KAGAWARAN NG KATARUNGAN Manila...Trial, several City Prosecutors in the National Capital Region have requested to be exempted from their duties under the D.C. Nos. 003 and 019, in

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KAGAWARAN NG KATARUNGAN

Department of JusticeManila

VNA-DC-

DEPARTMENT CIRCULAR NOJ

TO All Undersecretaries

All Assistant Secretaries

The Prosecutor General

All State Prosecutors

The OSEC Docket Section

All Concerned

SUBJECT

DATE

REVISED DELEGATION OF AUTHORITY AND

DISPOSITION OF PETITIONS FOR REVIEW AND CASES

UNDER AUTOMATIC REVIEW

JAN 1 8 2013

On March 8, 2017, the Department initially tested a process to streamline theresolution of Petitions for Review and Motions for Reconsideration thereof filed before

the Office of the Secretary, as well as Automatic Review of dismissed cases involvingviolations of the Comprehensive Dangerous Drugs Act of 2002, as amended, and anti-smuggling laws.

Based on assessment of the initial implementation of the procedures providedunder Department Circular No. 003, s. 2017, as implemented under DepartmentCircular No. 019, s. 2017, several matters have been identified in the efforts to improvefurther the procedure in the resolution of the aforementioned cases.

Meanwhile, the Supreme Court adopted A.M. No. 15-06-10-SC, dated April 25,2017, approving therewith the Revised Guidelines for Continuous Trial of CriminalCases. The Guidelines took effect on September 1, 2017.

In light of the implementation of the abovementioned Guidelines for ContinuousTrial, several City Prosecutors in the National Capital Region have requested to beexempted from their duties under the D.C. Nos. 003 and 019, in order for theirrespective prosecution offices to focus on the continuous trial of criminal cases theyare handling.

Accordingly, in the interest of the service, pursuant to provisions of existinglaws, in order to address concerns in the implementation of D.C. Nos. 003 and 019,

both series of 2017, to further Improve on the process of resolving Petitions forReview, and to provide over-all revised guidelines in the disposition of the same, D.C.Nos. 003 and 019, s. 2017, are hereby revised, and in lieu thereof, the followinginstructions are made to guide all concerned, viz.

1. COVERAGE

1.1 These Implementing Guidelines (hereinafter referred to as Guidelines)shall cover Petitions for Review and Automatic Review cases filed from

January 1, 2017 onwards, provided, that considering the transitioninvolved, the processing of cases filed from January 1, 2017 toJanuary 31, 2018 shall be given a latitude in following either D.C. Nos003, 019, this Revised Guidelines, or as instructed by the Office of theSecretary. For this purpose. Undersecretaries and Assistant Secretariesshall continue to be authorized to resolve cases already raffled to them,provided that from February 1, 2018, only Undersecretaries shall beauthorized to resolve Petitions for Review pursuant to this Guidelines.

1.1.1 In order to address foiiow-ups of previously filed cases, cases filedprior July 1, 2016 which are subject of a follow-up request or anypertinent motion from party-litigants, shall likewise be covered bythis Circular. The current custodian oip the case records shall submitthe same upon request by the Office of the Secretary AppealsDivision (OSAD).

1.2 Ail pending motions for reconsiderations shall be re-raffied pursuant tothis Guidelines, or as instructed by the Office of the Secretary.

1.3 Pursuant to provisions of existing laws, rules and regulations, ailconcerned are hereby DIRECTED to protect, maintain and preserve theintegrity of case dockets at ail times. As far as practicable, all casedockets shall be kept inside an envelope pending review of the same; Atail times, case dockets shall be stored in a secure location.

1.4 As stated, only the Undersecretaries of the Department are authorizedto review and resolve Petitions for Review and Cases under Automatic

Review. Pursuant to this Circular, these cases shall be equally raffled tothem without distinction of jurisdiction (e.g. First level courts. SecondLevel courts, etc.)

1.5 The foregoing notwithstanding, existing Department Orders and otherassignments made by the Secretary shall remain applicable, insofar asthese are not inconsistent with this Revised Guidelines, unless the sameare revoked.

