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- If withdrawn, appealed resolution stands as if no appeal was filed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