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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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