2. OFFICE OF THE SECRETARY APPEALS DIVISION (OSAD)

2.1 The OSEC Docket Section (ODS) created under D.C. No. 003 and 019 Ishereby re-organized as the Office of the Secretary Appeals Division(OSAD). The OSAD shall take over the functions of the ODS, which ittook from the National Prosecution Service Docket Section related to the

receiving, docketing, transmitting and other support functions for theresolution of Petitions for Review and Motions for

Reconsiderations filed before the Office of the Secretary (OSEC), aswell as cases elevated for Automatic Review of the OSEC. The OSAD

shall be headed by a plantilla personnel of the Department, designatedwith the rank of Division Head.

2.2 The OSAD shall be composed of Receiving Section, DocketingSection (Docket Officers), and Mailing Section, the functions ofwhich shall be as provided hereunder.

3. PETITION FOR REVIEW INFORMATION SYSTEM (PRIS)

3.1 The PRIS currently existing shall be continued in use. The same shall beunder the joint management and responsibility of the OSAD and theManagement Information System Division (MISD).

3.2 Only the Secretary of Justice, Head Executive Assistant, and Head ofOSAD shall have full administrator access to the PRIS.

The MISD shall provide technical assistance to these officials, however,as far as practicable, it shall not have access to the contents of the PRIS.

3.3 Employees assigned with the OSAD, or with duties in line with thefunctions of the OSAD, shall have access to the PRIS, albeit, limited tothe entries they shall make as hereunder provided. Limited access shalibe granted to specific persons failing under this item only upon approvalby the Head Executive Assistant, OSEC.

3.4 Subject to laws on secrecy, privacy, and data protection/security, therespective Heads of OSAD and MISD shall be responsible that no otherperson shall have access to the PRIS outside the foregoing.

4. FILING AND RECEIVING

4.1 The OSAD, through the Receiving Section, shali have the duty to receiveall Petitions for Review assailing resolutions of prosecutors filedbefore the OSEC, Motions for Reconsiderations of the Resolutionstherefrom, cases elevated for Automatic Review of the OSEC, and allpleadings and other documents relating thereto. The OSAD ReceivingSection shall receive the foregoing in compliance with this RevisedGuidelines and D.C. No. 018, s. 2017, otherwise known as the Rule onElectronic Filing of Petitions for Review.

4.2 The document shall be stamped received indicating thereon the date andtime of receipt by the OSAD Receiving Section. The same shall be thedate of its filing. In case the petition was filed through registered mail,the date of mailing shall be its filing date.

In addition to the requirements under Department Circular No. 70, s.2000, otherwise known as the 2000 NPS Rule on Appeal, Petitions forReview, whether filed personally or through registered mail, shall be filedpursuant to D.C. No. 018.

4.3 The OSAD Receiving Section shall receive the Petition for Review andencode its details in the Petition for Review Information System (PRIS).

4.4 The Head, OSAD, or his authorized personnel, shall determine andencode the docket number of the case, following D.C. No. 003, s. 2017,viz.

OSEC-PR-

T. f Computer Generated Sequence (###)

^ Date filed (ddmmyy)See Item 4.2.

Court level

(1, 2 or 3)

Originating Prosecution Office(e.g. MNL for Manila OCP)

4.5 In case of Automatic Review, the same docket number system shall beemployed, except for the use of AR instead of PR.

4.6 Once a PRIS Docket Number has been assigned, the Head, OSAD, shallraffle the cases to all Undersecretaries. The OSAD Docket Officers shall

encode in the PRIS the date of such raffle, its results, and transmittal tothe Undersecretary concerned. The cut-off time for the foregoing shallbe:

4.6.1 For cases filed on or before 12:00 noon, the same shall betransmitted to the Undersecretary within the same day.

4.6.2 For cases filed after 12:00 noon onwards, the same shall betransmitted to the Undersecretary not later than 12:00 noon of thesucceeding work day, provided, that nothing herein shall beconstrued as a prohibition for the Undersecretary to receive the sameearlier.

