Question & AnswerQ&A (DOJ DEPARTMENT CIRCULAR NO. 7)
Only resolutions of the Chief State Prosecutor/Provincial or City Prosecutor dismissing a criminal complaint may be appealed to the Secretary of Justice.
The appeal must be filed within thirty (30) days from the receipt of the questioned resolution by the party or his counsel.
The filing of a motion for reconsideration within ten (10) days from receipt of the resolution interrupts the 30-day period to appeal, which then resumes from the time the resolution denying the motion is received.
An appeal must be verified and must indicate the dates of receipt of the appealed resolution, motion for reconsideration filing and resolution on the motion; names and addresses of parties; investigation slip or case number and case title; venue of preliminary investigation; a clear statement of facts, assignment of errors, legal basis for the appeal; and a legible authenticated copy of the resolution.
No, resolutions finding probable cause are generally not appealable except upon a showing of manifest error or grave abuse of discretion, and not if the appellant has been arraigned.
The appeal shall be dismissed motu proprio by the Secretary of Justice if the appellant is arraigned during the pendency of the appeal.
The Prosecutor must transmit to the Department of Justice within five (5) days the complete records of the case with comments, arranged chronologically from the complaint and paged consecutively.
Yes, the appellant may withdraw the appeal at any time before it is finally resolved, and the appealed resolution will then stand as if no appeal was taken.
A motion for reinvestigation may be filed on the ground that new and material evidence which could not have been discovered with reasonable diligence during the preliminary investigation has been found, which may probably change the resolution.
The Secretary of Justice has the authority to reverse, affirm, modify, or dismiss the appealed resolution based on the merits and grounds of the appeal.
Dismissal grounds include: the offense has prescribed; no showing of reversible error; non-compliance with procedural requirements; the appealed resolution is interlocutory except for prejudicial questions; or other valid legal or factual grounds.
No, only one motion for reconsideration is allowed, and it must be filed within a non-extendible period of ten (10) days from receipt of the resolution on the appeal.
These Rules took effect immediately upon their adoption on January 25, 1990.