The document discusses the contents and parts of a resolution issued by prosecutors. A resolution should include: 1) a brief summary of the facts of the case; 2) a concise statement of the issue; 3) applicable laws and jurisprudence; and 4) findings including evidence. The body of a resolution generally has four parts: 1) describing the nature of the case based on evidence; 2) the complainant's version; 3) the respondent's version; and 4) an analysis of evidence, conclusion, and citations supporting the conclusion. A motion for reconsideration of a resolution must be acted on within 30 days and state the grounds for reconsideration.
The document discusses the contents and parts of a resolution issued by prosecutors. A resolution should include: 1) a brief summary of the facts of the case; 2) a concise statement of the issue; 3) applicable laws and jurisprudence; and 4) findings including evidence. The body of a resolution generally has four parts: 1) describing the nature of the case based on evidence; 2) the complainant's version; 3) the respondent's version; and 4) an analysis of evidence, conclusion, and citations supporting the conclusion. A motion for reconsideration of a resolution must be acted on within 30 days and state the grounds for reconsideration.
The document discusses the contents and parts of a resolution issued by prosecutors. A resolution should include: 1) a brief summary of the facts of the case; 2) a concise statement of the issue; 3) applicable laws and jurisprudence; and 4) findings including evidence. The body of a resolution generally has four parts: 1) describing the nature of the case based on evidence; 2) the complainant's version; 3) the respondent's version; and 4) an analysis of evidence, conclusion, and citations supporting the conclusion. A motion for reconsideration of a resolution must be acted on within 30 days and state the grounds for reconsideration.
The document discusses the contents and parts of a resolution issued by prosecutors. A resolution should include: 1) a brief summary of the facts of the case; 2) a concise statement of the issue; 3) applicable laws and jurisprudence; and 4) findings including evidence. The body of a resolution generally has four parts: 1) describing the nature of the case based on evidence; 2) the complainant's version; 3) the respondent's version; and 4) an analysis of evidence, conclusion, and citations supporting the conclusion. A motion for reconsideration of a resolution must be acted on within 30 days and state the grounds for reconsideration.
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e.
Contents of the Body of the Resolution
In general, the body of resolution should contain: 01.a brief summary of the facts of the case; 2.a concise statement of the issue involved; 3.applicable laws and jurisprudence; and 4.the findings, including an enumeration of all the documentary evidence submitted by the parties and recommendations of the investigating prosecutor. All material details that should be found in the information prepared by the investigating Prosecutor shall be stated in the resolution.
f.Parts of a Resolution As a rule, the body of a resolution is made up of four parts, namely: 1.Part 1 shall state the nature of the case as disclosed in the evidence presented by the complaint such as his affidavit-complaint, the affidavit of witnesses and documentary and physical evidence. The affidavit shall be numbered in the order of the presentation of the prosecution witnesses as disclosed in the list of witnesses appearing in the information. As for the documentary evidence, they shall be alphabetically marked as they would be marked during the pre-trial and trial stages of the case.
2.Part 2 shall contain the version of complainant of the incident. The
presentation of the complainant’s case should be concise and shall not be cluttered with details that are not necessary to show the elements of the offense. Part 3 shall allege the respondent’s version of the incident. This must also be concise. 4.Part 4 shall contain the discussion, analysis and evaluation by the prosecutor of the evidence presented by the complainant and the respondent, without relying on the weakness of the defense of the respondent. It shall also contain the conclusion of the prosecutor. The complainant’s and respondent’s versions of the incident need to be repeated in this part except to point out the excerpts relating to the existence or absence of the elements of the crime. Citations of pertinent laws and jurisprudence should support the conclusion reached. Where numerical values are important, the number shall be written in words and figures.
P. ACTION ON A MOTION FOR RECONSIDERATION
A motion for reconsideration filed within fifteen (15) days from receipt of the resolution shall be acted upon within thirty (30) days from receipt of the motion by the assigned prosecutor. The motion must be verified and accompanied by proof of service to the opposing party. It must state clearly and distinctly the grounds relied upon in support of the motion. Where the information has already been filed in court, the Chief State/Provincial/City Prosecutor may not give due course to the motion for reconsideration until there is a showing that the movant has filed a motion with the court for the suspension of the proceedings, and the court has granted such motion to suspend proceedings. The Office of the Chief State/Provincial/City Prosecutor shall resolve the motion for reconsideration within the period fixed by the court. Once the motion for reconsideration has been resolved, a motion should be filed in court by the Chief State/Provincial/ City Prosecutor or his/her authorized assistant, attaching thereto the resolution on the motion for reconsideration, informing the court of the action taken thereon and asking it either to proceed with the case, or withdraw the information or cause such other measures to be done as may be warranted.
