Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial

Section 1

Only resolutions of the Chief State Prosecutor/Regional State Prosecutor/Provincial or City Prosecutor dismissing a criminal complaint may be the subject of a Petition for Review to the Secretary of Justice except as otherwise provided in Section 4 hereof. A petition from the resolution of a Provincial/City Prosecutor where the penalty prescribed for the offense charged does not exceed prision correccional, regardless of the imposable fine, shall be made to the Regional State Prosecutor who shall resolve the petitions with finality. Such petitions shall also be governed by these rules. The provision of the preceding paragraph on the finality of the resolution of the Regional State Prosecutor notwithstanding, the Secretary of Justice may, in the interest of justice and pursuant to his residual authority of supervision and control over the prosecutors of the Department of Justice, order the automatic review by his office of the resolution of the Regional State Prosecutors in the cases appealed to the latter.

Sec 2

The petition must be filed within a period of fifteen (15) days from receipt of the questioned resolution by the party or his counsel. The period shall be interrupted only by the filing of a motion for reconsideration within ten (10) days from receipt of the resolution and shall continue to run from the time the resolution denying the motion shall have been received by the movant or his counsel.

Sec 3

The petition shall be verified by the petitioner and shall contain the following: date of receipt of the questioned resolution; date of filing of the motion for reconsideration; if any; and date of receipt of the resolution on the motion for reconsideration; names and addresses of the parties; the Investigation Slip Number or I.S. No. and/or criminal case number and the title of the case; the venue of the preliminary investigation; a clear and concise statement of the facts, the assignment of errors, and the legal basis of the petition; in case of a finding of probable cause, that petitioner has filed in court a motion to defer further proceedings; and proof of service of a copy of the petition to the adverse party or his counsel and the prosecutor either by personal delivery or registered mail evidenced by the registry receipts and affidavit of mailing. The petitioner shall append to his petition copies of the material and pertinent affidavits/sworn statements (including their translations, if any, duly certified by the city/provincial prosecutor) and evidence submitted in the preliminary investigation by both parties and the questioned resolution. The prosecutor concerned shall immediately inform the Department or the Regional State Prosecutor of the action of the court on the motion to defer further proceedings. If the accused is arraigned during the pendency of the petition, the prosecutor concerned shall likewise immediately inform the Department or the Regional State Prosecutor of such arraignment.

Sec 4

No petition may be allowed from a resolution of the Chief State Prosecutor/Regional State Prosecutor/Provincial or City Prosecutor finding probable cause except upon showing of manifest error or grave abuse of discretion. Either complainant/offended party or respondent/accused may file a petition. Notwithstanding the showing of manifest error or grave abuse of discretion no petition shall be entertained where the accused had already been arraigned. Once arraigned, the petition shall be dismissed motu proprio by the Secretary of Justice.

Sec 5

Within a non-extendible period of fifteen (15) days from receipt of a copy of the petition, the respondent may file a verified answer indicating therein the date that the copy of the petition was received with proof of service of the answer to the petitioner. If no answer is filed, the case shall be resolved on the basis of the petition.

Sec 6

The petition may be withdrawn at any time before it is finally resolved, in which case the questioned resolution shall stand.

Sec 7

At any time after the filing of the petition and before its resolution, the petitioner may, with leave of court, file a motion for reinvestigation on the ground that new and material evidence has been discovered which petitioner could not, with reasonable diligence, have discovered during the preliminary investigation and which if produced and admitted would probably change the resolution. The Department or the Regional State Prosecutor, as the case may be, shall then issue a resolution directing the reinvestigation of the case, if still legally feasible. When reinvestigation is granted, it shall take place in the Office of the Prosecutor from which the petition was taken.

Sec 8

The Secretary of Justice or the Regional State Prosecutor may reverse, affirm or modify the questioned resolution. They may, motu proprio or on motion of the petitioner, dismiss outright the petition on any of the following grounds: that the offense has prescribed; that there is no showing of any reversible error; that the procedure or requirements herein prescribed have not been complied with; that the questioned resolution is interlocutory in nature, except when it suspends the proceedings based on the alleged existence of a prejudicial question; or that other legal or factual grounds exist to warrant a dismissal.

Sec 9

The aggrieved party may file a motion for reconsideration within a non-extendible period of ten (10) days from receipt of the resolution on the petition, furnishing the adverse party or his counsel and the prosecutor with copies thereof. No second motion for reconsideration shall be entertained.

Sec 10

A petition for review, motion for reconsideration/reinvestigation from a resolution finding probable cause shall not hold the filing of the information in court. Pending resolution of the Petition for review, the accused is entitled to a suspension of the proceedings, to the holding in abeyance of the issuance of warrant of arrest, and deferment of the arraignment.[70]