Inquest proceedings

Inquest proceedings
Prosecutors have a heavy burden to oversee police investigations in cases involving inquest proceedings (DoJ Circular 16 on New Rules on Inquest). Each police station or headquarters should in principle also have designated inquest prosecutors to process inquest procedures with a schedule of assignments for their regular inquest duties.
Inquests proceedings follow in cases where persons are arrested without the benefit of an arrest order or warrant, or are caught in the act of committing a criminal offence. The purpose of the inquest proceedings in these cases is that while the state acknowledges the law enforcers’ authority to arrest and detain persons without a warrant, the state must also ensure that these persons are not unlawfully detained, and that they are not denied due process. The inquest establishes whether the evidence is sufficient enough to seek court approval to keep the person in detention.
The inquest requires the prosecutors to resolve the complaint the police filed in a prescribed period, which varies depending on the gravity of the offense. Cases punishable with light penalties must be resolved in 12 hours; those punishable with correctional penalties within 18 hours; and those punishable by afflictive or capital penalties, within 36 hours. If the inquest prosecutor fails to complete the proceedings in the prescribed period then the person must be released.
However, inquest prosecutors and police routinely fail to comply with these time requirements and unlawful detention beyond the periods stipulated is common, particularly in cases attracting lesser penalties. The misunderstanding that has grown among the police is that they can detain anyone without a warrant for 36 hours, regardless of the nature of offence. Some police ignore the time periods altogether, arguing that once a person is subjected to inquest they should not be allowed to leave custody until it is completed, no matter how long it takes.
National Prosecution Service
Presidential Decree (PD) 1275 of 1978 established the National Prosecution Service under direct supervision of the secretary of the DoJ. It is empowered to investigate and prosecute all crimes described by the Revised Penal Code (RPC), investigate administrative cases against its own officers, prepare legal opinions or queries about violations of the RPC and other laws, and to review appeals to resolutions of cases by prosecutors.
The CSP is the head of the NPS. Five Assistant Chief State Prosecutors (ACSPs) have oversight over divisions of the NPS, namely: Inquest and Special Concerns; Preliminary Investigation and Prosecution; Review and Appeals; Administrative, Personnel Development, and Support Services; and Disciplinary, Field Operations, and Special Concerns.
The Inquest and Special Concerns Division conduct inquests and examine criminal complaints filed directly with the prosecutor’s office. As mentioned earlier, inquest proceedings are carried out by inquest prosecutors on cases involving persons arrested without the benefit of an arrest order (as prescribed by the DoJ Circular 16). This division too is responsible for appearing in meetings called by the law enforcement agencies, and related activities.
The Preliminary Investigation and Prosecution Division is responsible for the conduct of investigation and prosecution of cases once they are filed with the Office of the Chief State Prosecutor (OCSP), or those cases filed under inquest proceedings. It has oversight over the proper conduct of preliminary investigation and the prosecution of cases in courts.
The Review and Appeals Division evaluates and reviews appeals made or petitions filed for review on final resolutions of prosecutors, as described above.
The Administrative, Personnel Development and Support Services Division handles career improvement and continuing legal education for the NPS. However, the prosecutors’ development training is for the time being integrated into other private entities or training programmes offered by the judiciary. The NPS does not have its own development program for prosecutors. For the most part, continuing legal education is lumped together with the Mandatory Continuing Legal Education programme of the Integrated Bar of the Philippines and the University of the Philippines Law Center. This programme requires all lawyers, not only prosecutors, to undergo continuing legal education to enable them to keep abreast of recent law and practice. Other programmes include those of the National Prosecutor’s League of the Philippines, but are privately organized and funded, and voluntary.
The Disciplinary, Field Operations and Special Concerns Division has as its mandate the conducting of investigations and preparing of resolutions on administrative charges against prosecution and support staff. It coordinates and monitors the activities of the prosecution staff in different levels all over the country and is also involved in legal research and providing opinions on proposed legislation by the DoJ.
The OCSP has a total of 119 State Prosecutors, while 14 Regional State Prosecutors, 96 City Prosecutors, 79 Provincial Prosecutors and 1,801 Assistant Provincial Prosecutors all over the country are also under its supervision. The number of prosecutors though varies in each province or city depending on its size. Previously, PD 1275 allowed for the regionalising of prosecution functions. The RSP once exercised direct supervision and control over prosecution staff within the same region—for instance, transfer of assignment and dismissal—but later these responsibilities were recalled. The operation and functioning of the NSP is now mostly centralised.

Source: http://www.article2.org/mainfile.php/0701/307/

How to Appeal Decisions of Prosecutor by Atty. Gary Puaso (31 May 2011)

  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 prosecutor’s 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 PNP’s 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.