4.7 The OSAD Receiving Section shall receive/accept all follow-up ofcases, requests for certification of status, requests for certifiedtrue copies, and other similar transactions. The OSAD ReceivingSection shall forward the same to the Head, OSAD. All final actions.

however, shall be acted upon by the Head, OSAD (i.e. Issue certificationsetc.).

For this purpose, the authority of the Head, OSAD, shall be extended toact upon the foregoing request for all Petitions for Review regardless ofits date of filing.

4.8 The OSAD shall forward all pleadings, motions, and other documentsfiled or submitted in relation to a pending case to the Undersecretaryconcerned. Also, related cases shall be forwarded to the said official forconsolidation or any appropriate action.

5. DUTIES OF THE UNDERSECRETARY CONCERNED

5.1 The Undersecretary concerned shall determine whether the Petition forReview raffled to him or her shall be:

5.1.1 Dismissed outright for failure to comply with procedural and otherrequirements of an appeal pursuant to D.C. No. 70, s. 2000 or D.C.No. 018, s. 2017; (see item 6)

5.1.2 Referred to Regional Prosecutors pursuant to D.C. No. 70-A, s. 2000;or, (see item 7)

5.1.3 Given due course (see item 8)

5.2 The Undersecretary concerned shall review and act accordingly on thecases under Automatic Review raffled to him or her. (see item 9)

6. CASES FOR OUTRIGHT DISMISSAL

6.1 The Undersecretary concerned is authorized to resolve for outrightdismissal Petitions for Review on the grounds provided by D.C. No. 70,s. 2000 and D.C. No. 018, s. 2017. As far as practicable, all outrightdismissal shall be promulgated within seven (7) calendar days from theday the same was filed.

6.2 The Resolutions for outright dismissal shall be signed and promulgatedby the Undersecretary concerned. It shall be mailed forthwith to theparties concerned by the OSAD Mailing Section.

6.2.1 Draft resolutions shall follow the prescribed form, in accordance withitem 12, and Annex 'W hereof.

6.2.2 In all cases, the mail matter to be delivered by the Undersecretaryconcerned to the OSAD shall include therein a mailing list, returncards and in sealed envelopes properly addressed to such number ofparties shown in the mailing list.

6.2.3 An original or duplicate original of the resolution shall be given to theHead, ODS, as the official copy of the Department and shall be madepart of the records of the case. The Head, ODS, or his authorizedpersonnel shall attach in this copy all the registry receipts and thesubsequent registry return.

7. CASES FOR REFERRAL TO REGIONAL PROSECUTION OFFICES

7.1 The Undersecretary concerned is authorized to refer to the RegionalProsecutor concerned Petitions for Review filed in the Department whichis under the Regional Office's jurisdiction, pursuant to D.C. No. 70-A, s.2000. As far as practicable, all indorsements shall be transmitted withinseven (7) calendar days from the day the same was filed.

7.2 The Indorsement shall be signed by the Undersecretary concerned. TheOSAD Mailing Section shall transmit to the Regional Prosecution Officeconcerned the case docket, together with other papers submitted andthe case docket of related cases, if any, by personal delivery orregistered mail, whichever is applicable.

7.2.1 In all cases, the mail matter to be delivered by the Undersecretaryconcerned to the OSAD shall include therein a mailing list, returncards and envelopes properly addressed to such number of partiesshown in the mailing list, if applicable.

8. CASES GIVEN DUE COURSE

8.1 The Undersecretary concerned is authorized to resolve Petitions forReview. As far as practicable, if the case is the subject of a motion todefer or suspend arraignment filed in Court, the resolution shall Issuewithin the 60-day period granted by the Court, if any. In all cases, theUndersecretary concerned shall endeavor to promptly resolve thepetition.

8.2 The Resolutions of cases given due course shall be signed andpromulgated by the Undersecretary concerned. It shall be mailedforthwith to the parties concerned by the OSAD Mailing Section.

