Town cops may now file cases directly with RTC

Town policemen may no longer have to waste their time going to Cebu City just to file complaints against persons they arrested with cases cognizable only by the Regional Trial Courts.

The RTC executive judges, their respective clerks of courts, provincial prosecutor Pepita Jane Petralba and Governor Gwen Garcia agreed in a meeting last month to allow the policemen to file the case directly before the RTC in the absence of prosecutors in their respective places.

"Ang mga polis mohimo ra og certification nga wala'y available nga prosecutor sa ilang lugar aron nga ma-file nila ang kaso batok sa ilang mga dinakpan direkta sa RTC sa ilang dapit," Petralba said.

Policemen earlier complained because they are no longer allowed to file the case before the Municipal Trial Courts if the case against arrested persons is cognizable by the RTC.

The new rules of court that took effect on October 3, 2005 provides the policemen may file the case directly with RTC against the persons lawfully arrested by them without a warrant if there is no available prosecutor in the area.

Municipal Circuit Trial Courts and MTCs are also no longer allowed to conduct preliminary investigations of cases that are cognizable only to the second level courts, according to the latest amendments.

The old rules allow the judges of first level courts, meaning MTC and MCTC, to conduct preliminary hearing of cases even if these are cognizable by the RTCs. But these resolutions are subject to review by the provincial prosecutors. - Rene U. Borromeo