mr e investigation
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SEC.7. Motion for reinvestigation.- At any time after the filing of the petition and before its resolution, the petitioner may, with leave of court, file a motion for reinvestigation on the ground that new and material evidence has been discovered which petitioner could not, with reasonable diligence, have discoveredduring the preliminary investigation and which if produced and admitted would probably change the resolution. The Department or the Regional State Prosecutor, as the case may be, shall then issue a resolution directing the reinvestigation of the case, if still legally feasible. When reinvestigation is granted, it shall take place in the Office of the Prosecutor from which the petition was taken.
-Department of JusticeNational Prosecution ServiceManual for Prosecutors
---------It is stated under the 2000 NPS Rule on Appeal of the Department of
Justice that an aggrieved party on the resolution of the Chief State Prosecutor, Regional State Prosecutors and Provincial/City Prosecutor in cases subject of preliminary investigation/reinvestigation may file a verified petition for review with the Office of the Secretary of the Department of Justice within 15 days from receipt of the resolution, or of denial of the motion for reconsideration/reinvestigation, if one has been filed. The Secretary of Justice may dismiss the petition outright if she finds the same to be patently without merit or manifestly intended for delay, or when the issues raised therein are too unsubstantial to require consideration. If an information has been filed in court pursuant to the appealed resolution, the petition shall not be given due course if the accused has already been arraigned. However, any arraignment made after the filing of the petition shall not bar the Secretary of Justice from exercising her power of review.
---------Where should a motion for reinvestigation be filed?After a complaint or information has already been filed in court, a motion for reinvestigation should be addressed to the trial judgeand to him alone.-Crespo vs Mogul