Question & AnswerQ&A (DOJ DEPARTMENT CIRCULAR NO. 70)
The 2000 NPS Rule on Appeals applies to appeals from resolutions of the Chief State Prosecutor, Regional State Prosecutors, and Provincial/City Prosecutors in cases subject of preliminary investigation or reinvestigation.
An appeal shall be brought to the Secretary of Justice.
The appeal shall be taken within fifteen (15) days from receipt of the resolution or from the denial of a motion for reconsideration/reinvestigation.
An aggrieved party may appeal by filing a verified petition for review with the Office of the Secretary, Department of Justice, and by furnishing copies to the adverse party and the Prosecution Office issuing the appealed resolution.
The petition must state the names and addresses of parties, case numbers, offense charged, venue, specific material dates showing timely filing, clear statement of facts and errors, reasons for appeal, proof of service, and be accompanied by relevant documents like the resolution appealed.
Failure to comply with any of the requirements shall constitute sufficient ground for the dismissal of the petition.
The petition may be dismissed if patently without merit, manifestly intended for delay, issues are unsubstantial, or if an information has been filed and the accused has already been arraigned.
Yes, the adverse party may file a verified comment within a non-extendible period of fifteen (15) days from receipt of the petition.
No, unless the Secretary of Justice directs otherwise, the appeal does not hold the filing of information or court proceedings, but the parties should see to it that proceedings in court are held in abeyance pending resolution.
Yes, the petitioner may withdraw the appeal at any time before it is finally resolved, in which case the appealed resolution stands as if no appeal was taken.
The reinvestigation shall be conducted by the investigating prosecutor, unless another prosecutor is designated for compelling reasons.
The Secretary may affirm, reverse, or modify the appealed resolution, or dismiss the petition for specific grounds such as late filing, non-compliance with procedure, lack of reversible error, or other legal and factual grounds.
Yes, the aggrieved party can file a motion for reconsideration within a non-extendible period of ten (10) days from receipt of the resolution on appeal, but no second motion will be entertained.
It supersedes Department Order No. 223 dated June 30, 1993 and all other inconsistent Department issuances.
It took effect on September 1, 2000, after publication in two newspapers of general circulation.