Eto ang Abogado Nyo!

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.

Absent in the manual is the discussion on how to appeal an adverse Resolution of the Public Prosecutor be it regular preliminary investigation, reinvestigation or those arising from an inquest proceeding found in DOJ Department Circular No. 70 (2000 NPS Rule on Appeal) which I believe should have been incorporated in the Manual.

There is no much problem in appealing Resolutions during Preliminary Investigations or Reinvestigation. The appeal procedure provides that:

1. The verified Petition for Review shall be brought to the Secretary of Justice within 15 days after receipt of the Resolution or within the same period after receipt of the denial of the Motion for Reconsideration if one has been filed.

2. The investigating/reviewing/approving prosecutor shall not be impleaded as party respondent in the petition. The PNP unit taking the appeal shall be referred to in the petition as "Complainant-Appellant".

3. The petition shall contain or state: (a) the names and addresses of the parties; (b) the Investigation Slip number (I.S. No.) and criminal case number, if any, and title of the case, including the offense charged in the complaint; (c) the venue of the preliminary investigation; (d) the specific material dates showing that it was filed on time; (e) a clear and concise statement of the facts, the assignment of errors, and the reasons or arguments relied upon for the allowance of the appeal; and (f) proof of service of a copy of the petition to the adverse party and the Prosecution Office concerned.

4. The petition shall be accompanied by legible duplicate original or certified true copy of the resolution appealed from together with legible true copies of the complaint, affidavits/sworn statements and other evidence submitted by the parties during the preliminary investigation/reinvestigation.

5. Failure to comply with the above requirements shall constitute sufficient ground for the dismissal of the petition.

Below is a suggested format;

Republic of the Philippines

DEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICE

Office of the Secretary

Padre Faura St., Ermita, Manila

________________,

Complainant-Appellant,

- versus -

For: ______________

________________,

Respondent-Appellant.

x - - - - - - - - - - - - - - - - - - - - - - - - -x

PETITION FOR REVIEW

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)

3. That on _____(date)___ the undersigned received the Resolution of the Honorable Prosecutor copy of which is attached as Annex “A” disposing the case as follows:

Note: Copy the dispositive portion of the resolution.

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

6. Attached as integral part of this petition are the following:

a) Proof of service of this Petition to the Honorable Prosecutor (Annex “B”)

b) Proof of service of this Petition to the Appealee

c) Other Records of the Case

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)­­­­_____

Other reliefs just and equitable are likewise prayed for.

____Place________. ____Date_____.

______________________

Chief of Police

VERIFICATION

JURAT

Copy furnished:

- Prosecutor

- Respondent

The more bloody discussion is on appeal of Resolutions arising from Inquest Proceedings. During inquest, the prosecutor may recommend for the release of the respondent. However his recommendation is subject to approval by the head prosecutor who, in the natural course of events, acts on the recommendation only after the lapse of 3 days. Pending approval of the recommendation, does the respondent be released by the PNP so as to avoid arbitrary detention charges? The answer is NO. The officer having custody of the detainee must wait for the Order of Release served upon him.

Although we have a principle in law that interpretations of the law must tend to benefit the person in custody, in the case of LADLAD VS VELASCO et al (GR No. 172070-72 promulgated June 1, 2007), Section 9 of DOJ Circular No. 61 (new Rules on Inquest) in relation to section 7 of Rule 112 (Preliminary Investigation) was discussed and the Supreme Court seems to suggest that the PNP should not release the respondent pending approval of the recommendation by the Head Prosecutor. If the recommendation to release the respondent is approved because the arrest is not in accordance with the rules of warrantless arrest but the case itself is meritorious, the Order of Release shall be served on the officer having custody of the detainee; and, the Order to submit counter-affidavit will be served to the 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.

 Hope, this write-up helps our frontliners.

About the Author: PSI GARRY FRANCO CAÑETE PUASO is a member of the BAR who hails from San Isidro, Northern Samar. He was formerly assigned with the Northern Samar Police Provincial Office where he was designated as Special Operations Group team leader, Police Investigator and DOJ authorized Prosecutor for ten years. He studied law in University of Eastern Philippines, Catarman, Northern Samar and joined the PNP-Legal Service thru Lateral Entry after passing the 2008 Bar Examinations. The above discussion is his insight on a common predicament faced by police front-line investigators. He topped the Order of Merit for Papa Company during the PSOBC Class 2010-109, Class Dakila, conducted at Camp Vicente Lim, Canlubang, Calamba City, Laguna. Currently, he oversees the LS ALERT 24/7 Office and the big brother behind the advisory messages sent to Investigators nationwide. He also supervises the PNP Legal Service Website.

