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Have I Been Formally Charged?

Question : For purposes of filling-in a Personal Data Sheet, when will a civil servant be considered “formally charged” as to have a “pending case”?

Answer:

This question was squarely answered by the Supreme Court in the case of Crisostomo M. Plopinio vs. Atty. Liza Zabala-Cariño (A.M. No. P-08-2458, March 22, 2010) where it was clarified that a person shall be considered formally charged when –

 (1)     In administrative proceedings – (a) upon the filing of a complaint at the instance of the disciplining authority; or (b) upon the finding of the existence of a prima facie case by the disciplining authority, in case of a complaint filed by a private person.

 (2)     In criminal proceedings – (a) upon the finding of the existence of probable cause by the investigating prosecutor and the consequent filing of an information in court with the required prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy; (b) upon the finding of the existence of probable cause by the public prosecutor or by the judge in cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure; or (c) upon the finding of cause or ground to hold the accused for trial pursuant to Section 13 of the Revised Rule on Summary Procedure.

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