Chapter 3

PROSECUTION: THE SECOND PILLAR OF THE

CRIMINAL JUSTICE SYSTEM

Lesson 8
RULES ON APPEALS FROM RESOLUTION
PRELIMINARY INVESTIGATION/
REINVESTIGATIONS
 What may be Appealed?
Only resolutions of the Chief State Prosecutors/ Regional
State Prosecutor/provincial or City Prosecutor DISMISSING a
criminal complaint
• Regional State Prosecutor shall resolve the appeals with
finality the penalty prescribed for the offense charged does not
exceed prison correctional, regardless of the imposable fine
• Secretary of Justice is not precluded from ordering, in
the interest of justice and pursuant to his residual authority
to supervise the prosecutors of the DOJ, the automatic
review of the resolution of the Regional State Prosecutor in
the cases appealed to them.
 When to Appeal?

1. Within a period of fifteen(15) days from receipt of

the questioned resolution by the party or his counsel.

2. Interrupted by the filing of a motion for

reconsideration within ten (10) days from receipt of
the resolution and shall continue to run from the
time given the resolution denying the motion shall
have been received by movant or counsel
 Non- Appealable Cases, Exceptions
 Resolution of the State Prosecutor/ Regional State
Prosecutor/ City Prosecutor finding probable cause
EXCEPT upon showing of manifests error or grave
abuse of direction.
 Where the appellant had already arraigned.
 If appellant is arrainged during the pendency of the
appeal, the appeal shall be dismissed motu proprio.
• Motu Proprio- Latin word for “on his own impulse”
describes an official act taken without a formal request from
another party.