DOJ Case Management Handbook PDF

HANDBOOK
onAdministrative
Case Management
Republic of the Philippines

Department of Justice
Version 1
October 2008
Contents
FOREWORD..................................................................................7
ACKNOWLEDGMENT................................................................8
Introduction........................................................................10
Policy Statement.......................................................................10
Background and Rationale........................................................11
Guide for Users.........................................................................12
Principles Governing the PROCEDURES................14
A. General Principles Behind All Procedures:..........................14
B. Principles Behind Specific Procedures:................................14
I. Preliminary investigation and SUMMARY
INVESTIGATION..................................................................18
A. Receiving a Complaint........................................................18
AA. Receiving a Complaint Directly Filed by Private
Individuals Entities or Government Agencies..............18
AB. Receiving a Complaint Referred by Law
Enforcement Agencies..................................................20
B. Docketing and Recording...................................................23
C. Routing and Assignment.....................................................26
D. Service, Turnover and Release of Case Documents...........27
DA. Subpoena.....................................................................27
DB. Resolution for Dismissal.............................................28
DC. Filing of Information in Court.....................................29
II. Inquest.................................................................................31
A. Receiving.............................................................................31
B. Docketing and Recording.....................................................32
C. Assignment and Routing......................................................34
D. Service, Turnover and Release of Case Documents............36
Handbook on Administrative Case Management 3

DA. Resolution to conduct further
preliminary investigation..............................................36
III. Appeals and Petitions for Review.....................40
A. Receiving an Appeal/Petition for Review...........................40
AA. Receiving Appeals/Petitions for Review
Filed Personally by the Petitioner.................................40
AB. Receiving Appeals/Petitions for Review
Filed through Mail........................................................41
D. Release of Resolutions........................................................47
E. Compliance to the Resolution on the
Appeal/Petition for Review...........................................48
IV. Additional Pleadings.................................................49
A. Receiving............................................................................49
D. Service, Turnover and Release............................................51
DA. Subpoena.....................................................................51
V. Court Orders AND Resolutions ON APPEAL
BEFORE OFFICES OF THE SECRETARY OF JUSTICE,
CHIEF STATE PROSECUTOR or REGIONAL STATE
PROSECUTOR.......................................................................54
A. Receiving............................................................................54
DA. Subpoena (in Case of Reinvestigation).......................55
4 Handbook on Administrative Case Management

VI. PETITIONS FOR CERTIORARI........................................59
A. Receiving............................................................................59
D. Turnover and Release..........................................................61
VII. SPECIAL PROCEEDINGS.................................................62
A. Receiving............................................................................62
DA. In Case of a Subpoena.................................................64
DB. Transmittal of the Report to the Court.........................65
VII. OTHER ADMINISTRATIVE PROCEDURES.................66
A. Turnover of Case Records to Another Prosecution Office,
or to the Offices of the Secretary of Justice, Chief State
Prosecutor or Regional State Prosecutor.............................66
B. Complaints Cognizable by the Sandiganbayan .................67
BA. Preliminary Investigation............................................67
BB. Inquest Cases...............................................................67
C. Custody of Object Evidence...............................................68
Definition of Terms...........................................................70
CHECKLISTS..............................................................................75
Checklist 1: Complaints Directly Filed...............................76
Checklist 2: Complaints Referred by Law
Enforcement Agencies..................................................78
Checklist 3: Inquest.............................................................79
Checklist 4: Appeals/Petitions for Review.........................83
Checklist 5: Petitions for Certiorari....................................84

SAMPLE FORMATS...................................................................85
NPS Administrative Sample Format A.................................88
NPS Administrative Sample Format B..................................90
NPS Administrative Sample Format C..................................91
NPS Administrative Sample Format D.................................93
NPS Administrative Sample Format E..................................94
NPS Administrative Sample Format F..................................95
NPS Administrative Sample Format G.................................96
NPS Administrative Sample Format H.................................97
FORMS..........................................................................................99
NPS Investigation Form No. 01, s. 2008................................100
NPS Administrative Form No. 01, s. 2008............................103
APPENDIX A
Department Circular No.63.....................................................106
Guidelines in the Assessment and Collection Of Legal Fees
Pursuant To R.A. No. 9279.........................................107
Annex A: Department Circular No. 42 (Collection of Legal
Fees)............................................................................120
Annex B: Schedule of Legal Fees.......................................121
Assessment Form....................................................................125
Republic Act No. 9279 (Granting Additional
Compensation in the Form of Special Allowances)....127
Appendix B
Department Circular No. 70-A................................................131
Department Circular No. 70....................................................132
Appendix C
Validation Session Participants...............................................136
Appendix D
Assigning NPS Docket Numbers............................................144

FOREWORD
The task of administering justice is two-fold: one, that every

person be given his due, and the other, that it is delivered swiftly and
expeditiously.
This Handbook on Administrative Case Management could very

well be an effective instrument in delivering expeditious and speedy
justice when taken to heart and its provisions followed.
To the users, this Handbook has been designed to be a simple

and friendly guide in going through the complex process of case
management. This sets the standard on the manner on how to handle
cases from the time a complaint is filed with the prosecution dockets up
to the time it is filed before the court.
Effective case management is beneficial in monitoring the

status of cases as well as prosecutor performance. A good monitoring
system could improve office performance thereby addressing the need
to expedite the resolution of cases that could swiftly turn the wheels of
justice as expected.
This is your Handbook. Use it with an open heart and mind.

RAUL M. GONZALEZ
Secretary
Secretary of
of Justice
Justice


ACKNOWLEDGMENT
There are so many to thank for their involvement in this

project.
Foremost, the distinguished institutions and individuals who,

by their support and cooperation, have made the revision of the Pros-
ecutors Manual and the drafting of this Handbook for Administrative
Case Management possible: the USAID represented by Mr. Gerardo
Porta, Senior Civic Participation Specialist; USAID-ROLE represented
by Atty. George V. Carmona, Chief of Party, ROLE and Atty. Redentor
Buban; The Asia Foundation represented by Dr. Steven Rood, Coun-
try Representative, Atty. Carolyn A. Mercado, Sr. Program Officer and
Atty. Damcelle Torres-Cortes, Program Officer; MCA-PTP represented
by Mr. Benjamin Allen, Chief of Party and Atty. Noel del Prado; and
the ADB represented by Mr. Jaseem Ahmed, Director, Governance, Fi-
nance & Trade Division, Ms. Debra Kertzman, Mr. Joven Z. Balbosa,
Mr. Thatha Hla and Atty. Christine Lao.
Individuals whose efforts as consultant-writers have contributed

to the success of this undertaking: Atty. Gregorio A. Arizala, consultant
for the Prosecutors Manual; Atty. Nilo C. Mariano and Mr. Ruben Can-
las Jr., consultants for the Handbook on Administrative Case Manage-
ment; Atty. Eric Joseph Mallonga, consultant for the special sections
on Prosecuting Human Rights Violations and Providing Available Rem-
edies Therefor; Atty. Victor Mamalateo and Atty. Giovanni Vallente,
consultants for the special sections on Prosecuting Violations of the Na-
tional Internal Revenue Code and Related Laws.
The professional guidance, ideas, enlightenment, encouragement

and support given by Secretary Raul M. Gonzalez, Chief State Prosecutor
Jovencito R. Zuo, Assistant Chief State Prosecutor Severino H. Gaa,
Jr., Assistant Chief State Prosecutor Miguel F. Gudio, Jr., Assistant Chief

State Prosecutor Pedrito L. Rances and Assistant Chief State Prosecutor
Richard Anthony D. Fadullon should be acknowledged.

The members of the technical working group (TWG) created
for this project: Chairperson SSP Purita Mercado-Deynata, Co-Chair-
person RSP Antonio B. Arellano, and members RSP Nonnatus Caesar
R. Rojas, CP Jacinto G. Ang, CP Lorna T. Lee, SSP Rosalina P. Aquino
and SSP Ma. Emilia Lucena-Victorio who painstakingly reviewed and
rationalized this Handbook.
This project was initially made possible through the Organi-

zational Development Program for the National Prosecution Service
(NPS) and its component project, the Procedural Development Project
administered by the Management Services Office headed by Director
Ma. Monica P. Pagunsan, assisted by its Planning Staff, Mr. Ryan C.
Thomas, Ms. Janet A. Covarrubias and Ms. Marjorie Tan-delos Santos.
These people provided valuable policy research, process analysis, docu-
mentation, technical writing and project management.
Secretariat and other administrative work were effectively and

efficiently carried out by Ms. Eleanor P. Singson, Ms. Corazon S. Na-
varrete, Ms. Imelda A. Ballesteros and Ms. Evangeline C. Cruz. They
are the staff of Assistant Secretary Teresita R. Domingo who most will-
ingly committed them for this endeavor.
NPS prosecutors, prosecution attorneys and administrative of-

ficers have shown their enthusiasm, attention to detail and correctness
which provided valuable inputs during the consultations and validation
sessions. A list of these people is attached in Appendix C.
The Financial and Management Service and Administrative

Service have also been very supportive of the project by providing the
necessary funding and logistics.

