Abanado vs Bayona A.M. No. MTJ-12-1804, July 30, 2012

Petitioner filed an information to the MTC and raffled to the respondent. Petitioner requested the court to issue a warrant of arrest to the accused in the said information. All documents was submitted the the petitioner except the denied resolution of the Investigating prosecutor. The Respondent ordered the petitioner to produced the said resolution which the petitioner refused as it he is not mandated to produce the said document. The respondent filed a contempt case against the Petitioner which the petitioner retaliated by filing this administrative case.

Whether the MTC has jurisdiction in conducting a preliminary Investigation

No, the conduct of a preliminary investigation is primarily an executive function.30 Thus, the courts must consider the rules of procedure of the Department of Justice in conducting preliminary investigations whenever the actions of a public prosecutor is put in question. The DOJ-NPS Manual states that the resolution of the investigating prosecutor should be attached to the information only “as far as practicable.” Thus, such attachment is not mandatory or required under the rules.


One thought on “Abanado vs Bayona A.M. No. MTJ-12-1804, July 30, 2012

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: