Title
Amendment of DOJ Circular No. 7 on Appeal Period
Law
Doj Department Circular No. 29
Decision Date
Jun 28, 1990
The DOJ Department Circular No. 29 amends the appeal process by establishing a 15-day filing period, requiring timely transmission of case records to the Secretary of Justice, and mandating a 60-day resolution timeframe for appeals.
A

Transmission of Records to the Secretary of Justice

  • The Secretary of Justice reviews the completeness and sufficiency of the appeal in form and substance.
  • If sufficient, the Secretary directs the concerned Prosecutor to elevate the complete case records to the Department for review within ten (10) days from notice.
  • Any delay in transmission must be explained and attached to the records.
  • Unreasonable delays in transmission may result in appropriate disciplinary action against the prosecutor.
  • Prosecutors must arrange case records chronologically and consecutively paginate from the complaint.
  • Documents in local dialects other than Filipino must be translated into English and attached to the records.
  • Transcripts of stenographic notes, if available, must be included in the records.

Timeframe for Prosecutorial Review of Appeal

  • The State Prosecutor or Prosecuting Attorney assigned to evaluate the appeal is given sixty (60) days from the date of assignment to resolve the appeal.

Effective Date

  • The circular takes effect fifteen days after publication in a newspaper of general circulation.

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