Dear Atty. Gab

Musta Atty!

I hope this email finds you well. I’m writing to you because I’m quite confused and worried about a legal issue I’m facing regarding some old business dealings. A few months ago, I received a notice that there was an investigation related to a real estate mortgage document tied to a property my former company used to own. This document was allegedly signed by me to secure a loan from a bank back in 2018.

The problem is, I honestly do not recall signing any such document at that time for that specific purpose, especially one that would mortgage that particular property. The notice mentioned that the National Bureau of Investigation (NBI) looked into it, and their report concluded that the signature on the mortgage document didn’t match my sample signatures they compared it with. This confirmed my suspicion.

Based on the NBI findings, I thought the case against the individuals who presented this document (maybe bank employees or a notary?) would proceed. However, I recently learned that the City Prosecutor who handled the initial stage decided to dismiss the complaint, saying there wasn’t enough probable cause. Now, I hear that the Secretary of Justice is reviewing the prosecutor’s decision.

Atty. Gab, I don’t understand. If the NBI’s own experts said my signature likely isn’t mine, why would the prosecutor dismiss the case? Does the prosecutor’s decision mean the document is valid after all? What does it mean that the Secretary of Justice is reviewing it? Is there still a chance to prove that my signature was falsified? Any guidance you can provide on how this process works would be greatly appreciated as I feel completely lost.

Thank you for your time and expertise.

Sincerely,

Gerardo Flores
Musta Atty!

Dear Gerardo Flores

Musta Gerardo!

Thank you for reaching out and sharing your situation. It sounds like a stressful and confusing process, especially when you’re dealing with official investigations and conflicting outcomes from different government agencies. I understand your concern about the prosecutor’s dismissal despite the NBI report and what the review by the Secretary of Justice means for you. Let’s break down the process you’re encountering, which involves the preliminary investigation phase of a potential criminal case.

Understanding the Path to Probable Cause

Your experience touches upon the crucial stage of preliminary investigation in the Philippine legal system. This stage is not a trial where guilt or innocence is finally determined. Instead, its main purpose is to ascertain whether there is sufficient ground to believe that a crime has been committed and that the person complained of is probably guilty of it, and should therefore be held for trial.

The finding required at this stage is called probable cause. It’s not about absolute certainty, but rather a well-founded belief based on the evidence presented. As the Supreme Court has explained, probable cause implies mere probability of guilt, meaning a finding based on more than bare suspicion but less than evidence that would justify a conviction in court.

Probable cause pertains to facts and circumstances sufficient to support a well-founded belief that a crime has been committed and the accused is probably guilty thereof. (Principles from G.R. No. 182573)

Investigating agencies like the NBI play a role by conducting initial inquiries and gathering evidence. Their findings, such as the handwriting report you mentioned, are valuable but are generally considered recommendatory. They provide information to the prosecutor, who then makes the determination of probable cause based on all the evidence submitted by both the complainant and the respondent during the preliminary investigation itself.

In your case, the NBI report suggesting your signature was not genuine is significant evidence. However, the individuals you complained against likely presented their own evidence and arguments during the preliminary investigation before the City Prosecutor. This counter-evidence might have included other documents with your signature, testimonies, or explanations regarding the circumstances surrounding the mortgage. The prosecutor is tasked with weighing all this information to see if a prima facie case exists – enough initial evidence to suggest a crime might have occurred and the respondents might be involved.

One common point of confusion is the difference between what is considered during preliminary investigation versus a full trial. Defenses raised by the respondent, such as claiming the signatures are genuine based on comparison with other documents they possess, are typically matters that delve into the merits of the case. These are best examined and fully debated during a formal trial where witnesses can be cross-examined and evidence thoroughly scrutinized.

The validity and merits of a party’s defense and accusation, as well as admissibility of testimonies and evidence, are better ventilated during trial proper than at the preliminary investigation level. (Principles from G.R. No. 182573)

The prosecutor’s task is limited to determining probable cause, not conducting a mini-trial. Sometimes, prosecutors dismiss complaints if they believe the complainant’s evidence, even with reports like the NBI’s, is not enough to overcome the initial appearance of regularity or if the respondent presents compelling counter-evidence that weakens the finding of probability of guilt at that stage. However, this initial dismissal is not necessarily final.

This brings us to the review by the Secretary of Justice. The Secretary of Justice has the power to review the findings and resolutions of prosecutors. This power allows the Secretary to reverse, modify, or affirm the prosecutor’s determination if, upon review of the records, the Secretary finds that the prosecutor erred in determining probable cause. This serves as an administrative check on the prosecutor’s discretion.

The determination of probable cause is essentially an executive function, lodged in the first place on the prosecutor who conducted the preliminary investigation. The prosecutor’s ruling is reviewable by the Secretary who, as the final determinative authority on the matter, has the power to reverse, modify or affirm the prosecutor’s determination. (Principles from G.R. No. 182573)

Even if the respondents in the complaint argued they were denied due process during the NBI investigation, the opportunity to submit counter-affidavits and evidence during the preliminary investigation stage before the prosecutor cures any such initial defect. Similarly, if you were given the opportunity to file an appeal or a motion for reconsideration before the Secretary of Justice, your right to due process is generally considered satisfied.

Sufficient compliance with the requirements of due process exists when a party is given a chance to be heard through his motion for reconsideration. (Principles from G.R. No. 182573)

So, the Secretary of Justice will essentially re-evaluate the evidence presented to the prosecutor and decide whether, in their view, there is probable cause to file a case in court based on the legal standards for preliminary investigation.

Practical Advice for Your Situation

• Understand Probable Cause: Remember that the prosecutor’s dismissal means they found no probable cause based on the evidence before them at that time, not that the document is definitively genuine or that no crime occurred.
• Wait for the SOJ Review: The review by the Secretary of Justice is a crucial step. If the Secretary reverses the prosecutor’s decision, a criminal case may still be filed in court.
• Gather Your Evidence: Compile all documents you have related to that period, including the NBI report, the prosecutor’s resolution, any correspondence about the property or business loan, and genuine samples of your signature from around 2018.
• Consider Independent Analysis: Since signature authenticity is central, consider obtaining an independent handwriting expert’s opinion to strengthen your claim.
• Prepare for Potential Trial: If the Secretary of Justice finds probable cause, the case will proceed to court. This is where a full trial will take place, and all evidence, including conflicting handwriting analyses, will be thoroughly examined.
• Secure Legal Representation: Navigating the review process and a potential court trial requires legal expertise. A lawyer can represent you, present your evidence effectively, and challenge the opposing party’s claims.
• Keep Records: Document all communication, notices, and filings you receive regarding this matter.

The fact that the Secretary of Justice is reviewing the dismissal indicates that the initial decision is not necessarily final. There is still a process in motion to determine if the evidence warrants a criminal case proceeding to trial. Focus on preparing your documentation and understanding the next steps should the Secretary reverse the prosecutor’s finding.

Hope this helps!

Sincerely,
Atty. Gabriel Ablola

For more specific legal assistance related to your situation, please contact me through gaboogle.com or via email at connect@gaboogle.com.

Disclaimer: This correspondence is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please schedule a formal consultation.