Introduction
Policy Statement
This Handbook prescribes the standard procedures on

administrative work processes pertaining to case management or
handling of criminal cases filed before offices of the National Prosecution
Service (NPS). The provisions of this Handbook shall form part of the
policies of the Department of Justice (DOJ) effective January 1, 2009,
thereby superseding or amending all related internal DOJ/NPS policies,
rules, regulations and directives, except those specifically provided
by law, jurisprudence, national government policies and presidential
directives.
The Handbook is primarily intended for heads and administrative

staff of prosecution offices. Concerned prosecutors and staff shall, as
much as practicable, observe the procedures provided herein. In order
to effectively observe the prescribed procedures herein, heads of offices
are expected to maximize existing administrative staff and align their
functional assignments to the said procedures.
Case management procedures that were not included or

mentioned in this Handbook may be exercised with flexibility among
prosecution offices but should not, as much as possible, disrupt the
general procedures provided herein subject to other existing government
and DOJ/NPS policies. This Handbook shall not in any way preclude
the Secretary of Justice in issuing procedural policies and directives
that will improve the administration of justice. Internal management
systems and procedures such as reporting, monitoring, and management
of personnel, finances, assets, supplies and records are not included in
this Handbook.

Background and Rationale
This Handbook complements the Revised Prosecutors Manual

which contains the legal procedures in case management. These two
(2) were developed and produced in line with the NPS Organizational
Development (OD) Program, particularly its component Procedural
Development Project. The Project aims to rationalize and standardize
case management procedures to address various procedural concerns and
enhance operational efficiency which will ultimately improve services
to the public. Among the concerns addressed by the Handbook and
Revised Prosecutors Manual are unclear or lack of internal policies and
standard procedures on case management. The Project, Handbook and
Manual will pave the way for further rationalization of internal systems
and procedures of the NPS and other major reform efforts.
The Project was developed by the planning staff of the DOJ

Management Services Office (MSO) in early 2007 through intensive
research and planning in coordination with the NPS officials. It was
approved by the Secretary Raul M. Gonzalez in 2007. Initial coordination
and negotiations were then made with international funding institutions
resulting to a partnership agreement with the United States Agency
for International Development (USAID) through its Rule of Law
Effectiveness (ROLE) Project.
Other funding institutions later partnered with the DOJ on the

Project, particularly the Millennium Challenge Account (MCA) of
the USAID, The Asia Foundation, and the Asian Development Bank
(ADB).
The Procedural Development Project officially commenced

when a technical working group (TWG) was formed in October 2007,
with chair and co-chair, Senior State Prosecutor Purita Mercado-Deynata
and Regional State Prosecutor Antonio B. Arellano, respectively;
and members, Regional State Prosecutor Nonnatus Caesar R. Rojas,
City Prosecutor Jacinto G. Ang, City Prosecutor Lorna T. Lee, Senior
State Prosecutor Rosalina P. Aquino, and Senior State Prosecutor Ma.

Emilia L. Victorio. The TWG was assisted by consultantsretired
Assistant Chief State Prosecutor Nilo C. Mariano and retired Provincial
Prosecutor Gregorio A. Arizala (hired by the USAID-ROLE), and Mr.
Ruben Canlas, Jr. (hired by ADB).
The technical staff of Assistant Secretary Teresita R. Domingo

served as the secretariat to the TWG while overall project management
was handled by MSO Director Ma. Monica P. Pagunsan assisted by
the MSO planning staff. The MSO planning staff also provided the
technical support in terms of research, documentation and finalization
of the Manuals.
Nationwide surveys, consultations and validations with

prosecution offices and stakeholder government agencies were
conducted. This Handbook is intended to be reviewed and updated as
necessary and when resources permit.
Guide for Users
Prior to the procedural standards and guidelines, governing

principles are discussed to set the context for the entire Handbook and
better understanding thereof.
The main body of the Handbook is organized in a process-based

orientation, outlining every step in each procedure according to the
specific staff responsible and particular work to be undertaken. The
sequential procedures and steps are numbered with proper indentations,
as follows:
Roman numerals (I, II, III...) major work process

Capitalized alphabets (A, B, C) work procedures
Double capitalized alphabets (AA, AB, AC) sub-procedures
Bold-lettered sub-headers persons responsible
Numbers (1, 2, 3) steps
Bullets ( ) enumeration of items
Small letters conditional steps or sub-steps

Parenthesized numbers/letters [(1), (2), (3)/(a), (b), (c)]
sub-steps
This Handbook provides definitions of terms relative to the

actual use of the terms. Appendices are also provided as cited in the
main body with appropriate marking and pagination. These include
checklists, sample formats and policy issuances.

Principles Governing the PROCEDURES
A. General Principles Behind All Procedures:

The goal of the enhanced, standardized procedures is to
facilitate speedy justice and improve the performance of pros-
ecution offices. Hence, it is important to immediately and effec-
tively act on any case document or record.
Case management begins upon receipt of complaints,

pleadings, orders and resolutions.
Immediate and effective action results in speedy processes

throughout all the steps.
It is important for the administrative staff to check sub-

mitted documents for correctness and completeness
before receiving them to facilitate speedy action. Con-
versely, incorrect and incomplete documents will lead to
unnecessary delays.
Validation of complete and proper documents must be

done before proceeding to the next step.
Assessment and collection of applicable legal fees

must be accomplished before issuing an official receipt
(O.R.).
B. Principles Behind Specific Procedures:
In addition to the general principles, the following are

the principles pertaining to the different procedures in case
management, the execution of which will significantly affect the
rest of the case management procedures.

1. Receipt of Complaints and Related Documents
a. Case management by prosecution offices commences

upon receipt of:
the complaints and pleadings filed by the parties be-

fore the Office of the Chief State Prosecutor (OCSP),
Office of the Regional State Prosecutor (ORSP), Of-
fice of the Provincial Prosecutor (OPP) or Office of
the City Prosecutor (OCP); resolutions issued by the
Office of the Secretary (OSEC), the OCSP and the
ORSP; and
Court Orders
b. Complaints and pleadings are checked in terms of

correctness, completeness and arrangement before
actual receipt, as a measure not only to partially screen
the same, but also to help ensure the smooth processing
thereof later.
c. Assessment and collection of applicable legal fees should

also be strictly observed pursuant to DOJ Circular No. 63
dated 16 November 2004, Guidelines in the Assessment
and Collection of Legal Fees (please refer to Appendix
A of this Handbook, page 106), prior to the issuance
of the O.R.
2. Recording and Docketing
a. All new and referred complaints, pleadings, resolutions,

and Court Orders shall be docketed and recorded
immediately.
b. A complainant shall be immediately informed of the NPS

docket number (replacing the former I.S. number) upon

receipt of a new complaint and assignment of docket
number thereon.
c. Additional pleadings, DOJ/ORSP resolutions and Court

Orders received relative to active or resolved cases that
were already assigned NPS docket numbers shall be
recorded in the appropriate logbook. The history/status
of the subject case shall be updated in the index file and
electronic database, if any, for tracking and reference
purposes.
3. Routing and Assignment
a. Routing of cases and case documents should be done

immediately by the concerned units, prosecutors and staff
before and after the assignment of cases and pleadings.
This should be done in a very secure manner as this
involves vital case documents.
b. Assignment of cases, pleadings, DOJ/ORSP resolutions

and Court Orders includes the original assignment or
reassignment to a particular prosecutor or a group of
prosecutors (e.g., panel, team or task force) through
different methods. Strict confidentiality shall be followed
during this procedure.
c. All administrative work procedures from the time of

receipt up to the routing of the same to the assigned
prosecutor shall not exceed ten (10) calendar days,
except in the following instances:
in inquest proceedings where cases should

immediately be routed to an investigating prosecutor;
and
mailed or referred complaints/pleadings with
incomplete documents and/or payment of applicable

legal fees, for which the concerned party will be
required to comply.
4. Service, Turnover and Release of Case Documents
As a general rule, all outgoing documents (e.g.,

subpoena, letters, indorsements, resolutions) should
immediately be processed and released by the designated
records staff and process servers, as the case may be.

I. Preliminary investigation and
SUMMARY INVESTIGATION
A. Receiving a Complaint
AA. Receiving a Complaint Directly Filed by Private

Individuals Entities or Government Agencies
The designated receiving staff shall:
1. Check the documents (using the Checklist found on

page 76 of this Handbook) if they comply with the
requirements, such as:
Complaint affidavit/s and affidavit of witness/es

(five [5] copies plus the number of respondents);
Supporting documents, e.g., Certificate to File
Action for offenses covered by the Katarungang
Pambarangay law, medical certificates, police
report, sketches, photographs, government certi-
fications, etc. (five [5] copies plus the number of re-
spondents), if any; and
Two (2) copies of the standard Investigation Data
Forms (please refer to the NPS Investigation Form No.
01 s. 2008 found on page 100 of this Handbook) duly
accomplished by the complainant.
NOTE: The documents submitted by the complainant

must be properly arranged, labeled, paged and bound.
a. If the documents are incomplete, do not receive

the complaint. Instead, advise the complainant or
representative to submit the requirements, listed
above.

b. If the documents are complete, refer the complainant
to the designated assessment and collection staff.
The complainant must pay the legal fees, if applica-
ble, and be advised to have the complaint/witness af-
fidavits and the Investigation Data Forms subscribed/
certified under oath.
NOTE: Refer to the guidelines in the assessment and

collection of legal fees under DOJ Circular No. 63
dated 16 November 2004 (please refer to Appendix
A of this Handbook on page 106). If the complainant
presents the valid certificates of indigency, attach them
to the record.
2. Check the O.R. (if applicable) and whether or not the

complaint/witness affidavits and the Investigation Data
Forms have been subscribed/certified under oath.
3. Receive the complaint with all duplicate copies and

supporting documents.
4. If the complainant or representative is present, advise

him/her/them to wait for a duly stamped/received copy
with an assigned NPS docket number.
5. Forward the documents to the designated docket staff.

