Rules on Appeals in National Prosecution Service

The Circular adopts the appeal rules in the interest of expeditious and efficient administration of justice.
The Circular is adopted in line with recent jurisprudence governing appeals from prosecutor resolutions.

The Rule applies to appeals from resolutions of the Chief State Prosecutor, Regional State Prosecutors, and Provincial/City Prosecutors.
The appeals covered are those in cases subject of preliminary investigation/reinvestigation.
The Rule governs resolutions of prosecutors within the National Prosecution Service in the preliminary investigation/reinvestigation stage.

An appeal must be brought to the Secretary of Justice.
An appeal must be taken within fifteen (15) days from receipt of the resolution.
The appeal period is counted from the receipt of the denial of the motion for reconsideration/reinvestigation when such motion is filed.
A motion for reconsideration/reinvestigation is limited to one (1) motion only, and it must be filed within fifteen (15) days from receipt of the assailed resolution.

An aggrieved party must file a verified petition for review with the Office of the Secretary, Department of Justice.
The appellant must furnish copies of the petition to:
- the adverse party, and
- the Prosecution Office issuing the appealed resolution.
The rules require the petition to be verified and filed as a petition for review for appellate consideration by the Secretary of Justice.

The petition must state or contain:
- (a) the names and addresses of the parties;
- (b) the Investigation Slip number (I.S. No.), the criminal case number, if any, and the title of the case, including the offense charged in the complaint;
- (c) the venue of the preliminary investigation;
- (d) the specific material dates showing timely filing;
- (e) a clear and concise statement of the facts, the assignment of errors, and the reasons or arguments for allowance of the appeal; and
- (f) proof of service of a copy of the petition to the adverse party and the Prosecution Office concerned.
The petition must be accompanied by:
- legible duplicate original or certified true copy of the resolution appealed from; and
- legible true copies of the complaint, affidavits/sworn statements, and other evidence submitted during the preliminary investigation/reinvestigation.
If an information has been filed in court based on the appealed resolution, the petition must also include a copy of the motion to defer proceedings filed in court.
The investigating/reviewing/approving prosecutor must not be impleaded as a party respondent.
The petition must refer to the appealing party as either “Complainant-Appellant” or “Respondent-Appellant.”

Failure to comply with any of the requirements for the petition constitutes sufficient ground for the dismissal of the petition.

The Secretary of Justice may dismiss the petition outright if it is patently without merit, manifestly intended for delay, or if the issues raised are too unsubstantial to require consideration.
If an information has been filed in court based on the appealed resolution, the petition must not be given due course if the accused had already been arraigned at the time the petition is considered.
An arraignment made after the filing of the petition does not bar the Secretary of Justice from exercising review power.
The Secretary of Justice may reverse, affirm, or modify the appealed resolution.
The Secretary may also dismiss the petition on any of the following grounds:
- (a) the petition was filed beyond the period in Section 3;
- (b) non-compliance with the procedure or requirements under the Rules;
- (c) there is no showing of any reversible error;
- (d) the appealed resolution is interlocutory in nature, except when it suspends proceedings based on the alleged existence of a prejudicial question;
- (e) the accused had already been arraigned when the appeal was taken;
- (f) the offense has already prescribed; or
- (g) other legal or factual grounds warrant dismissal.

The adverse party must file a verified comment within a non-extendible period of fifteen (15) days from receipt of a copy of the petition.
The adverse party’s comment must indicate the date of receipt and must include proof of service of the comment on the petitioner and the Prosecution Office concerned.
The investigating/reviewing/approving prosecutor need not submit any comment unless the Secretary of Justice directs otherwise.
If no comment is filed within the prescribed period, the appeal is resolved based on the petition.
Unless the Secretary of Justice directs otherwise, filing the appeal does not hold the filing of the corresponding information in court based on the finding of probable cause in the appealed resolution.
The appellant and the trial prosecutor must ensure that, pending resolution of the appeal, court proceedings are held in abeyance.

Even after perfection of the appeal, the petitioner may withdraw the appeal at any time before it is finally resolved.
Upon withdrawal, the appealed resolution stands as though no appeal has been taken.

If the Secretary of Justice finds it necessary to reinvestigate the case, the reinvestigation must be conducted by the investigating prosecutor.
For compelling reasons, the Secretary of Justice may designate another prosecutor to conduct the reinvestigation.

An aggrieved party may file a motion for reconsideration within a non-extendible period of ten (10) days from receipt of the resolution on appeal.
The motion for reconsideration must furnish copies to the adverse party and the Prosecution Office concerned and must submit proof of service.
No second or further motion for reconsideration is entertained.

The Circular supersedes Department Order No. 223 dated June 30, 1993 and all other Department issuances inconsistent with these Rules.