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Senator Jinggoy Estrada vs. Ombudsman Bersamin

SENATOR JINGGOY EJERCITO ESTRADA, PETITIONER, VS. BERSAMIN, OFFICE OF THE OMBUDSMAN, FIELD INVESTIGATION OFFICE, OFFICE OF THE OMBUDSMAN, NATIONAL BUREAU OF INVESTIGATION AND ATTY. LEVITO D. BALIGOD, RESPONDENTS.

G.R. Nos. 212140-41 | 2015-01-21

EN BANC
D E C I S I O N

CARPIO, J.:

It is a fundamental principle that the accused in a preliminary investigation has no right to cross-examine the witnesses which the complainant may present. Section 3, Rule 112 of the Rules of Court expressly provides that the respondent shall only have the right to submit a counter-affidavit, to examine all other evidence submitted by the complainant and, where the fiscal sets a hearing to propound clarificatory questions to the parties or their witnesses, to be afforded an opportunity to be present but without the right to examine or cross-examine.

- Paderanga v. Drilon1

This case is a Petition for...