AB. Receiving a Complaint Referred by Law Enforcement
Agencies
1. Record the referred complaint in the appropriate log-

book.
2. Forward the referred complaint to the designated

assessment and collection staff.
The designated assessment and collection staff shall:
3. Determine the applicable legal fees.

collection of legal fees under Department Circular No.
63 dated 16 November 2004 (please refer to Appendix
A of this Handbook on page 106). If the complainant
presents the valid certificates of indigency, attach them
to the record.
4. Forward the referred complaint to the designated re-

ceiving or records staff with information for any appli-
cable legal fees that have been paid by the complainant,
if any.
The designated receiving or records staff shall:
5. Check the documents (using the Checklist found on

page 78 of this Handbook) if they comply with the
requirements, such as:
Official referral by the government agency. The

referral must clearly state that it is a commence-

ment of criminal action for a particular offense;
Complaint affidavit/s and affidavit of witness/es
duly subscribed under oath (five [5] copies plus
the number of respondents);
Supporting documents, e.g., medical certificates,
police report, sketches, photographs, government
certifications, etc. (five [5] copies plus the number
of respondents), if any; and
Two (2) copies of the standard Investigation Data
Forms duly accomplished and certified under
oath by the complainant.
a. If there is no required legal fee to be paid and docu-

ments are already complete, immediately arrange the
complaint documents and forward the same to the
designated docket staff.
b. If there are required legal fees and/or incomplete

documents, prepare a letter to the complainant (copy
furnished the law enforcement agency) to be signed
by the administrative officer requiring the personal
payment of the applicable legal fees and submission
of complete documents properly arranged, labeled,
paged and bound (please refer to Sample Format
A on page 88 of this Handbook). No action on the
complaint will be undertaken unless the complainant
complies with the requirements within five (5) days
from receipt thereof.
(1) While awaiting compliance with the said

letter, forward the petition and supporting
documents to the designated records staff
for filing/storing and subsequent action
thereon.

(2) File/store the referred complaint and support-
ing documents while awaiting compliance of
the letter issued.
(3) If the complainant fails to comply within 30

days, draft an indorsement letter to be signed
by the head of office returning the complaint
and supporting documents to the referring
office (please refer to Sample Format B
on page 90 of this Handbook).
(4) If the required documents have been person-

ally submitted but legal fees have to be paid:
(a) Refer the complainant to the designated

assessment and collection staff for
payment of applicable legal fees;
(b) Upon return of the complainant, check

the O.R; and
(c) Refer the complaint to the designated

docket staff.
(5) If the required documents (properly arranged,

labeled, paged and bound) have been person-
ally submitted by the complainant or repre-
sentative and there is no required legal fee to
be paid, forward the same to the designated
docket staff and advise the complainant to
wait for a duly stamped/received copy with
an assigned NPS docket number.

B. Docketing and Recording
The designated docket staff shall:
1. Assign the NPS docket number using the guide, below.

The NPS docket number is a code that contains five parts,
separated by hyphens. The parts and codes are explained
with examples in the following table:
Part Explanation Possible Codes

NPS region and OCSP number
1 I, II, III, etc.
represented by Roman numerals
Provincial/City office (2-digit
number) 01, 02, 03, etc.
2
Plus provincial substation, if any 01a, 01b, etc.
(small letter)
INV for regular preliminary
investigation and summary
3 Type of investigation
investigation
INQ for inquest case
Date: using the last two digits of

the year plus a capital letter from A 08A = 2008, January
4
to L, representing the months from 09C = 2009, March
January to December, in sequence
Series number, represented by a

5 5-digit number that is unique for the 00173, 00254, etc.
year
Examples:
I-01-INV-08A-00001
o I - Region I
o 01 - ORSP
o INV - preliminary investigation or
summary investigation

o 08 - year 2008
o A - month of January
o 00001 - first preliminary investigation or
summary investigation case for year
2008
I-05a-INV-08A-00010
o I - Region I
o 05 - OPP La Union
o a - Agoo Substation
o INV - preliminary investigation or summary
investigation
o 08 - year 2008
o 00010 - 10th preliminary investigation or
2008
XV-01-INV-08L-01000
o XV - National Capital Region
o 01 - OCP Antipolo
o 08 - year 2008
o L - month of December
o 01000 - 1,000th preliminary investigation or
2008
XVI-INV-08L-03000
o XVI - OCSP
o 08 - year 2008

2008
NOTE: The ORSP of each region shall develop and pre-

scribe its own office codes consistent with the above sys-
tem. The ORSPs shall strictly enforce the said codes in all
constituent offices, inform the Department thereof, and
shall only amend the same in case of a creation, merger
or division of local government units, establishment of
new offices and provincial substations, reorganization of
the NPS, amendment of the herein docketing system, or
as directed by the Department.
2. Write down or stamp the NPS docket number on the

appropriate space in the two (2) copies of the Investigation
Data Forms duly accomplished and certified under oath
by the complainant.
3. If the complainant or representative is present, give one

(1) copy of the Investigation Data Form and attach the
other copy to the case documents. Otherwise, attach
both copies to the case record.
4. Record the complaint in the appropriate logbook and

electronic database, if any.
5. Forward the case documents to the designated records

staff.
The designated records staff shall:
6. Create an index file for the complaint.
7. Forward the case documents to the head of office or the

duly designated assistant or unit for assignment.

C. Routing and Assignment
The head of office or duly designated assistant or unit shall:
1. Assign the case to a prosecutor by using any one or a

combination of the recommended methods.
Raffling prosecutors or cases/pleadings are

randomly matched by raffling, with or without
consideration of prosecutor case loads and/or
specialization.
Round robin cases/pleadings are assigned in
a sequential manner with pre-determined pattern
among prosecutors in the office, with or without
specialization.
Designation cases/pleadings are assigned to a
prosecutor designated to handle particular types
of cases or pleadings.
Prosecutor specialization cases/pleadings
are assigned based on the specialization of
prosecutors.
Team or task force approach cases/pleadings
are assigned based on the appropriate and existing
team of prosecutors or existing task force.
Discretion by the head of office cases are as-
signed simply by discretion or choice of the head
of office as to who among prosecutors he/she
deems appropriate to handle the case, without
any definite system or procedure.
NOTE: The process of assigning a case to a prosecutor

shall be strictly confidential and shall not be divulged to
any of the parties involved.

2. Forward the documents to the assigned investigating

prosecutor.
NOTE: At this point, the process is transferred to the

prosecutor. The result of the preliminary investigation
conducted by the assigned prosecutor will be any or a
combination of: issuance of a resolution and/or the filing
of an Information in court. The details of these proce-
dures are covered under the Revised Prosecutors Manu-
al. Please proceed to the next step, below.
3. Forward the recommendatory documents (resolution,

and/or Information for filing in court), when necessary,
from the assigned prosecutor to the head of office or duly
designated assistant for review and appropriate action.
D. Service, Turnover and Release of Case Documents
DA. Subpoena
The designated process server shall:
1. Serve the subpoena through any of the following

methods:
Personal service by process server, law

enforcement or barangay personnel.
Registered mail with return card.
NOTE: This step must be done within two (2) days of

receipt of the signed subpoena.
2. After the subpoena shall have been served, forward the

following to the designated records staff:

A copy of the subpoena (whether acknowl-
edged or not by the recipient).
The registry receipt, in case of mailed sub-
poena.
Certificate of service, in case of personal
service.
3. Immediately attach the documents above to the case

record.
4. Upon receipt of the return card, immediately attach it to

the case record.
DB. Resolution for Dismissal
The designated records and docket staff shall:
1. Immediately upon receipt, check whether or not the reso-

lution has been approved/disapproved and signed by the
head of office.
2. Update the appropriate logbooks, index file and/or the

3. Reproduce/arrange case documents for release and

internal records keeping.
4. Immediately transmit copies of the resolution to the par-

ties and to the office of the respondent (if respondent is a
government official/employee).
5. Attach copies of the resolution and the proof of transmittal/

service/ receipt in the case record.

6. Update the appropriate logbook/s, index file and/or the
7. File the complete case record in the office.
DC. Filing of Information in Court
1. Immediately upon receipt, check whether the resolution

and Information have been approved/ disapproved and
signed by the head of office.

