainant's sworn statements and documents
submitted there does not appear to be a prima facie case, the investigating
fiscal or state prosecutor shall dismiss the case, if a prima facie case, is
established by complainant's evidence, he shall notify the respondent by issuing
a subpoena, requiring him to submit at an indicated date which shall not be more
than ten (10) days from receipt of the subpoena, counter- affidavits and other
supporting documents. To the 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 the
investigating fiscal.
"c. Whenever necessary, the fiscal or state prosecutor may subpoena either or
both parties or their witnesses and propound clarificatory question, during
which both complainant and respondent shall be afforded an opportunity to be
present but without right to examine or cross-examine.
"The investigating fiscal or state prosecutor shall help both the complainant
and the respondent and their witnesses in the preparation and execution of their
affidavits if so requested to do so.
"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
that 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 except with the prior authority or
approval of the city or provincial fiscal or chief state prosecutor and only in
a case in which he himself conducted the preliminary
investigation."
All provisions of existing laws, orders, rules and regulations contrary to
or inconsistent with the provision of this Decree arc hereby repealed.
This Decree shall take effect immediately.
Done in the City of Manila, this 6th day of December, in the year of Our
Lord, nineteen hundred and seventy-two.
(Sgd.) FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.) ALEJANDRO MELCHOR
Secretary Executive