LABAD MARK JEROME C.

PRELIMINARY INVESTIGATION

In the Preliminary Investigation proceeding that I have

attended, the Fiscal upon the receipt of the Complaint and
Affidavits of the Affiant as well as the latters witnesses, required
the submission of a counter affidavit by issuing a subpoena
attaching the Complaint and the affidavits to the respondent in
which the latter is required to submit within 10 days from the
receipt thereof. And as a usual practice according to the
Prosecutor, upon the receipt of the counter affidavit, he will
determine whether or not there is a probable cause or even at the
instance of the submission of the complaint the Fiscal may dismiss
it if he finds no ground to continue the investigation. However,
whenever

the

Fiscal

dismiss

or

prepare

resolution

and

information in each case it subject to review and approval or

disapproval by the City or Provincial Prosecutor or Chief State
Prosecutor as the case may be.
My observation on the preparation of the Complaint as well
as the affidavits it is usually done before the Public Attorneys
Office or before a Notary Public or before the National Bureau of
Investigations Office.

In some cases the parties are required to

appear before the investigating prosecutor for a clarificatory

hearing on certain issues. But the parties are without right to
examine and cross examine.