8.2.1 Draft resolutions shall follow the prescribed form, in accordance withitem 12, and Annex hereof.

8.2.2 In all cases, the mail matter to be delivered by the Undersecretaryconcerned to the OSAD shall include therein a mailing list, returncards and in sealed envelopes properly addressed to such number ofparties shown in the mailing list.

8.2.3 An original or duplicate original of the resolution shall be given to theHead, ODS, as the official copy of the Department and shall be madepart of the records of the case. The Head, ODS, or his authorizedpersonnel shall attach in this copy all the registry receipts and thesubsequent registry return.

9. CASES UNDER AUTOMATIC REVIEW

9.1 The Undersecretary concerned is authorized to resolve cases underAutomatic Review. As far as practicable, the Undersecretary concernedshall promptly act on cases under Automatic Review.

9.2 The Resolutions of cases under Automatic Review shall be signed andpromulgated by the Undersecretary concerned. It shall be mailedforthwith to the parties concerned by the OSAD Mailing Section.

9.2.1 Draft resolutions shall follow the prescribed form, in accordance withitem 12, and Annex "A" hereof.

9.2.2 In all cases, the mail matter to be delivered by the Undersecretaryconcerned to the OSAD shall Include therein a mailing list, returncards and in sealed envelopes properly addressed to such number ofparties shown in the mailing list.

9.2.3 An originai or duplicate original of the resolution shall be given to theHead, ODS, as the official copy of the Department and shall be madepart of the records of the case. The Head, ODS, or his authorizedpersonnel shall attach in this copy all the registry receipts and thesubsequent registry return.

10. PROMULGATION AND MAILING

10.1 The OSAD Docket Section shall encode in the PRIS the date of receiptfrom Undersecretaries concerned of the signed Resolutions.

lO.l.lThe date of signing by the official concerned shall be the date ofpromulgation of the Resolution. The date signed shall be Indicatedby the Undersecretary concerned in the resolution.

10.2 After encoding in the PRIS, the OSAD Mailing Section shall notify theparties concerned of the Promulgation of the Resoiution by sending thephotocopy of the Resolution in sealed envelopes, as prepared by theofficial concerned, through registered mail to the parties' last knownaddress based on records of the case.

10.2.1 The OSAD Docket Section shall thereafter secure the entire case

docket, together with other papers submitted and the case docket of

related cases, If any, with the DOJ Records Section or anystorage/archival facility avaiiable in the Department.

10.2.2 Certified true copies of the promulgated resolution shaii be madeavaiiabie to parties of the case only after the same has beencompletely mailed to all parties, provided, that only the Head, OSAD,or any officer of the Department authorized by the Office of theSecretary of Justice, shall have authority to certify and release thedocument requested.

11. MOTIONS FOR RECONSIDERATION

11.1 The OSAD Receiving Section shali receive and encode ail motions forreconsideration filed assailing resolutions of Petitions for Review.

11.2 The OSAD Receiving Section shall immediately forward the motion forreconsideration to the Head, OSAD.

11.3 The Head, OSAD, shall immediately the motion for reconsideration,together with the complete case records of the subject case, to theUndersecretary who resolved the case.

44t4 After signing and promulgating the resolution, the Office ofUndersecretary concerned shali return the case docket, together withthe signed Resolution to the OSAD Mailing Section for releasing.

11.4.1 Draft resolutions shall follow the prescribed form, in accordance withitem 12, and Annex "A" hereof.

11.4.2 In all cases, the mail matter to be delivered by the Undersecretaryconcerned to the OSAD shail include therein a mailing list, returncards and in sealed envelopes properly addressed to such number ofparties shown in the maiiing iist.

11.4.3 An originai or duplicate originai of the resoiution shall be given to theHead, ODS, as the official copy of the Department and shall be madepart of the records of the case. The Head, ODS, or his authorizedpersonnel shall attach in this copy all the registry receipts and thesubsequent registry return.

11.5 The OSAD Docket and Mailing Sections shaii foilow the same procedurein item 10 in the promuigation and release of the resolution on motionfor reconsideration.

