Appealing dismissals of criminal complaints

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Persida Acosta

Persida Acosta

Dear PAO,
My Motion for Reconsideration against a resolution of the fiscal dismissing my complaint for grave coercion was denied. Is there anything I can do to appeal the resolution?               

Oliver

 

Dear Oliver,
You may appeal the resolution of the fiscal denying your Motion for Reconsideration by filing a verified Petition for Review before the Secretary of Justice within fifteen (15) days from the time that you received a copy of the resolution (Section 3, 2000 NPS Rule on Appeal). Your petition shall state the following: (a) the names and addresses of the parties; (b) the Investigation Slip number (IS No.) and criminal case number, if any, and title of the case, including the offense charged in the complaint; (c) the venue of the preliminary investigation; (d) the specific material dates showing that it was filed on time; (e) a clear and concise statement of the facts, the assignment of errors and the reasons or arguments relied upon for the allowance of the appeal; and (f) proof of service of a copy of the petition to the adverse party and the Prosecution Office concerned. Legible duplicate original or certified true copy of the resolution appealed from together with legible true copies of the complaint, affidavits/sworn statements and other evidence submitted by the parties during the preliminary investigation/reinvestigation shall be attached to your petition (Section 5, 2000 NPS Rule on Appeal).

Once your appeal has been properly filed, the Secretary of Justice may reverse, affirm or modify the appealed resolution. Your appeal may also be dismissed, motu proprio or upon motion, on any of the following grounds: 1) the petition was filed beyond the period prescribed in Section 3 hereof; 2) the procedure or any of the requirements herein provided has not been complied with; 3) there is no showing of any reversible error; 4) the appealed resolution is interlocutory in nature, except when it suspends the proceedings based on the alleged existence of a prejudicial question; 5) the accused had already been arraigned when the appeal was taken; 6) the offense has already prescribed; and 7) other legal or factual grounds exist to warrant a dismissal (Section 12, 2000 NPS Rule on Appeal). If your appeal would still be denied, you may file a motion for reconsideration within a non-extendable period of ten (10) days from the receipt of the resolution on appeal, furnishing the adverse party and the Prosecution Office concerned with copies thereof and submitting proof of such service. No second or further motion for reconsideration, however, shall be entertained (Section 13, 2000 NPS Rule on Appeal).


We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts that you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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