Title
Rules on Appeals in National Prosecution Service
Law
Doj Department Circular No. 70
Decision Date
Jul 3, 2000
The 2000 NPS Rule on Appeal is a Philippine law that governs the process of appealing resolutions in cases subject to preliminary investigation/reinvestigation, allowing parties to file a verified petition for review within a specified period and in the prescribed manner, with the Secretary of Justice having the power to dismiss or modify the appealed resolution based on various grounds.

Law Summary

Proper Forum for Appeal

  • Appeals must be brought to the Secretary of Justice
  • Must follow specified period and manner

Timeframe to File Appeal

  • Appeal must be filed within 15 days from receipt of the resolution
  • If motion for reconsideration or reinvestigation is filed within 15 days, appeal period counts from receipt of denial
  • Only one motion for reconsideration allowed

Procedure to File Appeal

  • Aggrieved party files a verified petition for review with the Office of the Secretary, Department of Justice
  • Must furnish copies to adverse party and the Prosecution Office that issued the resolution

Required Contents of the Petition

  • Names and addresses of parties
  • Investigation Slip number, criminal case number, and title of the case including offense charged
  • Venue of preliminary investigation
  • Specific material dates proving timely filing
  • Clear, concise statement of facts, assignment of errors, and grounds for appeal
  • Proof of service of petition copies to adverse party and prosecution office
  • Must include duplicate or certified true copy of appealed resolution and related documents such as complaint, affidavits, evidence
  • If information filed in court, must include motion to defer proceedings
  • Investigating/reviewing prosecutor is not a party respondent
  • Petitioner referred as Complainant-Appellant or Respondent-Appellant

Consequences of Non-Compliance

  • Failure to meet requirements is sufficient ground for dismissal of the petition

Secretary of Justice's Review and Action

  • May dismiss petition outright if patently without merit, intended for delay, or unsubstantial
  • Petition dismissed if accused has been arraigned after filing of information
  • Arraignment after petition filing does not bar Secretary’s review power

Filing and Effect of Comments

  • Adverse party may file verified comment within 15 days from receipt of petition
  • Must prove service of comment to petitioner and prosecution office
  • Prosecutor need not file comment unless directed
  • Appeal decided based on petition if no comment submitted

Effect of Appeal on Proceedings

  • Appeal does not stay filing of corresponding information unless Secretary of Justice directs otherwise
  • Appellant and trial prosecutor must ensure court proceedings are held in abeyance pending resolution

Withdrawal of Appeal

  • Petitioner may withdraw appeal anytime before final resolution
  • If withdrawn, appealed resolution stands as if no appeal was filed

Reinvestigation

  • Secretary of Justice may order reinvestigation if necessary
  • Normally conducted by investigating prosecutor unless compelling reasons for new prosecutor

Disposition of Appeal by Secretary of Justice

  • May reverse, affirm, modify, or dismiss appeal petition
  • Grounds for dismissal include:
    • Late filing of petition
    • Non-compliance with required procedures
    • Absence of reversible error
    • Interlocutory resolution unless suspending proceedings due to prejudicial question
    • Arraignment of accused when appeal was taken
    • Prescription of offense
    • Other valid legal or factual grounds

Motion for Reconsideration on Appeal

  • Allowed within 10 days from receipt of resolution on appeal
  • Must be served on adverse party and prosecution office with proof
  • Only one motion for reconsideration allowed; further motions not entertained

Repealing Clause

  • Supersedes Department Order No. 223 (June 30, 1993) and other inconsistent issuances

Effectivity

  • Published in two newspapers of general circulation
  • Effective September 1, 2000

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