11.6 The resoiution of the Undersecretary concerned as regards the motionfor reconsideration shall be final in accordance with the pertinentCircuiars and the DOJ Ruies on Appeal.

8

12. UNIFORM RULES ON DRAFTING RESOLUTIONS ON

APPEAL/PETITIONS FOR REVIEW

12.1 To ensure uniformity and quality in drafting of resolutions onappeal/petitions for review in the Office of the Secretary of Justice, thefollowing guidelines are imposed:

12.1.1 The style of the font to be used in the body of the resolution shouldbe Tahoma, size 14.

12.1.2 The top margin for the first page shall be 1.0 inch from the DOJ logowhile the top margin for the succeeding pages shall be 1.0 inch.

12.1.3 The left margin for ail pages shall be 1.5 inches while the right andbottom margins shall be 1.0 inch.

12.1.4 In quoting paragraph/s, an indentation of 1.0 inch from both left andright margins shall be followed. There is no need to enclose the samein quotation marks.

12.1.5 Case Title / Caption of the Resolution -

12.1.5.1 Names of parties

The case title / caption of the Resolution shall follow that appears in thePetition for Review, with complete names of ail the complainants and ofail the respondents impieaded on appeal, without impieading therein thename/s of prosecutor/s of the assailed resolution. The use of et ai. shallnot be allowed.

The name/s of the victim/s or injured party/ies and not theirrepresentedve/s shall appear in the caption.

In cases referred to the prosecution by a law enforcement agency wherethere is no identified victim, as in cases of prohibited drugs, thecomplainant shall be the concerned police station or law enforcementoffice involved, followed by the name and designation of the policeofficer representing the office.

The names of the parties shall be in bold and capital letters.

12.1.5.2 Case number/s (NPS Docket No./I.S. No. and Criminal CaseNo., if already filed in Court)

The case number shall be based on what Is Indicated in the resolution

being questioned, provided, that it shall also bear the Petition for Reviewnumber as provided for by Department Circular No. 003, s. 2017.

12.1.5.3 The offense/s charged

For offenses that are punishable under the Revised Penal Code, thecaption shall set forth the designation of the offense and the specificarticle and paragraph of the statute violated.

For offenses punishable under special penal laws, the caption shall setforth the number of the law (e.g. R.A. No.; P.D. No.; E.G. No.; etc.) andthe corresponding title.

Where there is another charge or countercharge in the same case havingone case number or in case of consolidated resolution involving two ormore criminal complaints with two or more docket numbers, the captionshall separately indicate the foregoing information.

12.1.6 The word Promulgated shall be placed below the case number/s andoffense/s charged.

12.1.7The case title / caption shall be separated from the body of theresolution by a two small letter x with broken lines in the middle, viz.

12.1.8 The word RESOLUTION shall be typed in the middle of the page, twospaces from the broken lines, in bold and all caps letters and in thefont style of Tahoma, size 16.

12.1.9 The first paragraph shall start two spaces therefrom.

12.1.10 Contents of the body of the resolution

12.1.10.1 In general, the body of the resolution shall contain:

12.1.10.1.1 A brief summary of the facts of the case (Appellant/sand Appellee/s version of the incident), including anenumeration of all the documentary evidencesubmitted by the parties and the findings of theprosecutor in the assaiied resolution;

12.1.10.1.2 A concise statement of the issues invoived;

in

12.1.10.1.3 A discussion, anaiysis, evaiuation and conclusion by thereviewing prosecutor of the assailed resolution pointingout to excerpts relating to the existence or absence ofthe elements of the crime charged;

12.1.10.1.4 Citation of pertinent applicable laws and jurisprudencethat would support the conclusions reached by thereviewing prosecutor; and,

12.1.10.1.5 Where numerical values are important, the number/sshall be written in words and figures.

12.1.11 For page two and succeeding pages, the header shall appear asfollows:

Resolution Page 2OSEC-PR-

(NPS Docket No./I.S. No. )(Criminal Case No. ), if any

12.1.11.1 The font style and size to be used is "Tahoma, size 10"

12.1.12 The following words, when appearing in the dispositive portion,shall be in bold capital letters, viz.

SO ORDERED DENIED MODIFIED

WHEREFORE AFFIRMED SET ASIDE

IN LIGHT OF THE FOREGOING DISMISSED

12.1.13 The names of the parties who should be furnished with copies ofthe resolution shall be in bold and ail caps and their addresses inupper and lower cases. If the addressee is the counsel on record, anidentification shall be made below his or her name that he or she is

the counsel for that party.

