The Department of Justice has adopted the revised rules governing appeals from resolutions issued by city or provincial prosecutors and by the prosecutor general “in the interest of speedy, efficient, and effective administration of justice.”
A Department Circular issued last July 13 by Justice Secretary Jesus Crispin Remulla stated that the Office of the Secretary of Justice “shall review appeals from resolutions of the Prosecutor General in cases subject to its preliminary investigation as referred to it by various government agencies, and from resolutions of the Provincial/City Prosecutors in cases cognizable by the Regional Trial Court.”
“Resolutions of the Provincial/City Prosecutors in cases cognizable by the Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial Court, and Municipal Trial Court in Cities shall be reviewed on appeal by the Prosecutor General in his/her capacity as the Regional State Prosecutor in the National Capital Region and by the Regional State Prosecutors with respect to their respective regions,” the circular stated.
“Cases decided on appeal by the Prosecutor General and by the Regional State Prosecutors under this provision shall be considered final and no longer be appealable to the Office of the Secretary of Justice,” it added.
Nonetheless, Remulla stressed that his office “reserves the right to evaluate, in the interest of justice, to afford fair play and prevent the miscarriage of justice, motu proprio (on one’s initiative) or upon written and signed complaint, any resolution of the Prosecutor General, Regional State Prosecutors and Provincial/City Prosecutors.”
“This residual power of review shall conform with the constitutional requirements of due process and will be covered by a relevant department circular to be issued by the Office of the Secretary of Justice,” the Justice Secretary said.
The circular will take effect 15 days after publication in two newspapers of general circulation and after copies have been furnished the Office of National Administrative Registrar (ONAR), UP Law Center, University of the Philippines in Diliman, Quezon City.
The new rules modified Department Circular No. 70 issued on July 2, 2000 and Department Circular No. 70-A issued on July 10, 2000.
Likewise, Remulla’s July 13, 2022 circular mandated the creation of the Prosecution Integrity Board (PIB) “to monitor, audit from time to time, and assess the performance of the Prosecutor General, Regional State Prosecutors and Provincial/City Prosecutors in the conduct of the preliminary investigation and/or appeal.”
Another circular will be issued to implement the PIB, the DOJ said.
Lawyer Jose Dominic Clavano of the DOJ’s OSEC said the new rules on appeal are meant “to streamline and rationalize the appeal procedure, which is permissible under our present rules.”
“The issuance of the Rules is the first step which will take to put sense and order to the appeals process and give life to the 60-day period provided in the current rules. This, in turn, will give meaning to the 60- day suspension of arraignment,” Clavano emphasized.