HOW DOES THE INVESTIGATING PROSECUTOR RESOLVE THE FINDINGS AFTER PRELIMINARY INVESTIGATION?
> The investigating prosecutor shall do the following:
1. If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the information that:
a. He, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesses;
b. That there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof;
c. That the accused was informed of the complaint and of the evidence submitted against him;
d. And that he was given an opportunity to submit controverting evidence.
2. If the investigating officer finds no probable cause, he shall recommend the dismissal of the complaint
3. Within five (5) days from his resolution, he shall forward the record of the case to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten (10) days from their receipt thereof and shall immediately inform the parties of such action.
4. No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy.
5. If the investigating prosecutor recommends the dismissal of the complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy on the ground that a probable cause exists, the latter may, either:
a. By himself, file the information against the respondent,
b. Direct another assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation.
