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Tuesday, October 11, 2005
SC strips MTC judges of authority to process criminal complaints
A memorandum from the High Tribunal has stripped Municipal Trial Court (MTC) judges of the authority to receive criminal complaints for preliminary investigation.
The judges will only be allowed to receive formal cases, civil or criminal. The memorandum, signed by Supreme Court Chief Justice Hilario Davide Jr., reportedly took effect last Oct. 3 but the justice department, through the National Prosecution Service, raised concerns about its implication.
One of these concerns is the difficulty policemen in far-flung towns will have to face because they will now have to go to the prosecutor’s office in Cebu City to file complaints.
Provincial prosecutors and regional state prosecutors nationwide will meet in Manila on Oct. 14 to discuss the memorandum.
“Maybe we can move for a reconsideration,” Cebu Provincial Prosecutor Jane Petralba said.
Limited
According to the memorandum, MTC judges nationwide can no longer receive complaints, only formal cases.
The judges’ authority will be limited to resolving the criminal or civil cases formally filed before MTCs by the prosecution office, in the case of the criminal charge, and by offended parties, in the case of civil proceedings.
The directive, however, could spell a lot of problems for the local police in rural areas.
While operatives of municipal police departments within metropolitan areas file complaints before the Office of the Provincial Prosecutor, it’s different in lower class towns.
Practice
There, the chiefs of police file their complaints before the local MTC judge who, acting as prosecutor, will conduct the preliminary investigation against the accused. In a resolution, they will determine whether there is probable cause to elevate the police’s complaint into a formal criminal case.
The resolution is mailed to the Office of the Provincial Prosecutor for recording, but the accused no longer needs to be transported there since the MTC judges, also acting as the court, can issue an order of commitment that authorizes the detention of the accused.
If the case is cognizable in the MTC level, the trial is held there with the accused either detained at the local police station or released on bail.
For a case cognizable by the Regional Trial Court (RTC), the accused is brought to the Cebu Provincial Detention Center where he will stay, if the charge is non-bailable, or if he fails to post bail.
If the memorandum is implemented, policemen from far-flung towns now have to go to Cebu City, where the Office of the Provincial Prosecutor is located, bringing with them the documents of their complaint, as well as the person they want to charge.
Not only is this bothersome to the municipality-based policemen, it also mran facing the risk of escape or rescue. (KNR)
(October 11, 2005 issue)
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