Source: http://www.ls.pnp.gov.ph

100 Ways You Can Love Your Husband HIS Way

100 Ways You Can Love Your Husband HIS Way

“A husband considers romance to be one way and the wife considers it to be another. The wife provides many romantic gestures which go unnoticed by her husband, because it wasn’t romantic to him. The husband can spend precious time doing what he thinks will bless and romance his wife only to discover she didn’t appreciate it at all.
“What is wrong? Are the gestures extended not romantic or thoughtful? No. Are the recipients ungrateful and self-absorbed? No. The spouse is simply not romancing their spouse in a way that is romantic to them!
“This is a great truth that once practiced is sure to produce lasting fruit. Study your spouse. Find out what romance means to them? It may surprise you! But if you do your homework you will become the master of what really turns your spouse on!” (Tom and Debi, from Theromanticvineyard.com article, “10 Hindrances to Cultivating a Romantic Vineyard”)

Discuss the following list with your husband. Ask him to check the ones most meaningful and then arrange them in order of importance to him. Use this list as a basis for learning his views. Your relationship can be greatly strengthened as you use these suggestions —but keep in mind that they are only suggestions, and not all of them have to be used.
(If interested, there’s a list under the “Romantic Ideas” topic which gives husbands 100 ideas, as well.)

1. Respectfully communicate with him.
2. Let him know he’s important to you.
3. Purposefully try to understand his feelings—even when you disagree with him.
4. Show interest in his friends giving him some time with them if they’re trust-worthy.
5. Let go of the small stuff. We all have annoying habits and preferences that are different from our spouse’s. (Dave Ramsey)
6. Tell him you both love him AND like him.
7. Either show interest in his hobbies or allow him space to participate freely. (D Ramsey)
8. Protect his dignity on a daily basis.
9. Be tender with him realizing he has feelings also.
10. Foster an atmosphere of laughter in your home. Look for ways to laugh together.
11. Try not to make sudden major changes without discussion, giving him time to adjust.
12. When you go out on a date together don’t bring up problems—have fun instead.
13. Focus on what he’s doing right, instead of focusing so often on the negatives.
14. Show interest in what he feels is important in life.
15. Give him special time with you apart from the children.
16. The first minutes after a spouse comes home often sets the stage for how the rest of the evening will go. Try to make that time a positive experience. (Ease into the negative.)
17. Give him time to unwind after he gets home from work. Your evenings will be much more enjoyable. (Dave Ramsey)
18. Don’t allow family members to treat him disrespectfully. Defend him to anyone that dishonors his place as your husband.
19. Compliment him often.
20. Be creative when you express your love, both in words and in actions.
21. Talk with him about having specific family goals for each year to achieve together to feel closer as a marital team.
22. Don’t over commit yourself. Leave time for him.
23. Extend God’s grace to him and be forgiving when he offends you.
24. Find ways to show him you need him.
25. Give him time to be alone. (This energizes him to reconnect at other times.)
26. Admit your mistakes; don’t be afraid to be humble. Peel away your pride.
27. Defend him to those who disrespectfully talk about him. Love protects (1 Cor. 13:7).
28. Respect his desire to do well—not his performance.
29. Rub his feet or neck, or scratch his back after a hard day.
30. Take time for the two of you to sit and talk calmly (schedule it when necessary).
31. Initiate going out on romantic outings (when he’s not tired).
32. Email him when he’s at work, telling him how much you love him.
33. Surprise him with a fun gift of some kind that he’d really enjoy.
34. Express how much you appreciate him for working so hard to support the family.
35. Tell him how proud you are of him for who he is (giving him specific reasons).
36. Give advice in a loving way — not in a nagging or belittling way.
37. Help your husband to be the Spiritual head at home (without “lording” it over him).
38. Reserve some energy for him so you’re not so tired when he wants you sexually.
39. Don’t expect him to do projects beyond his natural capabilities.
40. Pray for him to enjoy God’s best in life.
41. Take special notice for what he has done for you and the family.
42. Brag about him to other people both in front of him and even when he’s not there.
43. Keep conversations brief when he’s tired—so he isn’t “flooded” by too many words.
44. Tell him 3 things you specifically appreciate about him.
45. Honor him in front of the children (differ respectfully in private when necessary).
46. Give him time to unwind for a little while after he comes home from work.
47. Get up with him, even when he gets up earlier than you want to and pray with him (you can go back to bed afterward, if possible —it’s a sacrifice worth making.)
48. Be his “help-mate” in whatever ways you sense he needs it.
49. Participate in shoulder-to-shoulder activities with him (like watching a movie and such) without talking. Sometimes men just like to BE with you and not talk.
