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How to Appeal Decisions of Prosecutor

http://ls.pnp.gov.ph/index.php?option=com_content&view=article&id=26:how-to-appeal-decisions-of-prosecutor[9/17/2014 11:32:18 PM]


While looking for references in the library, I came across a criminal
investigation Manual revised 2010 published by Directorate for Investigation and
Detective Management (DIDM). The book laid down the procedures that
Investigators need in performing their duty. Although the last part of the Manual
has a form for notice of appeal, the appeal is premised on the outcome of the
trial.

Absent in the manual is the discussion on how to appeal an adverse
Resolution of the Public Prosecutor be it regular preliminary investigation,
reinvestigation or those arising from an inquest proceeding found in DOJ
Department Circular No. 70 (2000 NPS Rule on Appeal) which I believe should
have been incorporated in the Manual.

There is no much problem in appealing Resolutions during Preliminary
Investigations or Reinvestigation. The appeal procedure provides that:
1. The verified Petition for Review shall be brought to the Secretary of
Justice within 15 days after receipt of the Resolution or within the same period
after receipt of the denial of the Motion for Reconsideration if one has been filed.
2. The investigating/reviewing/approving prosecutor shall not be
impleaded as party respondent in the petition. The PNP unit taking the
appeal shall be referred to in the petition as "Complainant-Appellant".
3. The petition shall contain or state: (a) the names and addresses of the
parties; (b) the Investigation Slip number (I.S. No.) and criminal case
number, if any, and title of the case, including the offense charged in the
complaint; (c) the venue of the preliminary investigation; (d) the specific
material dates showing that it was filed on time; (e) a clear and concise
statement of the facts, the assignment of errors, and the reasons or
arguments relied upon for the allowance of the appeal; and (f) proof of
service of a copy of the petition to the adverse party and the Prosecution
Office concerned.
4. The petition shall be accompanied by legible duplicate original or
certified true copy of the resolution appealed from together with legible
true copies of the complaint, affidavits/sworn statements and other
evidence submitted by the parties during the preliminary
investigation/reinvestigation.
5. Failure to comply with the above requirements shall constitute sufficient
ground for the dismissal of the petition.

Below is a suggested format;

Republic of the Philippines
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
Office of the Secretary
Padre Faura St., Ermita, Manila

________________,
Complainant-Appellant,

- versus -
For: ______________

________________,
Respondent-Appellee.
How to Appeal Decisions of Prosecutor
http://ls.pnp.gov.ph/index.php?option=com_content&view=article&id=26:how-to-appeal-decisions-of-prosecutor[9/17/2014 11:32:18 PM]
x - - - - - - - - - - - - - - - - - - - - - - - - -x

PETITION FOR REVIEW

COMES NOW, the undersigned petitioner, unto this Honorable Office
respectfully avers:

1. That on _________ the undersigned Chief of Police of ____(state the
unit and postal address)_______ upon complaint of the private offended party
filed a case against _____(state the name and postal address of the respondent)_
for ___(designation of offense)__ docketed under IS No.____ before the Office of
Honorable _________ located in ______ where the preliminary investigation took
place;

2. That for the information of the Honorable Secretary this case started
___(give the concise facts of the case)

3. That on _____(date)___ the undersigned received the Resolution of the
Honorable Prosecutor copy of which is attached as Annex A disposing the case
as follows:

Note: Copy the dispositive portion of the resolution.

4. That the undersigned ______(pls give ur analysis how the Prosecutor
disposed the case) ___.

5. That with due respect to the Honorable Prosecutor, the undersigned
believed that he committed error on the following:

Note: Cite now the matters that adversely affect your case
specifically pinpointing the law that supports your position

6. Attached as integral part of this petition are the following:

a) Proof of service of this Petition to the Honorable Prosecutor (Annex B)
b) Proof of service of this Petition to the Appealee
c) Other Records of the Case

WHEREFORE, the undersigned respectfully prays for the setting
aside of the appealed resolution of Prosecutor __________ dated _____and that the
honorable prosecutor be directed to file information (blah blah cite now the relief
that you want if you have any)_____

Other reliefs just and equitable are likewise prayed for.

____Place________. ____Date_____.

______________________
Chief of Police

VERIFICATION


JURAT

Copy furnished:
- Prosecutor
How to Appeal Decisions of Prosecutor
http://ls.pnp.gov.ph/index.php?option=com_content&view=article&id=26:how-to-appeal-decisions-of-prosecutor[9/17/2014 11:32:18 PM]
- Respondent

The more bloody discussion is on appeal of Resolutions arising from
Inquest Proceedings. During inquest, the prosecutor may recommend for the
release of the respondent. However his recommendation is subject to approval
by the head prosecutor who, in the natural course of events, acts on the
recommendation only after the lapse of 3 days. Pending approval of the
recommendation, does the respondent be released by the PNP so as to avoid
arbitrary detention charges? The answer is NO. The officer having custody of the
detainee must wait for the Order of Release served upon him.
Although we have a principle in law that interpretations of the law must
tend to benefit the person in custody, in the case of LADLAD VS VELASCO et al
(GR No. 172070-72 promulgated June 1, 2007), Section 9 of DOJ Circular No.
61 (new Rules on Inquest) in relation to section 7 of Rule 112 (Preliminary
Investigation) was discussed and the Supreme Court seems to suggest that the
PNP should not release the respondent pending approval of the recommendation
by the Head Prosecutor. If the recommendation to release the respondent is
approved because the arrest is not in accordance with the rules of warrantless
arrest but the case itself is meritorious, the Order of Release shall be served on
the officer having custody of the detainee; and, the Order to submit counter-
affidavit will be served to the respondent so that the regular preliminary
investigation will proceed. The Resolution in the regular preliminary investigation
will be the subject of petition for review and not the resolution in Inquest
Proceeding pursuant to the case of LEVISTE vs ALAMEDA GR No. 182677
promulgated Aug. 3, 2010.
If the Prosecutor dismisses the case subject of inquest, the course of
action is not to appeal but to file again the case curing the defect of the
complaint.
Hope, this write-up helps our frontliners.