Preliminary investigations may still be held in areas under stricter quarantine
MANILA, Philippines — Prosecutors may proceed in the preliminary investigation into pending complaints before them even if they are operating in areas under Modified Enhanced Community Quarantine or under ECQ, Prosecutor General Benedicto Malcontento said.
In a message to reporters on Thursday, Malcontento said he has a standing directive for prosecutors during MECQ and ECQ periods that preliminary investigations will not necessarily be suspended during this time.
“If video[conferencing] can be done, we allow [it]. However, we are lenient as to extensions of time to submit affidavits,” Malcontento added.
Preliminary investigation determines whether charges, based on probable cause, will be filed before courts. Respondents will be given time to submit their defenses through counter-affidavits during these proceedings.
The Department of Justice, which houses the National Prosecution Service, is located in Manila that is currently under MECQ status until the end of April. Other areas under MECQ are Bulacan, Cavite, Laguna, Rizal, Abra, Quirino and Santiago City in Isabela.
Chief Justice Alexander Gesmundo on Wednesday ordered that premises of courts in areas under MECQ status meanwhile shall remain closed until April 30. Trials on cases, whether urgent or not, shall proceed through videoconferencing.
Affected courts shall maintain skeleton force to attend to all urgent matters, and should ensure that they may be reached through their hotlines or email addresses. — Kristine Joy Patag
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