3. Reproduce/arrange case documents for release/filing in

court and internal records keeping.
4. Immediately transmit copies of the resolution to the

parties and to the office of the respondent (if respondent
is a government official).
5. File the Information, together with copies of the resolution

and supporting documents before the proper court.
6. Forward to the records staff a copy of the resolution and

Information duly acknowledged by the court.
The designated docket and records staff shall:


8. Attach a duly acknowledged copy of the Information and
resolution in the case record.
END OF PROCESS FOR

PRELIMINARY INVESTIGATION AND
SUMMARY INVESTIGATION

II. Inquest
A. Receiving
1. Receive the following documents:
Affidavit of Arrest (and Affidavit of Turnover, in

case of citizens arrest);
Two (2) copies of the standard Investigation
Data Forms (please refer to NPS Investigation
Form No. 01 s. 2008 found on page 100 of
this Handbook) duly accomplished by the law
enforcer or citizen effecting the arrest; and
Affidavit of the complainant and witnesses.
a. If no Affidavit of Arrest (and Affidavit of Turnover,

in case of citizens arrest) and the accomplished In-
vestigation Data Forms are submitted, advise the law
enforcer to submit the same. Until the said require-
ments are submitted, the complaint shall not be re-
ceived.
b. If the Affidavit of Arrest (and Affidavit of Turnover,

in case of citizens arrest) and the accomplished In-
vestigation Data Forms are submitted, but some of
the other documentary requirements are not com-
plete (using the Checklist found on page 79 of this
Handbook), advise the law enforcer to immediately
submit the other required documents later but for-
ward the complaint to the docket staff.

The designated docket staff shall:
1. Assign the NPS docket number using the guide, below.

separated by hyphens. The parts and codes are explained
with examples in the following table:

1 I, II, III, etc.
number) 01, 02, 03, etc.
2
(small letter)
investigation

4

year
Examples:
I-01-INQ-08A-00001
o I - Region I
o 01 - ORSP
o INQ - inquest
o 08 - year 2008

o 00001 - first inquest case for year 2008
I-05a-INQ-08A-00010
o I - Region I
o 05 - OPP La Union
o INQ - inquest
o 08 - year 2008
o 00010 - 10th inquest case for year 2008
XV-01-INQ-08L-01000
o 01 - OCP Antipolo
o INQ - inquest
o 08 - year 2008
o 01000 - 1,000th inquest case for year 2008
XVI-INQ-08L-00030
o XVI - OCSP
o INQ - inquest
o 08 - year 2008
o 00030 - 30th inquest case for year 2008
NOTE: The ORSP of each region shall develop and

prescribe its own office codes consistent with the above
system. The ORSPs shall strictly enforce the said codes
in all constituent offices, inform the Department thereof,
and shall only amend the same in case of creation, merger

2. Write down the NPS docket number on the appropriate
space in the two (2) accomplished Investigation Data
Forms.
3. Give one (1) copy of the Investigation Data Form to the

law enforcer or the private complainant, and attach the
other copy to the case record.
4. Record the complaint in the appropriate logbook and

5. Forward the case documents to the designated records

staff.
The records staff shall:
6. Create an index file for the complaint.
7. Forward the case documents to the head of office or the

duly designated assistant or unit for assignment.
C. Assignment and Routing
1. Assign the case to a prosecutor using any one or a

combination of the recommended methods, for the
conduct of inquest proceedings:

specialization.

specialization.
prosecutors.
Discretion by the head of office cases are
assigned simply by discretion or choice of the
head of office as to who among prosecutors he/
she deems appropriate to handle the case, without
NOTE: The process of assigning a case to a prosecutor

shall be strictly confidential and shall not be divulged
to any of the parties involved. At this point, the process
is transferred to the prosecutor. The details of these
procedures are covered under the Revised Prosecutors
Manual. Please proceed to the next step, below.
The records staff shall:
2. Forward the case documents to the assigned inquest

prosecutor.
NOTE: At this point, the process is transferred to

the prosecutor. The result of the inquest proceeding
conducted by the assigned prosecutor will be any or a
combination of: issuance of resolution, order the release
of the respondent, and/or the filing of an Information

in court, or issuance of a resolution for the conduct of
further preliminary investigation. The details of these
Manual. Please proceed to the next step, below.
3. Forward the recommendatory documents (resolution,

order for release of respondent and/or Information for
filing in court) from the inquest prosecutor to the head
of office or duly designated assistant for review and
appropriate action.
D. Service, Turnover and Release of Case Documents
DA. Resolution to conduct further preliminary investigation

has been approved/disapproved and signed by the head
of office.

3. Reproduce/arrange case documents for release to the

parties and assignment/routing to an investigating
prosecutor.

5. Forward the case documents together with the resolution

to the head of office or duly designated assistant or unit
for assignment.

NOTE: Any of the methods of assignment enumerated in
step II.C.1. above shall again be used to assign the case
to an investigating prosecutor for subsequent issuance
of resolution, order to release of the respondent, and/or
filing of an Information in court. The details of these
Manual. Please proceed to the next steps, below.
1. Immediately upon receipt, check whether or not the

resolution has been approved/disapproved and signed by
the head of office.


4. Immediately transmit the following:
Resolution to the parties and to the office of

the respondent (if respondent is a government
official/employee); and
Order of release of respondent to the law enforcer
concerned.
5. Attach copies of the resolution, order of release of

respondent and the proof of transmittal/service/receipt in
the case record.









END OF PROCESS FOR INQUEST

III. Appeals and Petitions for Review
Appeals/petitions for review may be filed only before the OSEC,

OCSP or ORSP.
A. Receiving an Appeal/Petition for Review
AA. Receiving Appeals/Petitions for Review Filed Personally

by the Petitioner
1. Check the documents if they comply with the following

documentary requirements pursuant to DOJ Circulars
No. 70 and 70-A s. 2000 (please refer to Appendix B
of this Handbook on pages 131 and 132):
Verified petition for review stating/containing:

o Names and addresses of the parties involved;
o NPS docket number (formerly I.S. number)
and criminal case number, if any, and title
of the case including offense charged in the
complaint; and
o 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.
Legible certified true copies of the complaint,
affidavits/sworn statements.
Other evidence submitted by parties during the
preliminary investigation/reinvestigation.
Copy of motion to defer proceedings as received
by the court, if the case has been filed in court.

NOTE: The documents must be properly arranged,
labeled, paged and bound.
a. If the documents are incomplete, do not receive

the petition/appeal. Instead, advise the petitioner to
submit the requirements, listed above.
b. If the documents are complete, refer the petitioner to

the designated assessment and collection staff. The
complainant must pay the legal fees, if applicable.

collection of legal fees under DOJ Circular No. 63
dated 16 November 2004 (please refer to Appendix A
of this Handbook on page 106). If the petitioner presents
the valid certificates of indigency, attach them to the
record.
2. Check the O.R. (if applicable).
3. Receive the appeal/petition with all duplicate copies and

supporting documents.
4. Forward the documents to the designated docket staff.
AB. Receiving Appeals/Petitions for Review Filed through Mail
1. Record the petition in the appropriate logbook and

2. Refer the petition to the designated assessment and

collection staff.

The designated assessment and collection staff shall:
3. Assess the applicable legal fee and check the payment

made through managers check, money order, or proof
of payment (O.R. from any prosecution office), or check
the validity of certificates of indigency, if any.

collection of legal fees under Department Circular No.
63 dated 16 November 2004 (please refer to Appendix
A of this Handbook on page 106).
4. Forward to the designated receiving or records staff

the petition and supporting documents together with
the O.R., managers check, money order, certificates
of indigency (if any), and/or information on additional
requirements/payment that have to be made, if any.
The designated receiving or records staff shall:
5. Check the mailed petition and supporting documents

(using the Checklist on page 83 of this Handbook) if they
comply with the following documentary requirements
pursuant to DOJ Circulars No. 70 and 70-A s. 2000
(please refer to Appendix B of this Handbook on pages
131 and 132):
Verified petition for review stating/containing:

o Names and addresses of the parties involved;
o NPS docket number (formerly I.S. number)
and criminal case number, if any, and title
of the case including offense charged in the
complaint; and
o 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.
Legible certified true copies of the complaint,
affidavits/sworn statements.
Other evidence submitted by parties during the
preliminary investigation/reinvestigation.
Copy of motion to defer proceedings as received
by the court, if the case has been filed in court.
a. If the documents are complete and no further payment

needs to be made, forward the petition and supporting
documents to the designated docket staff.
b. If the documents are incomplete, the payment of the

applicable legal fee has not been made, and/or the
managers check/money order/O.R. does not reflect
the correct legal fee, prepare a letter to the petitioner
requesting submission of complete documents and/
or payment of the correct legal fee (please refer to
Sample Format C on page 91 of this Handbook).
No action on the appeal/petition will be undertaken
unless the petitioner complies with the requirements
within five (5) days from receipt thereof.
(1) While awaiting compliance with the said let-

ter, forward the petition and supporting docu-
ments to the designated records staff for fil-
ing/storing and subsequent action thereon.
(2) File/store the petition and supporting docu-

ments while awaiting compliance of the letter
issued.

