Presenting evidence in court to prove one’s innocence

Presenting evidence in court to prove one’s innocence "I received a subpoena from the Office of the City Prosecutor of Manila stating that I must answer a complaint for slight illegal detention filed against me. I know that the case was only filed to harass me. I did not answer the complaint anymore because the allegations therein were only fabricated. Last week I received an information that I have a standing warrant of arrest. I think this is really an injustice. Please enlighten me.Willy Dear Willy,Based on your narration, a crime of slight illegal detention, which is punishable by reclusion temporal, or imprisonment of 12 years and one day to 20 years, was filed against you before the Office of the City Prosecutor of Manila. Under the Rules of Court, within 10 days after the filing of the complaint, the investigating officer shall either dismiss the complaint if he finds no ground to continue with the investigation or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents. Within 10 days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense. The counter-affidavit shall be subscribed and sworn to and certified, with copies thereof furnished by him to the complainant (Section 13 Rule 112 of the Rules of Court). If the investigating prosecutor finds cause to hold respondent for trial, he shall prepare the resolution and information (Section 4, Rule 112 of the Rules of Court).In your case, you did not answer the complaint filed against you. Since you have not submitted your counter-affidavit and evidence to refute the allegations in the complaint, the prosecutor only took into consideration the complaint and the pieces of evidence submitted by the complainant. Apparently, the prosecutor believed that a crime of slight illegal detention has been committed and you are probably guilty thereof. Hence, he has rendered a resolution as to this matter and filed the corresponding information in court, which issued the warrant of arrest. If you want to question the resolution of the Prosecutor, the remedy is to file a Petition for Review with the Department of Justice (DOJ) within 15 days from receipt of the resolution (NPS Rule of Appeal, DOJ, Department Circular No. 70, 3 July 2001). Undoubtedly in your case, the period has already lapsed, you have no other choice but to face the case in court and present your evidence to prove your innocence therein.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 or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/