Republic of the Philippines Province of Quezon Lucena City Office of the Provincial Prosecutor

Requirements in filing of case/s for Preliminary Investigation and Inquest Proceeding

*Checklists of documents required

CHECKLIST 1: Complaints directly filed by private individuals and government agencies/entities

(___) complaint-affidavit/sworn-statement of complainant/victim (5 copies plus number of respondents) (___) affidavit/sworn-statement of witness/es (5 copies plus number of respondents)

Supporting Documents, when required: (5 copies plus number of respondents)

(___) Certificate to File Action, for offenses covered by the Katarungang Pambarangay (___) Medical certificate showing the nature and extent of the injury, in cases of frustrated or attempted homicide, murder, parricide, and physical injuries (___) Police Investigation Report (___) Police Sketches, in cases of vehicular collision (___) Photographs, in cases of vehicular collision (___) Inventory/List of articles/Items subject of the offense with their respective values, in cases of theft, robbery, violation of P.D. 532 (Anti-Piracy and Anti-Highway Robbery), and violation of P.D.1612 (Anti-Fencing Law) (___) Gambling paraphernalia or its photograph, if any, item/cash money (bet/wager), in cases of illegal gambling (P.D.1602) (___) Certification from the Traffic Management Group or LTO, for violation of the Anti-Carnapping Law (R.A.6539) (___) Certification from the Firearms and Explosives Office (FEO), in cases of illegal possession of firearms, ammunitions and explosives (P.D.1866, as amended by R.A. 8294 and as further amended by RA 10591) (___) POEA Certification of Non-Licensee or Non-Holder of Authority, in illegal recruitment cases (___) Chemistry Report/Laboratory examination report signed by forensic chemist, in cases of violation of Dangerous Drugs Law/ Comprehensive Dangerous Drugs Act (R.A. 9165) (___) Death Certificate, in cases of parricide, murder, homicide (___) Authority to File Complaint signed the Commissioner of Customs or Commissioner of Internal Revenue, for violation of the Tariff and Customs Laws or National Internal Revenue Code, respectively (___) Investigation Data Form (NPS INV Form No. I); duly accomplished and certified under oath by complainant (2 copies)

Where the victim/offender is a minor:

(___) birth certificate; or dental chart accompanied by the certificate of the dentist; or affidavit of any of the parent/disinterested person stating the age and date of birth of the victim/offender (___) certificate of discernment from the LSWD in cases covered by R.A. 9344 (“the Juvenile Justice and Welfare Act”), in cases where the offender is 15 years old and below 18 years old

CHECKLIST 2: Complaints referred by law enforcement agencies

(___) Referral letter by the law enforcement agency clearly stating that it is a commencement of criminal action for a particular offense (___) complaint-affidavit/sworn-statement of private complainant/victim (5 copies plus number of respondents; must include original copy) (___) affidavit/sworn-statement of witnesses/es (5 copies plus number of respondents; must include original copy)

Supporting Documents, when required: (5 copies plus number of respondents)

(___) Medical certificate, in physical injuries cases (___) Police Investigation Report (___) Police Sketches, in cases of vehicular collision (___) Photographs, in cases of vehicular collision (___) POEA Certification of Non-Licensee or Non-Holder of Authority, in illegal recruitment cases (___) Death Certificate, in cases of parricide, murder, homicide (___) Authority to File Complaint signed the Commissioner of Customs or Commissioner of Internal Revenue, for violation of the Tariff and Customs Laws or National Internal Revenue Code, respectively (___) Investigation Data Form (NPS INV Form No. I); duly accomplished and certified under oath by private complainant (2 copies)

CHECKLIST 3: Inquest

(___) Affidavit of Arrest/Apprehension (and Affidavit of Turnover, in case of citizen’s arrest); (5 copies plus number of persons arrested/respondents) (___) Investigation Report (___) Affidavit of complainant and witnesses (5 copies plus number of persons arrested/respondents) (___) Investigation Data Form (NPS-INV Form No. 1) duly accomplished and certified under oath by the law enforcer or citizen effecting the arrest (2 copies)

Supporting documents, in specific cases: a. Murder, Homicide and Parricide (___) certified true/machine copy of the certificate of death of the victim (___) autopsy report and the certificate of post-mortem examination, if already available (___) marriage certificate, in parricide cases b. Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries (___) medical certificate of the complaining witness/victim showing the nature and extent of the injury and duration of healing (___) certification or statement as to duration of the treatment or medical attendance (___) certification or statement as to duration of incapacity for work (___) marriage certificate in frustrated or attempted parricide cases c. Violation of the Dangerous Drugs Law/Comprehensive Dangerous Drugs Act of 2002 (R.A. 9165) (___) chemistry report or certificate of laboratory examination duly signed by the forensic chemist, or if unavailable, field test results on the seized drug as attested to by a PNP Narcotics Command operative or other competent person (___) machine copy or photograph of the buy-bust money, if available (___) affidavit of the poseur buyer, if any d. Theft and Robbery, Violation of the Anti-Piracy and Anti-Highway Robbery Law (P.D.532) and Violation of the Anti-Fencing Law (P.D.1612) (___) a list/inventory of the articles and items subject of offense; and (___) statement of their respective values e. Rape, Seduction, and Forcible Abduction with Rape (___) the medico-legal report (living case report) if the victim submitted herself for medical or physical examination f. Violation of the Anti-Carnapping Law (R.A.6539) (___) machine copy of the certificate of motor vehicle registration (___) machine copy of the current official receipt of payment of the registration fees of the subject motor vehicle (___) photograph of the motor vehicle, if readily available (___) certification from the Traffic Management Group/Land Transportation Office (___) other evidence of ownership g. Violation of the Anti-Cattle Rustling Law (P.D.533) (___) machine copy of the cattle certificate of registration; and (___) photograph of the cattle, if readily available

