Timeframe for Filing Appeals
- Appeals must be filed within 15 days from receipt of the resolution.
- Filing a motion for reconsideration within 10 days interrupts the appeal period, which resumes upon receipt of the resolution denying the motion.
Requirements for Appeal Form and Content
- Appeal must be verified and include:
- Dates of receipt of appealed resolution, motion for reconsideration filing, and denial receipt,
- Names and addresses of parties,
- Investigation slip/criminal case number and case title,
- Venue of preliminary investigation,
- Clear statement of facts, errors, and legal basis for appeal,
- If probable cause was found, proof of motion to defer court proceedings,
- Proof of service to adverse party and prosecutor.
- Copies of relevant affidavits and evidence must be annexed.
- Prosecutor must inform DOJ of court action on deferral motion.
Non-Appealable Resolutions and Exceptions
- No appeal from probable cause findings except where manifest error or grave abuse of discretion is shown.
- No appeal allowed if arraignment has occurred; pending appeals are dismissed if arraignment happens.
- Appeals/motions for reinvestigation do not stop information filing.
Answering the Appeal
- Appellee must file a verified answer within 15 days, with proof of service to appellant.
- Lack of answer results in resolution based solely on appeal.
Withdrawal of Appeal
- Appellant may withdraw appeal any time before final resolution, resulting in the original resolution standing.
Motion for Reinvestigation
- Permitted after appeal perfection but before resolution if new material evidence is found, which could change outcome.
Reinvestigation Procedure
- Conducted at the originating Prosecutor's Office.
Disposition of the Appeal
- Secretary of Justice may affirm, reverse, or modify the resolution.
- Appeal may be dismissed outright for:
- Prescription of offense,
- No reversible error,
- Non-compliance with procedural rules,
- Interlocutory nature of resolution (except suspension cases due to prejudicial question),
- Other legal or factual grounds.
Motion for Reconsideration on Appeal Resolution
- Must be filed within 10 days from receipt of the appeal resolution.
- No second motion for reconsideration allowed.
Repeal of Prior Circular
- Supersedes Department Circular No. 7 dated January 25, 1990.
Effectivity
- Effective August 1, 1993, upon publication in a newspaper of general circulation.