Prohibition on possession of deadly arrows

A party may appeal only a resolution dismissing a criminal complaint issued by the Chief State Prosecutor/Provincial or City Prosecutor (Section 1).
A resolution finding probable cause is generally not appealable except under limited circumstances and subject to specific rules on arraignment and the filing of information (Section 4).

An appeal must be filed within thirty (30) days from receipt of the questioned resolution by the party or his counsel (Section 2).
The appeal period is interrupted only by filing a motion for reconsideration within ten (10) days from receipt of the resolution (Section 2).
After denial of the motion for reconsideration, the period continues to run from the time the resolution denying the motion is received by the movant or his counsel (Section 2).

An appeal must be verified (Section 3).
The appeal must indicate and contain:
- (a) the date of receipt of the appealed resolution; the date of filing of the motion for reconsideration (if any); and the date of receipt of the resolution on the motion for reconsideration (Section 3).
- (b) the names and addresses of the parties (Section 3).
- (c) the investigation slip number (I.S. No.) and/or criminal case number and the title of the case (Section 3).
- (d) the venue of the preliminary investigation (Section 3).
- (e) a clear and concise statement of the facts, the assignment of errors, and the legal basis upon which the appeal is taken (Section 3).
- (f) a legible and authenticated copy of the resolution (Section 3).
The appeal must show that the adverse party or his counsel and the Prosecutor were furnished with a copy of the appeal either by personal delivery or by registered mail (Section 3).

No appeal may be taken from a resolution finding probable cause, except upon showing of manifest error or grave abuse of discretion (Section 4).
Even with a showing of manifest error or grave abuse of discretion, no appeal is entertained where the appellant had already been arraigned (Section 4).
If the appellant is arraigned during the pendency of the appeal, the Secretary of Justice must dismiss the appeal motu propio (Section 4).
An appeal or motion for reinvestigation from a resolution finding probable cause does not hold the filing of the information in court (Section 4).

If the Secretary of Justice finds the appeal sufficient in form and substance, he shall direct the Prosecutor concerned to transmit to the Department of Justice within five (5) days from receipt of the appeal (Section 5).
The transmitted records must include the complete records of the case together with the Prosecutor’s comment, if any (Section 5).
The records must be chronologically arranged starting from the complaint and paged consecutively; the transmittal must contain the correct number of pages (Section 5).
Documents in local dialects other than Filipino must be translated in English and attached to the records, together with the transcript of stenographic notes, if any (Section 5).

Despite the perfection of the appeal, the appellant may withdraw it at any time before it is finally resolved (Section 6).
Upon withdrawal, the appealed resolution stands as though no appeal has been taken (Section 6).

After the appeal has been perfected and before it is finally resolved, the appellant may file a motion for reinvestigation (Section 7).
The motion must be based on newly discovered new and material evidence which the appellant could not, with reasonable diligence, have discovered during the preliminary investigation (Section 7).
The evidence must be such that, if produced and admitted, it would probably change the resolution (Section 7).

When reinvestigation is granted, it must take place in the Office of the Prosecutor from which the appeal was taken (Section 8).

The Secretary of Justice may reverse, affirm, or modify the appealed resolution (Section 9).
The Secretary may dismiss outright the appeal motu propio or on motion of the appellee on any of the following grounds (Section 9):
- (a) the offense has prescribed (Section 9).
- (b) there is no showing of any reversible error (Section 9).
- (c) the procedure or requirements prescribed in these rules have not been complied with (Section 9).
- (d) the appealed resolution is interlocutory in nature, except when it suspends proceedings based on the alleged existence of a prejudicial question (Section 9).
- (e) other legal or factual grounds exist to warrant dismissal (Section 9).

The aggrieved party may file a motion for reconsideration of the Secretary’s appeal resolution within a non-extendible period of ten (10) days from receipt of the resolution (Section 10).
The motion must be supported by furnishing copies to the adverse party or his counsel and the Prosecutor (Section 10).
No second motion for reconsideration is entertained (Section 10).

Ministry Circular No. 36 (dated 1 July 1980), as amended by Ministry Circular No. 8 (dated 3 April 1986), Department Circular No. 17 (dated 19 November 1987), and other circulars, and Department Circular No. 17 (dated 26 May 1989) and other related circulars and issuances of the Secretary of Justice are repealed (Section 11).
These Rules take effect immediately (Section 12).
Adopted: January 25, 1990; signed by Franklin M. Drilon, Secretary of Justice (Adopted: 25 Jan. 1990).