(3) If the petitioner fails to comply within 30
days, draft an indorsement letter to be signed
by the head of office returning the petition
and supporting documents to the petitioner
(please refer to Sample Format D on page
93 of this Handbook).
(4) Upon receipt of the required documents, the

required payment has been made, and/or
certificates of indigency; retrieve the filed/
stored petition and properly arrange together
with the newly submitted documents/
payment.
(5) If payment is made or certificates of indigency

are submitted, refer the petitioner/petition to
the designated assessment and collection
staff.
The designated assessment and collection staff

shall:
(6) If valid certificates of indigency are submitted,

attach the same to the petition and forward to
the designated docket staff.
(7) If personal cash payment is made, furnish the

petitioner or representative the original copy
of the O.R. and forward a duplicate original
or certified copy thereof together with the
petition and supporting documents to the
(8) If payment is made through managers check

or money order, prepare a letter (to be signed
by the administrative officer) transmitting

the original copy of the O.R. to the petitioner
(please refer to Sample Format E on page
(9) After the letter has been signed, forward the

same together with the original copy of the
O.R. to the designated records staff for
mailing.
(10) Attach a copy of the duplicate original or

certified true copy of the O.R. to the petition
and forward to the designated docket staff.
1. Record the appeal/petition in the appropriate logbook

and electronic database, if any.
2. Create an index file for the appealed case.
3. Forward the case documents to the head of office and/or

the duly designated officer or unit for assignment.
1. Assign the case to a reviewing prosecutor by using any

one or a combination of the recommended methods:


specialization.
specialization.
prosecutors.
2. Forward the documents to the assigned reviewing

prosecutor.
NOTE: The process of assigning a case to a reviewing

prosecutor shall be strictly confidential and shall not be
divulged to any of the parties involved. At this point,
the process is transferred to the prosecutor. The result
of the review conducted by the assigned prosecutor will
be the issuance of a resolution reversing, affirming or
modifying the appealed resolution, or dismissing the
petition. The details of these procedures are covered

under the Revised Prosecutors Manual. Please proceed
to the next step below.
3. Forward the recommendatory resolution of the reviewing

prosecutor to the Regional State Prosecutor / Chief State
Prosecutor / Secretary of Justice for appropriate action.
D. Release of Resolutions

the head of office.



is a government official/ employee).



E. Compliance to the Resolution on the Appeal/Petition for
Review
1. After receiving the resolution on the appeal/petition for

review:
a. Record the disposition in the resolution on the appeal/

petition for review in the appropriate logbook and
b. Update the index file of the case.
c. Forward the resolution together with the case record

to the head of office or the duly designated assistant
or unit for assignment.
NOTE: The head of office or duly designated assis-

tant or unit shall assign the OSEC/OCSP/ORSP reso-
lution together with the case record to the appropriate
prosecutor. The resolution may have affirmed, reversed
or modified an earlier resolution on the case, and directs
the filing of an Information in court, withdrawal of In-
formation filed in court, or reinvestigation of a case.
The relevant procedural details are covered under the
Revised Prosecutors Manual and a later section in this
Handbook. Please proceed to the next step below.
2. Appropriately record the resolution issued and/or the

filing/withdrawal of the Information in the appropriate
logbook, index file and electronic database, if any.
END OF PROCESS FOR APPEALS/PETITIONS FOR REVIEW

IV. Additional Pleadings
Additional pleadings refer to pleadings filed after a complaint/

case has been assigned to a particular prosecutor and/or already re-
solved, other than those submitted directly to the investigating/inquest
prosecutor in the course of the proceedings (e.g., supplemental/coun-
ter-affidavit, reply, rejoinder). These additional pleadings include those
filed before the prosecution office but are not limited to motions for ad-
mission of additional evidence, inhibition, consolidation, early resolu-
tion, reopening, reconsideration, and affidavit of desistance. Additional
pleadings do not include counter-affidavits, reply affidavits and rejoin-
der affidavits, among others.
A. Receiving
1. Check the pleading in terms of compliance with the

following documentary requirements:
For all pleadings, the general requirements are:

o Names and addresses of the parties;
o NPS docket number and criminal case num-
ber, if any, and title of the case including
offense/s charged in the complaint;
o Proof of service of a copy of the pleading to
the adverse party.
For Motions for Reconsideration, the additional
requirement shall be a copy of the Motion to
Defer Proceedings as received by the court, if an
Information has already been filed in court.
a. If the documentary requirements are incomplete, do

not receive the pleading but advise the concerned
party to submit the lacking documents.

b. If the documentary requirements are complete, refer
the concerned party to the designated assessment
and collection staff for the payment of the applicable
legal fees.
2. Receive the original copy of the O.R. together with the

pleading and supporting documents.
3. Forward the pleading, supporting documents and the

original copy of O.R. to the designated docket staff.
The designated docket staff and records staff shall:
1. Record the additional pleading in the appropriate logbook

and electronic database, if any.
2. Update the index file of the case.
1. Immediately route the additional pleading to the head

of office and/or duly designated assistant or unit for
appropriate action.
The head of office and/or other duly designated officer or

unit shall:
2. Assign the additional pleading to a prosecutor for

appropriate action, if necessary.
NOTE: The process of assigning a pleading to a


divulged to any of the parties involved. At this point,
the process is transferred to the prosecutor. The result
of the proceedings conducted by the assigned prosecutor
includes the issuance of a resolution on any motion filed
or any other appropriate action. The details of these
Manual. Please proceed to the next step below.
D. Service, Turnover and Release
DA. Subpoena

methods:



following to the records staff:
A copy of the subpoena (whether acknowledged

or not by the recipient).
The registry receipt, in case of mailed subpoena.
service.


record.

the case record.

the head of office.












END OF PROCESS FOR ADDITIONAL PLEADINGS

V. Court Orders AND Resolutions ON
APPEAL BEFORE OFFICES OF THE SECRETARY
OF JUSTICE, CHIEF STATE PROSECUTOR or
REGIONAL STATE PROSECUTOR
Court Orders include those that remand cases for reinvestigation,

dismissal of the case, or subpoena duces tecum. Resolutions on appeal
before the Offices of the Secretary of Justice, Chief State Prosecutor and
Regional State Prosecutors may contain actions on petitions for review
or may also remand cases for reinvestigation.
A. Receiving
Upon receipt of the Court Order or Resolution on appeal from

the Offices of the Secretary of Justice, Chief State Prosecutor
or Regional State Prosecutor, immediately forward the same
to the designated docket staff.
1. Record the Court Order or Resolution on appeal, as the

case may be in the appropriate logbook and electronic
database, if any.

1. Immediately route the court order or resolution on appeal

to the head of office or duly designated assistant or
unit for appropriate action.
The head of office and/or other duly designated officer or

unit shall:
2. Assign the court order or resolution on appeal to a

prosecutor for appropriate action, if necessary.
NOTE: The process of assigning a court order or resolution

on appeal to a prosecutor shall be strictly confidential
and shall not be divulged to any of the parties involved.
At this point, the process is transferred to the prosecutor.
The result of the proceedings conducted by the assigned
prosecutor includes the issuance of a resolution or any
other appropriate action. The details of these procedures
are covered under the Revised Prosecutors Manual.
Please proceed to the next step below.
DA. Subpoena (in Case of Reinvestigation)

methods:




service.

record.

the case record.

the head of office.













END OF PROCESS FOR COURT ORDERS AND

RESOLUTIONS ON APPEALED CASES

VI. PETITIONS FOR CERTIORARI

These are submitted to the Office of the Chief Prosecutor
for review and subsequent transmittal to the Office of the Solicitor
General.
A. Receiving

Check the petition in terms of compliance with the following

documentary requirements (using the Checklist on page 84
of this Handbook):
draft petition
case record
trial brief outlining proceedings of cases
documentary evidence
certified copies of decisions
certificate of non-forum shopping, and
copies of transcript of stenographic notes (TSN).
a. If the documents are incomplete or do not comply

with the requirements listed above, do not receive
the petition. Instead, advise the petitioner to submit
the requirements, listed above.
b. If the documents are complete, forward the petition

and supporting documents to the docket staff.

1. Record the petition in the appropriate logbook and

2. Create/update the index file of the case.

1. Immediately route the petition and supporting documents

to the Chief State Prosecutor and/or other duly
designated officer or unit for appropriate action.
The Chief State Prosecutor and/or other duly designated

assistant or unit shall:
2. Assign the petition and supporting documents to a

prosecutor for appropriate action.
NOTE: The process of assigning a petition for certiorari

to a prosecutor shall be strictly confidential and shall not
be divulged to any of the parties involved. At this point,
the process is transferred to the prosecutor. The result of
the proceedings conducted by the assigned prosecutor is
a draft petition and transmittal letter to the Office of the
Solicitor General (OSG). The details of these procedures
are covered under the Revised Prosecutors Manual.
Please proceed to the next step below.

D. Turnover and Release
The designated records staff and docket staff shall:
1. Within five (5) days after the draft petition and transmittal
letter have been signed by the Chief State Prosecutor,
release and transmit the complete case record to the
OSG.
2. Record the transmittal in the appropriate logbook, index

file and electronic database, if any, and properly file
copies of the signed petition and letter with proof of
transmittal/receipt in the office and/or case files.
END OF PROCESS FOR

PETITIONS FOR CERTIORARI

VII. SPECIAL PROCEEDINGS
These include civil cases involving annulment, adoption,

change of name, etc. for which prosecutors are tasked to conduct special
investigation proceedings as ordered by the Court.
A. Receiving
Upon receipt of the Court Order, forward the same to the

1. Record the Court Order in the appropriate logbook and

1. Immediately route the Court Order to the head of office

and/or other duly designated assistant or unit for
appropriate action by using any one or a combination of
the recommended methods:

specialization.

specialization.
prosecutors.
NOTE: The process of assigning the Court Order to a

divulged to any of the parties involved. At this point, the
process is transferred to the prosecutor. The result of the
action done by the assigned prosecutor will be a report
and other documents for submission to the court. Please
proceed to the next step below.
2. Forward the Court Order to the assigned prosecutor.

