QuestionsQuestions (DOJ DEPARTMENT CIRCULAR NO. 70)
It is meant to provide an expeditious and efficient rule governing appeals from resolutions of prosecutors in the National Prosecution Service (Chief State Prosecutor, Regional State Prosecutors, and Provincial/City Prosecutors) in cases subject of preliminary investigation or reinvestigation.
Any aggrieved party may appeal the prosecutor’s resolution, by filing a petition for review with the Office of the Secretary of Justice, provided the petition is within the required period and follows the required manner and content.
The appeal must be brought to the Secretary of Justice, by filing a verified petition for review with the Office of the Secretary of the Department of Justice.
The appeal must be taken within fifteen (15) days from receipt of the resolution. If a motion for reconsideration/reinvestigation is filed within fifteen (15) days from receipt of the assailed resolution, the appeal period is counted from receipt of the denial.
Only one motion for reconsideration is allowed.
An aggrieved party must file a verified petition for review with the Office of the Secretary, Department of Justice, and furnish copies to (1) the adverse party and (2) the prosecution office issuing the appealed resolution.
It must state: (a) names and addresses of parties; (b) Investigation Slip number (I.S. No.), criminal case number (if any), and the case title including the offense charged; (c) venue of preliminary investigation; (d) specific material dates showing timely filing; (e) clear and concise statement of facts, assignment of errors, and arguments relied upon; and (f) proof of service of the petition on the adverse party and the prosecution office.
The petition must be accompanied by legible duplicate original or certified true copy of the appealed resolution, together with legible true copies of the complaint, affidavits/sworn statements, and other evidence submitted during the preliminary investigation/reinvestigation. If an information has been filed, a copy of the motion to defer proceedings filed in court must also accompany the petition.
No. The investigating/reviewing/approving prosecutor shall not be impleaded as a party respondent.
Failure to comply with any foregoing requirement constitutes sufficient ground for dismissal of the petition.
The Secretary may dismiss outright if the petition is patently without merit, manifestly intended for delay, or if the issues raised are too unsubstantial to require consideration.
If an information has been filed and the accused had already been arraigned when the appeal was taken, the petition shall not be given due course. However, any arraignment made after filing of the petition shall not bar the Secretary of Justice from exercising review power.
Unless the Secretary directs otherwise, the appeal does not hold the filing of the corresponding information in court based on the finding of probable cause in the appealed resolution. The appellant and trial prosecutor must ensure court proceedings are held in abeyance pending resolution.
The adverse party may file a verified comment within a non-extendible period of fifteen (15) days from receipt of a copy of the petition.
If no comment is filed within the prescribed period, the appeal shall be resolved based on the petition.
Even if the appeal has been perfected, the petitioner may withdraw the appeal at any time before it is finally resolved; in that case, the appealed resolution stands as though no appeal had been taken.
Grounds include: (a) filed beyond the prescribed period; (b) non-compliance with procedure or requirements; (c) no showing of reversible error; (d) interlocutory nature (except when it suspends proceedings based on prejudicial question); (e) accused already arraigned when the appeal was taken; (f) offense already prescribed; and (g) other legal or factual grounds warranting dismissal.