QuestionsQuestions (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.
Within thirty (30) days from receipt of the questioned resolution by the party or his counsel.
The 30-day period is interrupted only by filing a motion for reconsideration within ten (10) days from receipt of the resolution, and it continues to run from the time the resolution denying the motion is received by the movant or counsel.
The appeal must be verified and must indicate/contain: (1) date of receipt of the appealed resolution; (2) date of filing of the motion for reconsideration (if any) and date of receipt of the resolution on the motion; (3) names and addresses of the parties; (4) I.S. No. and/or criminal case number and case title; (5) venue of the preliminary investigation; (6) clear and concise statement of facts, assignment of errors, and legal basis; and (7) a legible and authenticated copy of the resolution.
It must show that the adverse party or his counsel and the Prosecutor were furnished with a copy of the appeal either by personal delivery or by registered mail.
No. A resolution finding probable cause is non-appealable, except upon showing of manifest error or grave abuse of discretion.
No appeal shall be entertained where the appellant had already been arraigned.
The appeal shall be dismissed motu propio by the Secretary of Justice.
No. An appeal/motion for reinvestigation from a resolution finding probable cause does not hold the filing of the information in court.
Even if the appeal is perfected, the appellant may withdraw at any time before it is finally resolved; the appealed resolution stands as though no appeal was taken.
At any time after the appeal has been perfected and before the resolution thereof.
That new and material evidence has been discovered which the appellant could not, with reasonable diligence, have discovered during the preliminary investigation and which, if produced and admitted, would probably change the resolution.
It shall take place in the Office of the Prosecutor from which the appeal was taken.
The Secretary may reverse, affirm, or modify the appealed resolution.
Examples include: (a) the offense has prescribed; (b) no showing of reversible error; (c) failure to comply with procedure/requirements; (d) the appealed resolution is interlocutory (except when it suspends proceedings based on a prejudicial question); and (e) other legal or factual grounds warranting dismissal.
Within a non-extendible period of ten (10) days from receipt of the resolution on the appeal.
No. No second motion for reconsideration shall be entertained.