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Dumaguete City, Philippines Thursday, January 19, 2006
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Lower courts stripped
off of authority

Poor litigants from the barrios in Oriental Negros have yet to feel the effects of the Supreme Court amendment to Rules 112 and 114 of the Revised Rules on Criminal Procedure.

Under the amendment, the authority of lower courts such as the Municipal Trial Courts, and the Municipal Circuit Trial Courts, to conduct preliminary investigations, had been removed since August 2005.

The amendment was contained in an Enbanc Supreme Court resolution, Administrative Memorandum 05-8-26-SC.

The amendments on both rules were taken up during the recent meeting with provincial prosecutors and judges in Cebu City.

Oriental Negros provincial prosecutor Diosdado Hermosa said that before the amendment, resolutions of lower courts are subject to review by his office.

Hermosa said there was no reason given for the removal of the authority to conduct preliminary investigations.

Hermosa believes this will have a negative impact on poor litigants from the far-flung barangays who may be discouraged in pursuing complaints, for reason of inconvenience and additional expenses on their part.

Hermosa said he doesn't want to hear comments that victims would resort to violence if their rights were trampled upon.*JG

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