Quote Originally Posted by earthlyken View Post
Hello Sir JM,

Question lang po regarding sa case ko,

nakatangap ako ng notice "resolution" last June 29 na naka file na sa court yung case kopo..then since resolution napo siya...what we did is nag submit kami ng MR for the dismissal due to "utter lack of merit" last July 13 (14 days), then we received a letter of notice for court hearing last July 20 (the notice was made on July 13 which is not yet 15 days), then we received another notice from the prosecutor's office last August 10 directing the complainant to submit their comments for the MR we submitted last July...baket ang gulo ng process nila? they didn't follow the preliminary hearing, they didn't follow the 15 days for us to submit MR, may court hearing na agad..and since may court hearing schedule na, baket nag submit pa ng notice yung prosecutor sa complainant?

Thanks for reading again sir JM...TIA
yung sinabi mong notice ng prosecutor na ipinadala niya sa complainant para naman makapag comment siya sa ipinag file mo na MR ay kailangan para malaman ng complainant na ikaw ay nag file ng MR and if he is minded to he may file his comment. that is a requirement of due process. kung di mapag bigyan ng pagkakataon na magkomento sa inihain mong motion ang complainant mayamaya kung mai-grant yung MR mo baka sasabihin niya bias ang prosecutor sa inyo.
Sana nag file kayo together with your MR ng motion to defer filing of information in court.
anyway, under the rules, within five days from knowledge that an information is filed in court against, you have the right to file a motion for reinvestigation in court. if granted, the court will order the prosecutor to conduct a reinvestigation of your case. OR, in the alternative, before the judge will issue a warrant of arrest against you, you may file a motion for judicial determination of probable cause. yan ang ginawa ni ping lacson sa kaso niya.
i hope you engage a very good lawyer who knows his thing so that you'll amply be protected and all these things that I told you will be explained to you clearly.