7/17/2019 How is the Counter

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How is the Counter-Affidavit submitted by the respondent?

Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and

documents, the respondent shall submit his counter-affidavit and that of his witnesses and other

supporting documents relied upon for his defense. The counter-affidavits shall be subscribed and

sworn to and certified before the investigating prosecutor (which means that the respondent must

generally be present during the submission of the counter-affidavit), with copies furnished to the

complainant. The respondent is not be allowed to file a motion to dismiss in lieu of a counter-affidavit.

Can the investigating prosecutor resolve the complaint if the respondent does not appear?

Yes. If the respondent cannot besubpoenaed, or ifsubpoenaed, does not submit counter-affidavits,

the investigating office shall resolve the complaint based on the evidence presented by the

complainant. Within ten (10) days after the investigation, the investigating officer shall determine

whether or not there is sufficient ground to hold the respondent for trial.

This is the reason why, even in cases where a preliminary investigation is required, it’s entrely

possible that a warrant of arrest may be isued without the respondent/accused being informed about

or having participated in a preliminary investigation. So, don’t disregard asubpoenain a preliminary

investigation.