QuestionsQuestions (KK DEPARTMENT ORDER NO. 223)
Only resolutions of the Chief of State Prosecutor/Regional State Prosecutor/Provincial or City Prosecutor dismissing a criminal complaint may be appealed to the Secretary of Justice, except as otherwise provided in Section 4.
When the penalty prescribed for the offense charged does not exceed prision correccional (regardless of the imposable fine). Such appeals are resolved with finality by the Regional State Prosecutor.
It is counted from receipt of the questioned resolution by the party or his counsel. It is interrupted only by filing a motion for reconsideration within 10 days from receipt; the period continues to run from receipt of the resolution denying the motion.
A motion for reconsideration must be filed within 10 days from receipt of the resolution. The rules state the appeal time becomes interruptible only by such timely motion; the appeal periods and motion periods are treated as non-extendible as provided.
The appeal must be verified and must include: (a) dates of receipt of resolution, filing of MR if any, and receipt of MR resolution; (b) names/addresses of parties; (c) investigation slip number and/or criminal case number and case title; (d) venue of preliminary investigation; (e) clear and concise statement of facts, assignment of errors, and legal basis; (f) if finding of probable cause, allegation that appellant filed in court a motion to defer further proceedings; and (g) proof of service to adverse party/counsel and prosecutor with registry receipts/affidavit of mailing.
Copies of material and pertinent affidavits/sworn statements and evidence submitted in the preliminary investigation, and copies of the resolution appealed from.
The appellant must state that he has filed in court a motion to defer further proceedings.
The prosecutor shall inform the Department of the action of the court on the motion to defer further proceedings.
Within a non-extendible period of 15 days from receipt of copy of the appeal, the appellee must file a verified answer with proof of service to appellant. If no answer is filed, the case is resolved based on the appeal.
Yes. Notwithstanding perfection, the appellant may withdraw at any time before the appeal is finally resolved. The appealed resolution stands as though no appeal has been taken.
After appeal has been perfected and before resolution, the appellant may file a motion for reinvestigation on the ground that new and material evidence has been discovered, which could not with reasonable diligence have been discovered during the preliminary investigation and would probably change the resolution.
It takes place in the Office of the Prosecutor from which the appeal was taken.
No appeal may be taken from resolutions finding probable cause except upon showing of manifest error or grave abuse of discretion. Even then, no appeal is entertained if the appellant had already been arraigned; if arraigned during pendency of the appeal, the Secretary of Justice dismisses motu proprio.
No. Section 4 states that an appeal/motion for reinvestigation from a resolution finding probable cause shall not hold the filing of the information in court.
The Secretary may dismiss outright if: (a) offense has prescribed; (b) no showing of any reversible error; (c) procedure/requirements in the rules were not complied with; (d) the appealed resolution is interlocutory (except when it suspends proceedings based on a prejudicial question); or (e) other legal or factual grounds warrant dismissal.
He may reverse, affirm, or modify the appealed resolution; and may dismiss outright on the listed grounds.
The aggrieved party may file a motion for reconsideration within a non-extendible 10-day period from receipt of the resolution on the appeal, with copies furnished to adverse party/counsel and the Prosecutor. No second motion for reconsideration shall be entertained.
It takes effect on August 1, 1993 after publication in a newspaper of general circulation.