DA. In Case of a Subpoena

methods:




service.

record.

the case record.
NOTE: The applicable legal fees shall be assessed and

collected by the concerned staff when the parties appear
before the prosecutor pursuant to the subpoena.

DB. Transmittal of the Report to the Court
1. Check whether the report has been approved/disapproved

and signed by the head of office.
2. Reproduce/arrange the report and other documents for

release/ transmittal to the court and internal records
keeping.

parties.
4. Submit the report together with supporting documents to

the proper court.
5. Forward to the designated records staff copies of the

report and supporting documents duly acknowledged by
the court.
6. File the acknowledged copy of the report in the case

file.

END OF PROCESS FOR ADDITIONAL PROCEEDINGS

VII. OTHER ADMINISTRATIVE PROCEDURES
A. Turnover of Case Records to Another Prosecution

Office, or to the Offices of the Secretary of Justice,
Chief State Prosecutor or Regional State Prosecutor
This turnover of case records may be a result of transfer of

venue, inhibition of the office, or order of higher authority, among other
reasons.
1. Upon the directive of the head of office, retrieve and

prepare the complete case record/s for transmittal or
turnover to the concerned office.
2. Prepare a transmittal indorsement for the signature of

the head of office or the designated assistant containing
the details of the transfer/turnover of the complete case
record (please refer to the Sample Format F on page
3. Immediately after the indorsement has been signed by

the head of office or the designated assistant, update the
appropriate logbook, index file of the case, and electronic
database, if any.
4. Immediately transmit to the concerned office the

said complete case record together with the signed
indorsement of the head of office.

B. Complaints Cognizable by the Sandiganbayan
Complaints involving offenses committed by government

officials and employees undergo the same preliminary investigation
procedures found in this Handbook. The Office of the Ombudsman may
take over a case involving offenses cognizable by the Sandiganbayan at
any point prior to the resolution of the case. Resolutions on such cases
shall be subject to the approval of the Ombudsman.
BA. Preliminary Investigation
The same preliminary investigation procedures shall be

followed, up to the transmittal of recommendatory resolution and/or
case record/s to the Office of the Ombudsman.
1. Check whether the recommendatory resolution and/or

transmittal letter have been signed by the head of office
(please refer to Sample Format G on page 96 of this
Handbook).
2. Reproduce/arrange the documents for release/transmittal

to the Office of the Ombudsman.

BB. Inquest Cases
All inquest cases shall be received and docketed. However,

if the inquest prosecutor determines that the case is cognizable by
the Sandiganbayan, the case shall immediately be referred to the
Office of the Ombudsman or the local clerk of court.

1. Check whether the referral letter (please refer to Sample

Format H on page 97 of this Handbook) has been
2. Reproduce/arrange the documents.
3. Immediately transmit the case documents together with

the referral letter to the Office of the Ombudsman or the
local clerk of court.
4. Attach copies of the case documents and referral letter

together with the proof of transmittal/service/receipt in
the case file.
5. Update the appropriate logbook, index file and electronic

database, if any.
6. File copies of the referral letter in the case file.
C. Custody of Object Evidence
As a matter of policy, prosecutors and prosecution offices shall

not receive or take into custody object evidence, except in compliance
with Court Orders or directives of the Secretary of Justice.
The designated evidence custodian shall:
1. In case there is a Court Order or directive from the Secretary

of Justice, safeguard the evidence and maintain a record of
the following documents:

Court Order / DOJ directive
Letter of transmittal from the concerned law
enforcement agency
Official acknowledgment receipt of the object
evidence (using NPS Administrative Form No. 1 s.
2008 on page 103 of this Handbook) signed by the
designated evidence custodian, copy furnished the
concerned prosecutor and head of office
2. Whenever object evidence is retrieved by the concerned

prosecutor, require the prosecutor to personally sign the
logbook and an official acknowledgment receipt (using
NPS Administrative Form No. 1 s. 2008 on page 103 of this
Handbook).
END OF OTHER ADMINISTRATIVE PROCEDURES

Definition of Terms
For this Handbook, the following definitions shall apply.
Administrative Procedures/Processes see Procedure, Process.
Administrative Staff see Staff.
Assessment the determination of applicable legal fees.
Complaint/Case while the terms are technically different, this

Handbook refers to them interchangeably. In general, they will be taken
to mean criminal cases handled by prosecution offices for preliminary
investigation (PI) and court proceedings, excluding those specified as
civil cases.
Case Management is the handling or processing of cases by an office

or individual person primarily in terms of internal legal/administrative
procedures. Case management begins from the time of receipt up to
final action such as issuance/release of resolution, filing of information
in court and turnover of the case.
NOTE: Case records filing, storage, custody, retrieval, transmittal and

disposal are herein treated as part of office records management, not
case management.
Case Record refers to the entire set of records, including the

following:
The complaint - affidavits
Affidavits of witnesses
Supporting documents
Pieces of evidence (e.g., photographs, letters, etc.)
Docketing the assignment of an identification code/number to a new

complaint filed before the prosecution office after all documentary

requirements have been complied with and the applicable legal fees
have already been paid. Docketing also includes the recording of the
receipt and disposition of a complaint/case in the office docket book (or
any other appropriate logbook) and the electronic database, if any.
Docket Number number assigned to a new complaint, now termed as

NPS docket number (formerly I.S. number).
Documentary Requirements the original, duplicate original and/

or certified true copies of documents required relative to a particular
complaint/case/pleading.
Government Agency any government organization in all three (3)

branches including executive line departments/agencies, congress,
courts, and constitutional offices.
Parties the persons or organizations who are complainant/s and

respondent/s for a particular case.
Private Parties Parties that are not part of the government.
Procedure a series of steps followed in a regular definite order to

achieve or produce a certain output.
Administrative Procedures shall refer to procedures involving

administrative functions relative to document and case management.
Staff generally refers to one (1) or more personnel/employees in an

office.
Administrative Staff are those who perform general administrative

functions in an office. These functions are mainly records management,
personnel, supply, asset, financial and administrative case management
(e.g., assessment, collection of fees, receiving, docketing, recording,
routing and releasing).

The following are possible functions or roles that administrative
staff can perform. Note that offices with limitations on the number of
administrative staff, a staff may be designated with multiple functions.
Assessment determines the amount of applicable legal fees to

be collected, if any, from a party, counsel or representative or
any private individual.
Collection receives the payment/s for applicable legal fee/s
and issues the corresponding official receipt. Collection may
only be performed by DOJ-designated bonded permanent staff,
or others duly authorized by the head of office in behalf of the
one officially designated by the DOJ.
Docketing assigns NPS docket numbers on new complaints
and records the receipt disposition thereof in the office docket
book (or any other appropriate logbook) and the electronic
database, if any.
Evidence custodian receives object evidence in special
circumstances. The evidence custodian must safeguard the
integrity of the evidence. Note that the evidence custodian may
either be among the administrative staff or also the concerned
prosecutor.
Process Service serves the subpoenas and resolutions or
transmits documents (e.g., file Information in court) in connection
with a complaint/case.
Receiving receives documents (e.g., cases, complaints,
pleadings, etc.) for the office.
Records manages case records (including index files) in terms
of custody, updating, safekeeping, filing, storage, retrieval,
transmittal and disposition.
Validation checks the complete submission of the documentary
requirements. This may include:
Reviewing forms for completeness and correctness of
the information entered.
Checking whether all required documents have been
submitted.

Verifying if payments have been made.
Checking if the right number of copies has been
submitted.
Other tasks related to validating the compliance to
documentary requirements.
Legal Fee/s the amount/s computed by the assessment clerk based on

the DOJ-prescribed legal fees, to be collected by the collection staff and
subsequently deposited in a Special Trust Fund under R.A. No. 9279.

CHECKLISTS
Checklist 1: Complaints Directly Filed

Checklist 2: Complaints Referred by Law
Enforcement Agencies
Checklist 3: Inquest Cases
Checklist 4: Appeals/Petitions for Review
Checklist 5: Petitions for Certiorari

CHECKLIST. 1: Complaints directly filed by private individuals
and government agencies/entities

NATIONAL PROSECUTION SERVICE
_____________________
_____________________
(___) complaint-affidavit/sworn-statement of complainant/victim (5

copies plus number of respondents)
(___) affidavit/sworn-statement of witness/es (5 copies plus number
of respondents)

Supporting Documents, when required: (5 copies plus number of
respondents)
(___) Certificate to File Action, for offenses covered by the

Katarungang Pambarangay
(___) Medical certificate showing the nature and extent of
the injury, in cases of frustrated or attempted homicide,
murder, parricide, and physical injuries
(___) Police Investigation Report
(___) Police Sketches, in cases of vehicular collision
(___) Photographs, in cases of vehicular collision
(___) Inventory/List of articles/Items subject of the offense
with their respective values, in cases of theft, robbery,
violation of P.D. 532 (Anti-Piracy and Anti-Highway
Robbery), and violation of P.D.1612 (Anti-Fencing
Law)
(___) Gambling paraphernalia or its photograph, if any, item/
cash money (bet/wager), in cases of illegal gambling
(P.D.1602)