h. Violation of Illegal Gambling Law (P.D.1602) (___) gambling paraphernalia (___) photograph of the gambling paraphernalia, if any; and (___) cash money, if any i. Illegal Possession of Firearms, Ammunitions and Explosives (P.D.1866, as amended by R.A. 8294) (___) chemistry report duly signed by the forensic chemist; and (___) photograph of the explosives, if readily available j. Violation of the Fisheries Law (P.D.704) (___) photograph of the confiscated fish, if readily available (___) photograph of fishing paraphernalia, if any; and (___) certification of the Bureau of Fisheries and Aquatic Resources k. Violation of R.A. 9262 (VAWC) (___) marriage contract/certificate, or affidavit/evidence of “dating relationship”, if applicable; and (___) barangay protection order (BPO), if any

Where the victim/offender is a minor: (___) birth certificate; or dental chart accompanied by the certificate of the dentist; or affidavit of any of the parent/disinterested person stating the age and date of birth of the victim/offender (___) certificate of discernment from the LSWD in cases covered by R.A. 9344 (“the Juvenile Justice and Welfare Act), in cases where the offender is 15 years old and below 18 years old

*Source Handbook on Administrative Case Management

Republic of the Philippines Province of Quezon Lucena City Office of the Provincial Prosecutor

Types of Frontline Service Fees Forms/ Processing Person-in- Documents Time charge Filing of case/s for Preliminary Investigation

Steps/Procedure

1). Complainant/s shall submit the Corresponding 5-10 Receiving necessary documents; and the documents documents minutes clerk shall be assessed if they comply with the provided in requirements provided in the given the checklist checklist correspondingly.

2) If the documents are complete, the Corresponding 10-15 Available/ complainant will fill-up the Investigation documents minutes Duty Data Form and thereafter the provided in Prosecutor complaint’s/s’, witness’/es’ (if any) the checklist affidavit/s and the Investigation Data and Forms, will be subscribed/certified under- Investigation oath. Data Form

3) The complaint/s, with all duplicate Record/s 5-10 Docketing copies and supporting documents, will minutes Clerk be received and docketed.

Complainant/s shall wait for a duly stamped/ received copy with an assigned

NPS docket number.

4) The record/s of the complaint/s shall Record/s and 10 minutes Assigning be assigned in a sequential manner with Docket Clerk pre-determined pattern among prosecutors in the office, thereafter the conduct of Preliminary Investigation shall begin.

Republic of the Philippines Province of Quezon Lucena City Office of the Provincial Prosecutor

Types of Frontline Service Fees Forms/ Processing Person-in- Documents Time charge Filing of case/s for Inquest Proceeding

Steps/Procedure

2) If the documents are complete, the Corresponding 10-15 Duty complainant will fill-up the Investigation documents minutes Inquest Data Form and thereafter the provided in Prosecutor complaint’s/s’, witness’/es’ (if any) the checklist affidavit/s will be subscribed/certified and under-oath. Investigation Data Form 3) The complaint/s, with all duplicate copies and supporting documents, will Record/s 5-10 Duty be received and docketed. minutes Inquest Complainant/s shall wait for a duly Staff stamped/ received copy with an assigned NPS docket number.

4) If the respondent/s opted not to sign a waiver of Article 125 of the RPC, an Inquest 10 minutes Duty Inquest Disposition Form shall be Disposition Inquest prepared by the Inquest Prosecutor Form Prosecutor outright, and immediately terminate the Inquest Proceeding.

5) If the respondent/s opted to sign a waiver of Article 125 of the RPC, and Waiver and 10 minutes Duty consequently requested a Preliminary Subpoena Inquest Investigation, a regular conduct of the Staff latter shall be done, the Inquest Prosecutor shall issue Subpoena to the respondent/s, for him/them to submit his/their Counter- Affidavit and other supporting documents within 10 day period.

Republic of the Philippines Province of Quezon Lucena City Office of the Provincial Prosecutor

Prosecutor’s Clearance

Documentary Requirements

1. Community Tax Certificate of the requesting party 2. Barangay Clearance or Police Clearance 3. Proof of Payment/Official Receipt from the Department of Justice’s designated Special Collection Officer

Types of Frontline Service Fees Forms/ Processing Person-in- Documents Time charge Prosecutor’s Clearance

Steps/Procedure

1.The requesting party shall P50.00 DOJ-NPS 5 minutes Mildred J. pay to the Department of to Official Receipt Montes Justice’s designated Special P1,000.00 Collection Officer for issuance of Prosecutor’s Clearance and shall secure an Official Receipt;

2.The requesting party shall Community Tax 10 minutes Renato O. present the aforesaid Official Certificate,Bara Martinez Receipt, together with other ngay/Police documentary requirements, Clearance and for verification of any existing Prosecutor’s case/s(pending/filed/dismiss Clearance Form ed) for the subject person of the Clearance and for preparation of Clearance to this Office’s Clearance Section;

4.The requesting party shall Filed up 10 minutes Elcita A. Ona proceed to this Office’s Prosecutor’s Personnel Section for signing Clearance Form and assigning of control number of the aforesaid clearance; 5 minutes Elcita A. Ona 5.Releasing and claiming of clearance;