Timeframe for Filing an Appeal
- An appeal must be filed within 30 days from receipt of the resolution by the party or their counsel.
- The appeal period is interrupted by a motion for reconsideration filed within 10 days and resumes after the resolution denying such motion is received.
Requirements for the Appeal
- The appeal must be verified and include:
- The dates of receipt of the appealed resolution and any motion for reconsideration, and receipt of the latter's resolution.
- Names and addresses of the parties involved.
- Investigation slip number and/or criminal case number and case title.
- Venue of the preliminary investigation.
- A clear, concise statement of facts, errors assigned, and legal basis of the appeal.
- Legible, authenticated copy of the resolution.
- The adverse party and the prosecutor must be furnished a copy by personal delivery or registered mail.
Non-Appealable Cases and Exceptions
- Resolutions finding probable cause are generally not appealable except upon showing of manifest error or grave abuse of discretion.
- No appeal if the appellant has been arraigned.
- Appeals are dismissed if the appellant is arraigned during pendency.
- Appeals or motions for reinvestigation do not stay the filing of information in court.
Transmission of Case Records
- If the appeal is sufficient in form and substance, the Secretary of Justice directs the prosecutor to transmit complete, chronologically arranged and paged records within five days.
- Documents in local dialects must be translated into English.
- Transcript of stenographic notes, if any, must be attached.
Withdrawal of Appeal
- The appellant may withdraw the appeal anytime before final resolution.
- Withdrawal causes the appealed resolution to stand as if no appeal was filed.
Motion for Reinvestigation
- Can be filed anytime after appeal perfection and before resolution.
- Grounds: discovery of new, material evidence not previously obtainable with reasonable diligence that could alter the resolution.
Procedure when Reinvestigation is Granted
- Reinvestigation occurs in the Office of the Prosecutor from which the appeal originated.
Disposition of Appeal
- The Secretary of Justice may affirm, reverse, or modify the resolution.
- May dismiss the appeal outright motu proprio or on appellee's motion for reasons including:
- Prescription of the offense.
- No reversible error shown.
- Non-compliance with procedural requirements.
- Appeal relates to interlocutory resolutions, except suspensions due to prejudicial questions.
- Other legal or factual grounds.
Motion for Reconsideration after Appeal Resolution
- Aggrieved party has 10 non-extendible days to file a motion for reconsideration.
- Copies must be furnished to adverse party and prosecutor.
- No second motion for reconsideration allowed.
Repealing Clause
- Repeals previous related circulars and issuances regarding appeals from preliminary investigation resolutions.
Effectivity
- The rules take effect immediately as of January 25, 1990.