50. Be a student of his ways so you show your love in ways he best comprehends it.
51. When your husband is in a bad mood give him time to recover. Don’t crowd him.
52. Help him to finish his goals, hobbies, or education when your see he needs it.
53. Treat him as if God has stamped on his forehead: “Handle With Care.”
54. Work to get rid of habits that annoy him.
55. Be kind and thoughtful to his relatives. Don’t make him choose between you.
56. Don’t compare his relatives with yours in a negative way.
57. Thank him for things he’s done around the house. (It means a lot to men).
58. Don’t expect credit for all you do for him. Do it as “unto the Lord.”
59. Make sure he agrees with everything important that you’re planning to do.
60. Do little things for him—let him sleep in, bring him coffee, etc.
61. Don’t belittle his intelligence or be cynical in your words with him.
62. Initiate sex periodically. And respond more often.
63. Sometimes let him enjoy his day off work without having to “work” at home.
64. Get to the point in your discussions. Spare him details unless he wants them.
65. Discover his sexual needs.
66. Surprise him with a 15 second kiss when he gets home from work.
67. Wink at him from across the room when you’re out at a group function.
68. Give him the benefit of the doubt when he mis-speaks.
69. Don’t quarrel over words.
70. Be kind and courteous with him. (Don’t be kinder to strangers than to him.)
71. When things go wrong, instead of assessing blame, focus on how to do better.
72. As a kindness, don’t say, “I told you so.”
73. Try not to argue over money. Peacefully discuss future expenditures instead.
74. Take him out on dates—pre-planning all of the details ahead of time.
75. Hold his hand and snuggle up close to him at times both at home and in public.
76. Praise his good decisions; minimize the bad ones.
77. Tell him you love him more often.
78. Put love notes in his pockets and brief case.
79. Sit with him while he’s watching TV—even if the program doesn’t interest you.
80. Don’t expect him to read your mind (despite your thinking he should— extend grace).
81. Periodically, give him time with his family alone.
82. Check with him before you throw away his papers and stuff, when possible.
83. Work to keep yourself in shape in every way.
84. Let him express himself freely, without fear of being called stupid or illogical.
85. Carefully choose your words. Remember to “speak the truth in LOVE.”
86. Don’t criticize him in front of others—keeping his dignity in tact.
87. Visit his childhood home with him.
88. When you’re angry, express it in respectful ways. Don’t give the silent treatment.
89. Pray for him.
90. Make him homemade soup when he’s sick.
91. Look your best—dress to honor him and make him proud to be seen with you.
92. Support him when someone tries to put him down. Be his best cheer leader.
93. Don’t disagree with him in front of the children.
94. Take him for a weekend get-away without the children.
95. Cheer his successes whether in business or in other areas of everyday living.
96. Graciously teach him how to demonstrate his love for you.
97. Give him coupons to redeem—maybe for a back scratch or a shoulder rub.
98. Buy him a gift certificate to his favorite lunch spot and put it in his wallet.
99. Hide notes for him around the house where only he will find them.
100. Thank him for just being himself.
The author is unknown, for the list of “100 Ways.”


Source: http://www.marriagemissions.com/100-ways-you-can-love-your-husband-his-way/

Grounds for Annulment of Marriage

Art. 45 of The Family Code of the Philippines states 6 grounds by which the court can annul a marriage.

The grounds for annulment of marriage are:

1. Absence of Parental Consent. A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority. The Petition of Annulment must be filed within five (5) years of having attained the age twenty-one. However, if the parties freely cohabited with the other as husband and wife after having reached the age of twenty-one (21) a Petition of Annulment can no longer be filed.

2. Mental Illness. One or the either party was of unsound mind at the moment of the marriage. But if the parties freely cohabited with each other after he or she came to reason the law prohibits the filing of a Petition.

3. Fraud. That the consent of either party was obtained by fraud, unless such party once having knowledge of the fraud freely cohabited with the other as husband and wife. The petition must be filed within five (5) of finding out the facts of the fraud.

4. That the consent of either party was obtained by force, intimidation or undue influence. Except when the same has ceased and the party filing the petition freely cohabited with the other as husband and wife. The injured party must file within five (5) years from the point in time the force, intimidation or undue influence disappeared or came to an end.

5. One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.

6. Either party was at the time of marriage afflicted with a sexually-transmitted-disease (STD) found to be serious and seems to be incurable. This may also constitute fraud. The filing of the Petition of Annulment must be filed within five (5) years after the marriage.