Question & AnswerQ&A (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. Appeals from resolutions where the penalty does not exceed prision correccional are made to the Regional State Prosecutors.
Such appeals should be made to the Regional State Prosecutors, who shall resolve the appeals with finality.
The appeal must be filed within fifteen (15) days from receipt of the questioned resolution by the party or his counsel.
The appeal period is interrupted by the filing of a motion for reconsideration within ten (10) days from receipt of the resolution and resumes from the time the resolution denying the motion is received by the moving party.
The appeal must be verified and contain the date of receipt of the appealed resolution, filing dates of any motion for reconsideration, names and addresses of parties, investigation or case number, venue, a clear concise statement of facts and legal basis, proof of service of appeal copies, and in probable cause cases, proof of filing a motion to defer proceedings. Copies of relevant affidavits and evidence must also be annexed.
No appeal may be taken from a resolution finding probable cause except upon showing of manifest error or grave abuse of discretion, and no appeal is entertained once the appellant has been arraigned.
The appeal shall be dismissed motu proprio by the Secretary of Justice.
The appeal or motion for reinvestigation from a resolution finding probable cause shall not hold or delay the filing of the information in court.
The appellee must file a verified answer within a non-extendible period of fifteen (15) days from receipt of the appeal copy.
The Secretary of Justice may dismiss the appeal if the offense has prescribed, no reversible error is shown, procedural requirements are unmet, the resolution is interlocutory except when suspending proceedings due to a prejudicial question, or other legal or factual grounds warrant dismissal.
Yes, the appellant may withdraw the appeal any time before final resolution, in which case the appealed resolution shall stand as if no appeal was taken.
A motion for reinvestigation may be filed after an appeal has been perfected and before resolution if new and material evidence that could change the resolution has been discovered, which could not have been reasonably discovered during the preliminary investigation.
Reinvestigation shall take place in the Office of the Prosecutor from which the appeal was taken.
The rules took effect on August 1, 1993, after publication in a newspaper of general circulation.
Only one motion for reconsideration is allowed, which must be filed within ten (10) days from receipt of the resolution, and must be served on the adverse party and prosecutor. No second motion for reconsideration is entertained.