SIERRA V. LOPEZ (CRIMINAL PROCEDURE)

Rule 112 Section 3 lays down the basic procedure in PRELIMINARY INVESTIGATION, as follows:

1. The complaint shall state the address of the respondent and shall be accompanied by the affidavits of complainant and his witnesses, as we ll as other supporting documents TO ESTABLISH PROBABLE CAUSE. The affidavits shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath, or in their absence or unavailability, before a notary public, each of whom must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits.
   
2. Within 10 days after the filing of the complaint, the investigating officer shall either dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents.
   
   The respondent shall have the right to examine the evidence submitted by the complainant which he may not have been furnished and to copy them at his expense.
   
   Objects as evidence need not be furnished a party but shall be made available for examination, copying, or photographing at the expense of the requesting party.
   
3. Within 10 days from receipt of subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavits and that his witnesses ans other supporting documents relied upon for his defense. The counter-affidavits shall be subscribed and sworn to and certified, with copies thereof furnished by him to the complainant. The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit.
   
4. If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within 10 days, the investigating officer shall resolve the complaint based on the evidence presented by the complainant.
   
5. The investigating officer may set a hearing if there are facts and the issues to be clarified from a party or a witness. the parties can be present at the hearing but without the right to examine or cross-examine. they may, however, submit to the investigating officer questions which may be asked to the party or witness concerned.
   
   The hearing shall be held within 10 days from submission of the counter-affidavits and other documents or from the expiration of the period for their submission. It shall be terminated within 5 days.
   
6. Within 10 days after the investigation, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial.

This provision of the Rules does not require confrontation between the parties. Preliminary investigation is ordinarily conducted through submission of affidavits and supporting documents, through exchange of pleadings.

The new rule on Criminal Procedure do not require as a condition sine qua non to the validity of the proceedings in the PI the presence of the accused for as long as efforts to reach him were made, and an opportunity to controvert evidence of the complainant is accorded him. the obvious purpose of the rule is to block attempts of unscrupulous respondents to thwart the prosecution of offenses by hiding themselves or by employing dilatory tactics.

Since confrontation between the parties is not imperative, it follows that it is not necessary that the counter-affidavit of respondent be sworn to before the investigating prosecutor himself. It can be sworn to before another prosecutor. In fact, this is specifically provided in the rules.

LAstly, we hold that the investigating prosecutors did not abuse their discretion when they denied the request of the complainant for the conduct of clarificatory questioning. The conduct of such, under the rules, is discretionary upon the prosecutor. Indeed, we already held in Webb v. De Leon that the decision to call witnesses for clarificatory questions is addressed to the sound discretion of the investigator, and the investigator alone.