Professional Documents
Culture Documents
In the municipal level, the relationship of the Philippine National Police and the
Office of the Prosecutor is of paramount importance. The PNP usually represented
by the unit Investigator, has nobody to turn except to the Public Prosecutor when
confronted with issues requiring legal expertise particularly with the filing of
criminal cases. We must admit though, that in certain instances, a Prosecutor may
not necessarily be convinced of the cases filed by a Police Investigator. It may result
in the dismissal of cases even on the preliminary investigation or inquest stage.
Outcome of cases filed by the police is at the mercy of the Prosecutor because no
office in the PNP handle appeals in connection with Resolutions of the Prosecutor.
Dismissal of the case at the prosecutors level means the PNP has to let go of the
suspect. This would further drain the resources of a police unit because after a
warrant of arrest will be issued, police personnel will exert effort and spent financial
resources again to capture the same person.
It is no arrogance to claim, especially to those who have the experience that the
reason for the dismissal of the case is not really that the PNP has no case at all
citing experience as a Police Investigator. The problem lies on relationship with the
handling Prosecutor.
At the very start of the incident the Investigator knows the real-score on how to win
the case. But sometime events turn otherwise when the prosecutor imposes his
authority, suggests things, requires documents, gives demoralizing comments, etc.
as to the merit of the case citing variables such as politics, blood relationships and
previous experience with the PNPs law enforcement activities, not to mention
volume of his deadlines, and many factors that drives a prosecutor to have an
attitude of resistance upon seeing a PNP member in his office.
While looking for references in the library, I came across a criminal investigation
Manual revised 2010 published by Directorate for Investigation and Detective
Management (DIDM). The book laid down the procedures that Investigators need in
performing their duty. Although the last part of the Manual has a form for notice of
appeal, the appeal is premised on the outcome of the trial.
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
Office of the Secretary
Padre Faura St., Ermita, Manila
________________,
Complainant-Appellant,
________________,
Respondent-Appellee.
x - - - - - - - - - - - - - - - - - - - - - - - - -x
COMES NOW, the undersigned petitioner, unto this Honorable Office respectfully
avers:
1. That on _________ the undersigned Chief of Police of ____(state the unit and postal
address)_______ upon complaint of the private offended party filed a case against
_____(state the name and postal address of the respondent)_ for___(designation of
offense)__ docketed under IS No.____ before the Office of Honorable _________
located in ______ where the preliminary investigation took place;
2. That for the information of the Honorable Secretary this case started ___(give the
concise facts of the case)
4. That the undersigned ______(pls give ur analysis how the Prosecutor disposed the
case) ___.
5. That with due respect to the Honorable Prosecutor, the undersigned believed that
he committed error on the following:
Note: Cite now the matters that adversely affect your case specifically pinpointing
the law that supports your position
WHEREFORE, the undersigned respectfully prays for the setting aside of the
appealed resolution of Prosecutor __________ dated _____and that the honorable
prosecutor be directed to file information (blah blah cite now the relief that you
want if you have any)_____
____Place________. ____Date_____.
______________________
Chief of Police
VERIFICATION
JURAT
Copy furnished:
- Prosecutor
- Respondent
respondent so that the regular preliminary investigation will proceed. The Resolution
in the regular preliminary investigation will be the subject of petition for review and
not the resolution in Inquest Proceeding pursuant to the case of LEVISTE vs
ALAMEDA GR No. 182677 promulgated Aug. 3, 2010.
If the Prosecutor dismisses the case subject of inquest, the course of action is not to
appeal but to file again the case curing the defect of the complaint.