Justice Secretary Leila M. De Lima on Thursday said that it
is premature to compel the Moro Islamic Liberation Front (MILF) to surrender
their members who are suspects in the killing of 35 members of the 55th Special
Action Force (SAF) Company of the PNP-SAF.
According to De Lima, there is still no case filed in court
and the complaint still needed to undergo the preliminary investigation by the
prosecutor.
Once the preliminary investigation starts, De Lima said, a
subpoena will be sent to the suspects, but they cannot be compelled to attend
the hearing.
Under the process of filing a criminal case, if the suspect
or respondent did not cooperate with the preliminary investigation nor file a
counter-affidavit, the prosecutor can decide on the case based on the sworn
affidavit and evidence submitted to them.
If probable cause is found in the complaint, that will be
the time to file the case in court and the court in turn, may issue a warrant
of arrest.
http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=755614
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