July 3, 2000 DEPARTMENT CIRCULAR NO.

70 SUBJECT : 2000 NPS RULE ON APPEAL In the interest of expeditious and efficient administration of justice and in line with recent jurisprudence, the following Rule governing appeals from resolutions of prosecutors in the National rosecution !ervice, to "e #nown as the 2000 N ! Rule on $ppeal, is here"y adopted% !&'(I)N *% !cope% + (his Rule shall apply to appeals from resolutions of the 'hief !tate rosecutor, Regional !tate rosecutors and rovincial,'ity rosecutors in cases su"ject of preliminary investigation, reinvestigation% !&'(I)N 2% -here to appeal% $n appeal may "e "rought to the !ecretary of Justice within the period and in the manner herein provided% !&'(I)N 3% eriod to appeal% (he appeal shall "e ta#en within fifteen .*/0 days from receipt of the resolution, or of the denial of the motion for reconsideration,reinvestigation if one has "een filed within fifteen .*/0 days from receipt of the assailed resolution% )nly one motion for reconsideration shall "e allowed% !&'(I)N 1% 2ow appeal ta#en% $n aggrieved party may appeal "y filing a verified petition for review with the )ffice of the !ecretary, 3epartment of Justice, and "y furnishing copies thereof to the adverse party and the rosecution )ffice issuing the appealed resolution% !&'(I)N /% 'ontents of petition% + (he petition shall contain or state4 .a0 the names and addresses of the parties5 ."0 the Investigation !lip num"er .I%!% No%0 and criminal case num"er, if any, and title of the case, including the offense charged in the complaint5 .c0 the venue of the preliminary investigation5 .d0 the specific material dates showing that it was filed on time5 .e0 a clear and concise statement of the facts, the assignment of errors, and the reasons or arguments relied upon for the allowance of the appeal5 and .f0 proof of service of a copy of the petition to the adverse party and the rosecution )ffice concerned% (he petition shall "e accompanied "y legi"le duplicate original or certified true copy of the resolution appealed from together with legi"le true copies of the complaint, affidavits,sworn statements and other evidence su"mitted "y the parties during the preliminary investigation, reinvestigation% If an information has "een filed in court pursuant to the appealed resolution, a copy of the motion to defer proceedings filed in court must also accompany the petition% (he investigating,reviewing,approving prosecutor shall not "e impleaded as party respondent in the petition% (he party ta#ing the appeal shall "e referred to in the petition as either 6'omplainant+$ppellant6 or 6Respondent+ $ppellant6% !&'(I)N 7% &ffect of failure to comply with re8uirements% (he failure of the petitioner to comply with any of the foregoing re8uirements shall constitute sufficient ground for the dismissal of the petition% !&'(I)N 9% $ction on the petition% (he !ecretary of Justice may dismiss the petition outright if he finds the same to "e patently without merit or manifestly intended for delay, or when the issues raised therein are too unsu"stantial to re8uire consideration% If an information has "een filed in court pursuant to the appealed resolution, the petition shall not "e given due course if the accused had already "een arraigned% $ny arraignment made after the filing of

the petition shall not "ar the !ecretary of Justice from exercising his power of review% !&'(I)N :% 'omment% -ithin a non+extendi"le period of fifteen .*/0 days from receipt of a copy of the petition, the adverse party may file a verified comment, indicating therein the date of such receipt and su"mitting proof of service of his comment to the petitioner and the rosecution )ffice concerned% &xcept when directed "y the !ecretary of Justice, the investigating,reviewing,approving prosecutor need not su"mit any comment% If no comment is filed within the prescri"ed period, the appeal shall "e resolved on the "asis of the petition% !&'(I)N ;% &ffect of the appeal% <nless the !ecretary of Justice directs otherwise, the appeal shall not hold the filing of the corresponding information in court on the "asis of the finding of pro"a"le cause in the appealed resolution% (he appellant and the trial prosecutor shall see to it that, pending resolution of the appeal, the proceedings in court are held in a"eyance% !&'(I)N *0% -ithdrawal of appeal% Notwithstanding the perfection of the appeal, the petitioner may withdraw the same at any time "efore it is finally resolved, in which case the appealed resolution shall stand as though no appeal has "een ta#en% !&'(I)N **% Reinvestigation% If the !ecretary of Justice finds it necessary to reinvestigate the case, the reinvestigation shall "e held "y the investigating prosecutor, unless, for compelling reasons, another prosecutor is designated to conduct the same% !&'(I)N *2% 3isposition of the appeal% (he !ecretary may reverse, affirm or modify the appealed resolution% 2e may, motu proprio or upon motion, dismiss the petition for review on any of the following grounds4

(hat the petition was filed "eyond the period prescri"ed in !ection 3 hereof5 (hat the procedure or any of the re8uirements herein provided has not "een complied with5 (hat there is no showing of any reversi"le error5 (hat the appealed resolution is interlocutory in nature, except when it suspends the proceedings "ased on the alleged existence of a prejudicial 8uestion5 (hat the accused had already "een arraigned when the appeal was ta#en5 (hat the offense has already prescri"ed5 and (hat other legal or factual grounds exist to warrant a dismissal%

!&'(I)N *3% =otion for reconsideration% (he aggrieved party may file a motion for reconsideration within a non+extendi"le period of ten .*00 days from receipt of the resolution on appeal, furnishing the adverse party and the rosecution )ffice concerned with copies thereof and su"mitting proof of such service% No second or further motion for reconsideration shall "e entertained% !&'(I)N *1% Repealing clause% (his 'ircular supersedes 3epartment )rder No% 223 dated June 30, *;;3 and all other 3epartment issuances inconsistent herewith% !&'(I)N */% &ffectivity% (his 'ircular shall "e pu"lished once in two .20 newspapers of general circulation, after which it shall ta#e effect on !eptem"er *, 2000% (signed)ARTEMIO G. TUQUERO !ecretary of Justice