12.1.14 A sample format of a resolution is herein attached as Annex "A".

13. Ail Undersecretaries shall be assisted by such number of State Prosecutors andAssociate Prosecution Attorneys assigned in the OSEC Prosecution Staff asprovided by Annex ''B" hereof, and the assignment of prosecutors to theUndersecretaries shall be subject to review and amendments hereafter.

13.1 For this purpose, the Undersecretary concerned is authorized to develophis or her own system of utilizing the assistance provided by the afore-

11

stated State Prosecutors, including but not limited to the assignment ofcases for review, recommendation and drafting of resolutions. Further,the Undersecretary concerned shall take primary responsibility in thecustody of the case records raffled to and received by his or her office,provided, that State Prosecutors whom he or she has assigned casesshall likewise be responsible in the custody of the case records.

14.The foregoing procedure and delegation of authority notwithstanding, nothingin this Circular shall be construed to deprive the Secretary of Justice of hispower to directly act upon any case, at any time or level of review, at hisdiscretion, when the paramount interest of justice so requires.

15. This Circular shall take effect immediately.

For strict compliance.

VTTALIANO W. AGUIRRE II

Seen itaryCopy furnished: Department of justice

All concerned. cn . omisoius

One inch from logo

T

ANNEXA

D.C. No. , s. 2017

-►ABCDEFGHIJ,Complainant-Appellant/s,

-versus-

I-

I

KLMNOPQRST,Respondent-Appellee/s,

ABCDEFGHU,Complainant-Appellee/s,

-versus-

^KLMNOPQRST,Respondent-Appellant/s.

OSEC-PR-(NPS Docket No. _(Criminal Case No.For:

(NPS Docket No. _(Criminal Case No.For:

Promulgated:

RESOLUTION

59

I

Tahoma, size 16, boid

Xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxxxxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx

xxxxx xxxxx xxxxx.

Xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxxxxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx

xxxxx xxxxx xxxxx.

b

III

1.0 inch

Xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxxxxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx

xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx.1.0 inch

osSpr-°" Header, Tahoma, size 10 Page 2(NPS Docket N0./I.S. No. )(Criminal Case No. ), if any

Xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx

xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx






xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx.






xxxxx xxxxx xxxxx xxxxx xxxxx X)6o(X xxxxx xxxxx xxxxx xxxxx xxxxx
















xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx .

14

Resolution

OSEC-PR-

(NPS Docket NO./I.S. No. )(Criminal Case No. ), if any

Page 3





"8

&

-►WHEREFORE, premises considered, the assailed Resolutions datedJanuary 15, 2016 and April 15, 2016 are hereby MODIFIED. The CityProsecutor of Manila is hereby directed to file an Information in courtsagainst respondent-appellee KLMNOPQRST for and to reportthe action taken within ten (10) days from receipt hereof.

^SO ORDERED.

ftJ«

a

[DATE], Manila, Philippines.

By Authority of the Secretary

Copy furnished:

THE CITY PROSECUTORCity of Manila

UVWXYZCounsel for Complainant-Appellant123 ABC Street, !@# SubdivisionQuezon City 1121

ZYXWVUCounsel for Respondent-Appellee321 CBA Avenue corner 890 StreetManila 1008

[Initial of reviewing prosecutor]

NAME OF OFFICIALUndersecretary

15

Documents

KAGAWARAN NG KATARUNGAN Manila...Trial, several City Prosecutors in the National Capital Region have requested to be exempted from their duties under the D.C. Nos. 003 and 019, in