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Republika ng Pilipinas KAGAWARAN NG KATARUNGAN Departtnent of Justice Manila VNAII-DC- 4 in DEPARTMENT CIRCULAR NO. 0 I 0 TO ALL CONCERNED SUBJECT : RULE ON ELECTRONIC FILING OF PETITIONS FOR REVIEW DATE MAR 0 8 2017 In the interest of the service, pursuant to provisions of existing laws, in order to promote the expeditious and efficient administration of justice, and in line with current trends of procedure and advances in technology, the following Rule on Electronic Filing of Petitions for Review is hereby ADOPTED and made an integral part of the 2000 NPS Rule on Appeal' governing appeals from resolutions of prosecutors in the National Prosecution Service. Section 1. Scope. — This Rule shall apply to Petitions for Review filed before the Office of the Secretary and the Offices of Regional Prosecutors, pursuant to Department Circular Nos. 70 and 70-A, s. 2000, as well as comments thereon, other documents filed therefor, and any pleadings or motions thereafter. Section 2. Electronic copies. — (a) All Petitions for Review filed pursuant to Section 1 hereof shall have, in addition to its attachments, a compact disc (CD) containing a PDF file of the Petition for Review and all its attachments. No petition shall be docketed and deemed filed without the accompanying CD. (b) The Petition for Review and each of its attachments shall be individually saved in PDF format, text-based whenever possible. The filename of each shall be the same as the document title, viz: Petition for Review should bear the filename "Petition for Review.pdf" Department Circular No. 70, s. 2000 dated July 3, 2000.

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Page 1: KAGAWARAN NG KATARUNGAN Departtnent of Justice Rule on Electronic... · KAGAWARAN NG KATARUNGAN Departtnent of Justice Manila VNAII-DC- ... original of his or her comment thereon

Republika ng Pilipinas KAGAWARAN NG KATARUNGAN

Departtnent of Justice Manila

VNAII-DC-

4 in DEPARTMENT CIRCULAR NO. 0 I 0

TO ALL CONCERNED

SUBJECT : RULE ON ELECTRONIC FILING OF PETITIONS FOR REVIEW

DATE MAR 0 8 2017

In the interest of the service, pursuant to provisions of existing laws, in order to promote the expeditious and efficient administration of justice, and in line with current trends of procedure and advances in technology, the following Rule on Electronic Filing of Petitions for Review is hereby ADOPTED and made an integral part of the 2000 NPS Rule on Appeal' governing appeals from resolutions of prosecutors in the National Prosecution Service.

Section 1. Scope. — This Rule shall apply to Petitions for Review filed before the Office of the Secretary and the Offices of Regional Prosecutors, pursuant to Department Circular Nos. 70 and 70-A, s. 2000, as well as comments thereon, other documents filed therefor, and any pleadings or motions thereafter.

Section 2. Electronic copies. — (a) All Petitions for Review filed pursuant to Section 1 hereof shall have, in addition to its attachments, a compact disc (CD) containing a PDF file of the Petition for Review and all its attachments. No petition shall be docketed and deemed filed without the accompanying CD.

(b) The Petition for Review and each of its attachments shall be individually saved in PDF format, text-based whenever possible. The filename of each shall be the same as the document title, viz:

Petition for Review should bear the filename "Petition for Review.pdf"

Department Circular No. 70, s. 2000 dated July 3, 2000.

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ii. Annex A — Resolution dated January 10, 2017 should bear the filename "Annex A — Resolution dated January 10, 2017.pdf"

etc.

The CD shall contain only the electronic documents pertaining to the Petition for Review concerned. In the same manner, all electronic copies of the Petition and its attachments shall be saved in one CD only. In case the total size of the PDF files exceeds the capacity of the CD, the excess may be saved in another CD, provided, that the CD be appropriately marked and follows the aforementioned format.

Any discrepancy in the paper-based document and the electronic copy in the CD shall be a ground for dismissal of the petition for review.

In the case of comments, other responsive pleadings and motions, the foregoing shall likewise be required, otherwise, the same shall be deemed not filed.

Section 3. Paper-based filing. — In order to be responsible to the environment and to save on paper, the petitioner shall file only the original of the Petition for Review with its required attachments, and the respondent shall file only the original of his or her comment thereon. No copy of any document, pleading or motion other than the original shall be received.

Petitions for Review and other documents filed in relation thereto shall be deemed to have filed on the time and date of filing the paper-based document. All paper-based documents shall be submitted in a long folder, secured with fasteners, and chronologically paginated from bottom page upwards.

Non-compliance with this provision shall constitute a ground for the dismissal of the petition for review. In the case of comments, other responsive pleadings and motions, the same shall be deemed not filed.

Section 4. Declaration of Completeness. — A verified declaration that the pleadings or motions and its annexes submitted electronically are complete and faithful electronic reproductions of the paper-based documents and annexes shall be attached with the Petition for Review. The declaration shall follow the foregoing format:

I, [name of petitioner], hereby declare that the documents and annexes thereof hereto submitted electronically, in accordance with the RULE ON ELECTRONIC FILING OF Ph III IONS FOR REVIEW, are complete and faithful electronic reproductions thereof filed with the Department of Justice.

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Signature Printed Name Date

SUBSCRIBED AND SWORN TO before me on this day of , 20_, affiant exhibiting his or her competent evidence of identity, to wit:

Person Administering Oath

Doc. No. ; Page No. ; Book No. ; Series of 20

The declaration shall likewise be saved in the CD in PDF format.

Non-compliance with this provision shall constitute a ground for the dismissal of the petition for review. In the case of comments, other responsive pleadings and motions, the same shall be deemed not filed.

Section 5. Dismissal for non-compliance with this Rule.— All requirements abovementioned are MANDATORY and the non-compliance with any provision shall constitute a ground for the dismissal of the petition for review. In the case of comments, other responsive pleadings and motions, the same shall be deemed not filed.

Section 6. Duties of the OSEC Docket Section (ODS). — Upon receipt, the ODS shall indicate on the top right corner of the first page of the document whether the same was personally filed or received through registered mail or private courier (e.g. LBC).

Further, to ensure security, integrity and confidentiality of electronically submitted documents, only the designated personnel in the ODS shall have authority to access and open the files in the CD.

The designated personnel shall attach and upload the electronic documents into the Petition for Review Information System (PRIS) under the catalogue for the appealed case concerned.

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Section 7. Implementation. — The ODS and the Management Information System Division (MISD) shall design the process of filing in accordance with this Rule, as well as update the PRIS in compliance with this Circular.

SECTION 8. Separability Clause.— If any provision of this Circular is declared invalid or unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

Section 9. Repealing Clause. - All provisions of existing issuances that are inconsistent with this Circular are hereby repealed/amended accordingly.

Section 10. Effectivity.— This Circular shall take effect fifteen (15) days after its publication in two (2) newspapers of general circulation.

CC: All concerned

VITALIAN . AGUIRRE II Se rotary

Department of Justice ON : 0201703058

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