(___) Certification from the Traffic Management Group
or LTO, for violation of the Anti-Carnapping Law
(R.A.6539)
(___) Certification from the Firearms and Explosives Office
(FEO), in cases of illegal possession of firearms,
ammunitions and explosives (P.D.1866, as amended by
R.A. 8294)
(___) POEA Certification of Non-Licensee or Non-Holder of
Authority, in illegal recruitment cases
(___) Chemistry Report/Laboratory examination report
signed by forensic chemist, in cases of violation of
Dangerous Drugs Law/ Comprehensive Dangerous
Drugs Act (R.A. 9165)
(___) Death Certificate, in cases of parricide, murder,
homicide
(___) Authority to File Complaint signed the Commissioner
of Customs or Commissioner of Internal Revenue, for
violation of the Tariff and Customs Laws or National
Internal Revenue Code, respectively
(___) Investigation Data Form (NPS INV Form No. I); duly
accomplished and certified under oath by complainant (2
copies)
Where the victim/offender is a minor:
(___) birth certificate;

or dental chart accompanied by the certificate of the dentist;
or affidavit of any of the parent/disinterested person stating the
age and date of birth of the victim/offender
(___) certificate of discernment from the LSWD in cases covered by
R.A. 9344 (the Juvenile Justice and Welfare Act), in cases
where the offender is 15 years old and below 18 years old

CHECKLIST 2: Complaints referred by law enforcement agencies

_____________________
_____________________
(___) Referral letter by the law enforcement agency clearly stating

that it is a commencement of criminal action for a particular offense
(___) complaint-affidavit/sworn-statement of private complainant/
victim (5 copies plus number of respondents; must include
original copy)
(___) affidavit/sworn-statement of witnesses/es (5 copies plus number
of respondents; must include original copy)

Supporting Documents, when required: (5 copies plus number of
respondents)
(___) Medical certificate, in physical injuries cases

(___) Police Investigation Report
(___) Police Sketches, in cases of vehicular collision
(___) Photographs, in cases of vehicular collision
(___) POEA Certification of Non-Licensee or Non-Holder of
Authority, in illegal recruitment cases
(___) Death Certificate, in cases of parricide, murder,
homicide
(___) Authority to File Complaint signed the Commissioner
of Customs or Commissioner of Internal Revenue, for
violation of the Tariff and Customs Laws or National
Internal Revenue Code, respectively
(___) Investigation Data Form (NPS INV Form No. I); duly
accomplished and certified under oath by private complainant
(2 copies)

CHECKLIST 3: Inquest

__________________________
__________________________
(___) Affidavit of Arrest/Apprehension (and Affidavit of Turnover,

in case of citizens arrest); (5 copies plus number of persons
arrested/respondents)
(___) Investigation Report
(___) Affidavit of complainant and witnesses (5 copies plus number of
persons arrested/respondents)
(___) Investigation Data Form (NPS-INV Form No. 1) duly
accomplished and certified under oath by the law enforcer or
citizen effecting the arrest (2 copies)

Supporting documents, in specific cases:
a. Murder, Homicide and Parricide
(___) certified true/machine copy of the certificate of death of

the victim
(___) autopsy report and the certificate of post-mortem
examination, if already available
(___) marriage certificate, in parricide cases
b. Frustrated or Attempted Homicide, Murder, Parricide

and Physical Injuries
(___) medical certificate of the complaining witness/victim

showing the nature and extent of the injury and duration
of healing

(___) certification or statement as to duration of the treatment
or medical attendance
(___) certification or statement as to duration of incapacity for
work
(___) marriage certificate in frustrated or attempted parricide
cases
c. Violation of the Dangerous Drugs Law/Comprehensive

Dangerous Drugs Act of 2002 (R.A. 9165)
(___) chemistry report or certificate of laboratory examination

duly signed by the forensic chemist, or if unavailable,
field test results on the seized drug as attested to by a
PNP Narcotics Command operative or other competent
person
(___) machine copy or photograph of the buy-bust money, if
available
(___) affidavit of the poseur buyer, if any
d. Theft and Robbery, Violation of the Anti-Piracy and

Anti-Highway Robbery Law (P.D.532) and Violation of
the Anti-Fencing Law (P.D.1612)
(___) a list/inventory of the articles and items subject of

offense; and
(___) statement of their respective values
e. Rape, Seduction, and Forcible Abduction with Rape
(___) the medico-legal report (living case report) if the victim

submitted herself for medical or physical examination
f. Violation of the Anti-Carnapping Law (R.A.6539)
(___) machine copy of the certificate of motor vehicle

registration

(___) machine copy of the current official receipt of payment
of the registration fees of the subject motor vehicle
(___) photograph of the motor vehicle, if readily available
(___) certification from the Traffic Management Group/Land
Transportation Office
(___) other evidence of ownership
g. Violation of the Anti-Cattle Rustling Law (P.D.533)
(___) machine copy of the cattle certificate of registration;

and
(___) photograph of the cattle, if readily available
h. Violation of Illegal Gambling Law (P.D.1602)
(___) gambling paraphernalia

(___) photograph of the gambling paraphernalia, if any; and
(___) cash money, if any
i. Illegal Possession of Firearms, Ammunitions and

Explosives (P.D.1866, as amended by R.A. 8294)
(___) chemistry report duly signed by the forensic chemist;

and
(___) photograph of the explosives, if readily available
j. Violation of the Fisheries Law (P.D.704)
(___) photograph of the confiscated fish, if readily available

(___) photograph of fishing paraphernalia, if any; and
(___) certification of the Bureau of Fisheries and Aquatic
Resources

k. Violation of R.A. 9262 (VAWC)
(___) marriage contract/certificate, or affidavit/evidence of

dating relationship, if applicable; and
(___) barangay protection order (BPO), if any
Where the victim/offender is a minor:
(___) birth certificate;

or dental chart accompanied by the certificate of the dentist;
or affidavit of any of the parent/disinterested person stating the
age and date of birth of the victim/offender
(___) certificate of discernment from the LSWD in cases covered
by R.A. 9344 (the Juvenile Justice and Welfare Act), in cases
where the offender is 15 years old and below 18 years old

CHECKLIST 4: Appeals/Petitions for Review

OFFICE OF THE CHIEF STATE PROSECUTOR
P. Faura, Manila
(___) Verified Petition for Review (2 copies) stating /containing the

following:
(___) names and addresses of the parties involved

(___) NPS docket number (formerly I.S. number) and Criminal
Case No., if any; title of case including the offense
charged in the complaint
(___) 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
(___) Legible certified true copies of the complaint, affidavits/sworn-
statements
(___) Other evidence submitted by the parties during the preliminary
investigation
(___) Copy of the motion to defer proceedings as received by the court,
if the case has been filed in court

CHECKLIST 5: Petitions for Certiorari

OFFICE OF THE CHIEF STATE PROSECUTOR
P. Faura, Manila
(___) letter-request for the Chief State Prosecutor to endorse the

petition to the Office of the Solicitor General (OSG)
(___) draft petition for certiorari clearly stating the following:
(___) facts of the case, as well as the applicable law and

jurisprudence in support thereof
(___) verified statement of the date when notice of the judgment,
order or resolution subject thereof was received
(___) date of filing of a motion for reconsideration, if any, and
date of receipt of the order denying the same
Supporting documents:
(___) legible duplicate original or certified true copy of the

decision, judgment, or resolution or order subject of the
petition for certiorari. (If certified true copy, the same must
be accompanied by a certification accomplished by the clerk
of court or proper officer of the tribunal, board, commission
or office involved, as the case may be, or his duly authorized
representative) NOTE: Photocopies of alleged certified true
copies shall not be admitted

(___) Certification under oath that the requesting prosecutor has
not commenced any other action or proceeding involving the
same issues in the Supreme Court, Court of Appeals or any
other tribunal or agency
(___) Copy of the transcript of stenographic notes (TSN); case

record; trial brief outlining proceedings of case; and
documentary evidence, if readily available

SAMPLE FORMATS

NPS Administrative Sample Format A

_____________________________
_____________________________
_____________________________
____________________
_______________________
_______________________
_______________________
Sir / Madam:
This has reference to the criminal complaint for __________

which you filed against ___________________________ with the
Office of the (law enforcement agency) , and which was in
turn indorsed to this Office for preliminary investigation.
Please be informed that this office will not take any appropriate
action on your criminal complaint unless you comply with the following
requirements not later than five (5) working days from receipt hereof:
___ Pay an assessed fee in the amount of (P

) as prescribed under R.A. 9279, (An Act Granting
Additional Compensation in the Form of Special
Allowances for the National Prosecution Service and the
State Counsels in the Department of Justice)

___ Submit documents in such number of copies as follows:
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

Very truly yours,

________________________
Administrative Officer
CC: ________________________
________________________ (referring law enforcement agency)
File

NPS Administrative Sample Format B

_____________________________
_____________________________
_____________________________

1st Indorsement
(Date)
Respectfully returned to (name of official) ,

(referring office) , (address)
, the criminal complaint of (private complainant) ,
consisting of ___ pages, which complaint you referred to this Office for
preliminary investigation on (date referred) , with the information
that preliminary investigation did not commence due to the failure of
private complainant to comply with the requirement/s contained in our
letter dated _____________ (copy attached).

