Law Summary

Overview

This memorandum circular reiterates and clarifies the guidelines established in Memorandum Circular No. 1266 (November 4, 1983) regarding the review process by the Office of the President for resolutions issued by the Secretary of Justice on preliminary investigations of criminal cases.

Scope of Review

• Legal Principle: The Office of the President will not entertain appeals or petitions for review of decisions made by the Secretary of Justice, with specific exceptions for serious offenses.

• Key Definitions:

  • Preliminary Investigations: Initial inquiries into criminal cases to determine if sufficient grounds exist for filing charges.
  • Reclusion Perpetua to Death: The category of offenses that allows for review if new and material issues arise.

• Important Requirements:

  • Appeals are only permissible for cases involving offenses punishable by reclusion perpetua to death.
  • New and material issues must be presented that were not previously ruled upon.

• Timeframes:

  • The appeal or petition must be filed within 30 days from the notice of the questioned resolution.
  • The prescription of the offense must not lapse within 6 months from the notice.

Dismissal of Non-Compliant Appeals

• Legal Principle: Appeals that do not clearly fall under the Office of the President's jurisdiction will be dismissed outright.

• Important Procedures:

  • No requirement for payment of appeal fees or submission of documents will be mandated unless jurisdictional facts are established.
  • Appellants/petitioners must prove necessary jurisdictional facts to avoid dismissal.

• Penalties:

  • Failure to establish jurisdictional facts will result in outright dismissal of the appeal or petition.

Authority for Signing Orders

• Legal Principle: Only designated officials are authorized to sign orders related to appeal fees and documentation.

• Key Definitions:

  • Authorized Personnel:
    • Executive Secretary
    • Chief Presidential Legal Counsel
    • Assistant Executive Secretary for Legal Affairs

• Important Requirements:

  • These officials are required to sign any orders for payment of appeal fees, submission of appeal briefs/memoranda, or transmittal of records to the Office of the President.

Cross-References

• Related Regulations: The provisions outlined are subject to Memorandum Order No. 73 (January 4, 1993), Memorandum Order No. 128 (May 2, 1993), and Memorandum Order No. 139 (June 24, 1993).

Key Takeaways

• Appeals from the Secretary of Justice's decisions are limited primarily to serious criminal offenses where new evidence arises.
• Appeals that do not establish jurisdiction will be dismissed without further action.
• Only specified officials may handle orders related to appeal processes, ensuring a streamlined procedure for reviews.