Complaint junked if prosecutor finds no cause for trial

Complaint junked if prosecutor finds no cause for trial "I filed for a complaint for Estafa but it was dismissed by the Prosecutor’s Office on the ground of insufficiency of evidence. What are my options if I am not amenable with the decision of the prosecutor? I received the resolution more than a month ago. V. VillaramaDear V. Villarama, A preliminary investigation is conducted by the Prosecutor’s Office whenever a criminal complaint is filed in order to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information (Section 1 and Section 4, Rule 112, Rules of Court). If there is no probable cause, he shall dismiss the complaint and shall state in his resolution the reason thereof. The party or parties who disagree(s) with the decision of the prosecutor may file a motion for reconsideration with the Office of the Prosecutor within 15 days from receipt of the resolution or a petition for review with the Department of Justice (DOJ), also, within 15 days from receipt of the notice of resolution or denial of the motion for reconsideration (Department Order no. 70, 2000 NPS Rule on Appeal of the Department of Justice).Unfortunately, you cannot avail of the remedies of motion for reconsideration or petition for review because you only have 15 days from receipt thereof to file the necessary pleading and, as you have stated, you received the resolution more than a month ago. However, you may re-file your complaint against the same person if you have sufficient evidence for him to be held for trial for the crime of estafa, provided that the period of re-filing has not yet prescribed. The prescriptive period for the filing thereof is based on the penalty of the crime. For the crime of estafa, since the heaviest penalty that may be imposed is reclusion temporal and the lightest penalty being arresto mayor, the prescriptive period is 20 years for the former and five years for the latter. The period of its computation shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceeding was terminated without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him (Article 91, Revised Penal Code). Please be reminded that the above legal opinion is solely based on our appreciation of the problem that you have stated. The opinion may vary when other facts are stated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net." - https://www.affordablecebu.com/