DOJ revises rules on appeals of prosecutor rulings

The Office of the Secretary shall no longer review the appeals coming from resolutions of regional state prosecutors and of the Prosecutor General acting as regional state prosecutor in cases cognizable by the metropolitan or municipal trial courts (MTC). (Pexels photo)

MANILA – The Department of Justice (DOJ) will now review appeals on resolutions of the Prosecutor General in cases referred by government agencies and provincial prosecutors in cases cognizable by regional trial courts.

It is among the revised rules on appeals from rulings of prosecutors, “in the interest of speedy, efficient, and effective administration of justice”, the DOJ said on Friday.

In Department Circular No. 027, DOJ Secretary Jesus Crispin Remulla also ordered the creation of a “prosecution integrity board” which is tasked “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”.

“The purpose of the proposed rule is to streamline and rationalize the appeal procedure, which is permissible under our present rules,” lawyer Mico Clavano of the Office of the Secretary told reporters in a text message.

The Office of the Secretary shall no longer review the appeals coming from resolutions of regional state prosecutors and of the Prosecutor General acting as regional state prosecutor in cases cognizable by the metropolitan or municipal trial courts (MTC).

MTC resolutions shall be considered final and no longer appealable before the DOJ “except in the interest of justice, to afford fair play and prevent the miscarriage of justice”.

“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 circular stated.