RULE 13 FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS

Sec. 7. Service by mail.

Service by registered mail shall be made by depositing the copy in the office, in a sealed envelope,
plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if known,
with postage fully pre-paid, and with instructions to the postmaster to return the mail to the sender
after ten (l0) days if undelivered. If no registry service is available in the locality of either the sender or
the addressee, service may be done by ordinary mail.

Sec. 10. Completeness of service.

Personal service is complete upon actual delivery. Service by ordinary mail is complete upon the
expiration of ten (10) days after mailing, unless the court otherwise provides. Service by registered mail
is complete upon actual receipt by the addressee, or after five (5) days from the date he received the
first notice of the postmaster, whichever date is earlier.

Sec. 13. Proof of service.

Proof of personal service shall consist of a written admission of the party served, or the official return of
the server, or the affidavit of the party serving, containing a full statement of the date, place and
manner of service. If the service is by ordinary mail, proof thereof shall consist of an affidavit of the
person mailing of facts showing compliance with section 7 of this Rule. If service is made by registered
mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office. The
registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof the
unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the
addressee.

R.112, Preliminary Investigation

Sec. 6. When warrant of arrest may issue. (a) By the Regional Trial Court. Within ten (10) days from
the filing of the complaint or information, the judge shall personally evaluate the resolution of the
prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record
clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a
commitment order if the accused has already been arrested pursuant to a warrant issued by the judge
who conducted the preliminary investigation or when the complaint or information was filed pursuant
to section 7 of this Rule. In case of doubt on the existence of probable cause, the judge may order the
prosecutor to present additional evidence within five (5) days from notice and the issue must be
resolved by the court within thirty (30) days from the filing of the complaint of information.

R. 114 Bail

Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation. An
application for or admission to bail shall not bar the accused from challenging the validity of his arrest or
the legality of the warrant issued therefore, or from assailing the regularity or questioning the absence
of a preliminary investigation of the charge against him, provided that he raises them before entering
his plea. The court shall resolve the matter as early as practicable but not later than the start of the trial
of the case.

If case goes to:

1. The Investigator may conduct its own assessment and investigation of P.C without requiring the
further submission affidavits of respondents.

It behooves upon the Investigator to weigh the evidences carefully because the result of
the inv as in this case was the dismissal from public service.
While it is correct that the investigator may conduct an investigation based on the
pleadings submitted, the inv should still comply with due of process particularly of giving
notice and opportunity to defend himself.
In this case your honor, it is true that the accused was informed of the complaint
however, the complaint is only for Malversation, falsification and RA 3019, with the
crime of malversations and falsification being the basis of RA 3019. There was no
affidavit submitted charging the accused for violation of public bidding. Nor was there
any form that would qualify for a notice requirement. In this aspect your honor, it is not
just an irregularity but a complete absence of the P.I with regard to the case filed before
this honorable court.