DOJ issues new rule on appeal procedure
Justice Secretary Jesus Crispin Remulla. (FILE) Screengrab from House of Representatives Youtube livestream
MANILA, Philippines — The Department of Justice (DOJ) has issued a new rule that streamlines and rationalizes the appeal procedure.
Under Department Circular 027, resolutions of the provincial/city prosecutors in cases cognizable by the Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit Trial Court shall be reviewed on appeal by the regional prosecutors and, in the case of the National Capital Region, by the Prosecutor General.
The buck stops at the regional prosecutor and the prosecutor general.
“Cases decided on appeal by the Prosecutor General and by the Regional State Prosecutors under this provision shall be considered final and no longer appealable to the Office of the Secretary of Justice,” read the circular signed by Justice Secretary Jesus Crispin “Boying” Remulla.
Still, the Justice Secretary can step in on his initiative or, upon filing a complaint, evaluate a decision by the prosecutor general or regional prosecutors “in the interest of justice, to afford fair play and prevent the miscarriage of justice.”
Also stated under the same circular is the creation of the Prosecution Integrity Board “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.”
Lawyer Mico Clavano, from the Office of the Secretary, said, “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.”
The 60-day suspension of arraignment Clavano was referring to is stated under the Revised Rules of Criminal Procedure, which allows the suspension of the arraignment if there is a pending petition for review before the DOJ. The period of suspension shall not exceed 60 days counted from the filing of the petition with the reviewing office.
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