Very truly yours,

__________________________
CC: ________________________
________________________ (complainant)
File

NPS Administrative Sample

_____________________________
_____________________________
_____________________________

____________________
_______________________
_______________________
_______________________
Sir / Madam:
This has reference to your appeal/petition for review in I.S. No.

__________ entitled _________________ v. __________________,
which was received by this Office on (date) .
Please be informed that this Office will not take any appropriate
action on your appeal/petition for review unless you comply with the
following requirements not later than five (5) working days from receipt
hereof:
___ Pay an assessed fee in the amount of ________________

(P_________) as prescribed under R.A. 9279, (An
Act Granting Additional Compensation in the Form of
Special Allowances for the National Prosecution Service
and the State Counsels in the Department of Justice)

___ Submit documents in such number of copies as follows:
________________________________________
________________________________________
________________________________________
________________________________________
________________________________________
Very truly yours,
__________________________
CC: File

NPS Administrative Sample Format D

______________________
______________________
______________________

____________________
__________________
__________________
__________________
Dear _______________,
This refers to your petition for review of the resolution of the

Office of __________________ in I.S. No. _______________ finding
probable cause against __________ for ___________ (dismissing the
complaint against respondent ________ ).
In our letter dated _____________, we required you to pay the

assessed fees and complete the supporting documents within five (5)
working days from receipt thereof, otherwise, this Office will not take
any appropriate action on your appeal/petition for review. As of date,
we have not been favored with your compliance; hence, we are returning
your petition with the supporting documents.
Very truly yours,

__________________________
Head of Office
CC: Adverse party and Counsel

File

NPS Administrative Sample Format E

______________________
______________________
______________________
__________________
__________________
__________________
__________________
Dear _______________,
This refers to your petition for review of the resolution of the

Office of __________________ in I.S. No. _______________, which
we received by mail on ____________ , together with a managers
check/postal money order in the amount of PESOS ______________
(P________) in payment of docket/filing fees.
In this connection, we are transmitting to you the original copy

of Official Receipt No. _________ in the amount of P___________.
Thank you.
Very truly yours,

_______________________________
CC: Adverse party and Counsel

File

NPS Administrative Sample Format F

_____________________________
_____________________________
_____________________________

1st Indorsement
________Date______
Respectfully referred to ___________________ (name of

chief of office), _________________________________________
_______ (name of office), _________________________________
_ (address), for appropriate action, the complete case record of I.S.
No. ______________________, entitled ___________________
v. _________________ consisting of ___ pages, by reason of the
following:
_____ Transfer of venue

_____ Inhibition of the Office
_____ Order of higher authority
_____ Others: ________________________.

________________________
Head of Office
CC: ________________________
________________________ (complainant)
File
NPS Administrative Sample Format G

_____________________________
_____________________________
_____________________________

1st Indorsement
_____ (Date)_____
Respectfully forwarded to the Office of the Ombudsman, Agham

Road, Diliman, Quezon City, for appropriate action, the complete case
record of I.S. No. ______________________, entitled _________ v.
__________ consisting of ___ pages, together with the resolution of
this Office dated ____________.

______________________
Head of Office
CC: ________________________
________________________
(Complainant and Counsel)
________________________
________________________
(Respondent and Counsel)
File
NPS Administrative Sample Format H

_____________________________
_____________________________
_____________________________

1st Indorsement
_____(Date)_____
Respectfully referred to the Office of the Ombudsman, Agham

Road, Diliman, Quezon City/Clerk of Court, OCC, Regional Trial
Court of _________________, for appropriate action, the complete
case record of ____(Inquest Case No.)___, entitled ______________
v. _____________, consisting of ___ pages, with the information
that this Office did not act thereon as it is within the exclusive original
jurisdiction of the Sandiganbayan.

________________________
Head of Office
CC: ________________________
________________________
(Complainant)
________________________
________________________
(Respondent)
File
FORMS

NPS Investigation Form No. 01, s. 2008

National Prosecution Service
__________________________
__________________________
INVESTIGATION DATA FORM
To be accomplished by the Office
DATE RECEIVED : NPS DOCKET NO.:________________

(stamped and initialed): __________ Assigned to: _____________________
Time Received: ________________ Date Assigned:___________________
Receiving Staff:_________________
To be accomplished by complainant/counsel/law enforcer

(Use back portion if space is not sufficien
COMPLAINANT/S: Name, RESPONDENT/S: Name,
Sex, Age & Address Sex, Age & Address
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________
LAW/S VIOLATED: WITNESS/ES: Name &

______________________ Address
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________

COMPLAINANT/S: Name, RESPONDENT/S: Name,
Sex, Age & Address Sex, Age & Address
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________
DATE & TIME of PLACE of

COMMISSION: COMMISSION:
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________
______________________ ______________________
1. Has a similar complaint been filed before any other office? * YES ___ NO ___
2. Is this complaint in the nature of a counter-affidavit?* YES ___ NO ___
If yes, indicate details below.
3. Is this complaint related to another case before this office?* YES ___ NO ___
If yes, indicate details below.
I.S. No.: _____________________________________

Handling Prosecutor: ___________________________
C E R T I F I C A T I O N*
I CERTIFY, under oath, that all the information on this sheet are
true and correct to the best of my knowledge and belief, that I have not
commenced any action or filed any claim involving the same issues in any
court, tribunal, or quasi-judicial agency, and that if I should thereafter learn
that a similar action has been filed and/or is pending, I shall report that fact to
this Honorable Office within five (5) days from knowledge thereof.

_____________________________
(Signature over printed name)

SUBSCRIBED AND SWORN TO before me this day of
, 20 , in ________________________ .
_____________________________
Prosecutor Administering Oath
*1, 2, 3 and Certification need not be accomplished for inquest cases

NPS Administrative Form No. 01, s. 2008

_____________________________
_____________________________
_____________________________
RECEIPT OF OBJECT EVIDENCE
This is to acknowledge receipt of the following object

evidence in connection with I.S. No. ______________, entitled
____________ v. ____________ , specifically described as follows:
Quantity Description
________________ _________________________________
________________ _________________________________
________________ _________________________________
________________ _________________________________
________________ _________________________________

______________________________
(name and signature)
Designated Evidence Custodian
______________________
Date and Time
CC: ______________________ (prosecutor)

______________________ (head of office)
File

APPENDICES

APPENDIX A
Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Manila
16 November 2004
DEPARTMENT CIRCULAR NO. 63

TO : ALL PROSECUTORS IN THE NATIONAL
PROSECUTION SERVICE
SUBJECT: Guidelines in the Assessment and collection of

Legal Fees Pursuant to R.A. No. 9279 and its
Implementing Rules and Regulations
Attached is a copy of the Guidelines in the Assessment and

Collection of Legal Fees Pursuant to R.A. No. 9279 and its Implementing
Rules and Regulations for your information, guidance and compliance.
(signed)
RAUL M. GONZALEZ
Secretary

GUIDELINES IN THE ASSESSMENT AND
COLLECTION OF LEGAL FEES PURSUANT TO
R.A. NO. 9279 AND ITS IMPLEMENTING RULES
AND REGULATIONS
Pursuant to R.A. No. 9279 and its implementing Rules and

Regulations, the National Prosecution Service (NPS) of the Department
of Justice hereby adopts and promulgates the following Guidelines in
the assessment and collection of legal fees.
ARTICLE I
OBJECTIVES, SCOPE AND DEFINITION OF TERMS
SECTION 1. OBJECTIVE - This guidelines is prescribed to

attain the following objectives:
a) To provide for a uniform set of guidelines in the assessment

and collection of legal fees in all prosecution offices;
b) To promote a policy of full disclosure of all transactions
involving public interest;
c) To promote transparency and accountability in all phases of
providing prosecution and other legal services;
d) To provide an environment conducive to an expeditious and
judicious prosecution of cases and other legal services.
SECTION 2. SCOPE This Guidelines shall apply to the

NPS of the Department of Justice, complainants, movants, petitioners/
appellants and private individuals, government-owned and controlled
corporations (GOCCs), with or without original charter and government
financial institutions (GFIs).
SECTION 3. DEFINITION OF TERMS
1. a) ASSESSMENT CLERK shall refer to an employee in

the docket section of the Department of Justice charged with
assessing the amount of legal fees to be collected from a party,

counsel or representative or any private individual on the basis
of the Schedule of Legal Fees as prescribed under DOJ Circular
No. 42, series of 2004 (Annex A) and of docketing the same;
2. b) COLLECTION OFFICER shall refer to a bonded and

accountable permanent employee of the Department of Justice
charged with receiving payment/s for legal fee/s as assessed
by the assessment clerk and issuing the corresponding official
receipt.
3. c) FEES shall refer to the amount/s computed by the assessment

clerk based on the Schedule of Legal Fees, which amount/s shall
be collected by the collection officer and subsequently deposited
in a Special Trust Fund established under R.A. No. 9279; it/they
shall also refer to any increase in fees and new fees assessed and
collected for various services rendered by the NPS after May 16,
2004, the effectivity of R.A. No. 9279;
4. d) INDIGENT LITIGANTS shall refer to those whose gross

income (including those of their immediate family) do not exceed
an amount double the monthly minimum wage of an employee.

ARTICLE II
IMPLEMENTATION
SECTION 1. BASIS The legal fees assessed and collected

shall be based on the Schedule of Legal Fees adopted under DOJ
Department Circular No. 42 dated September 14, 2004.
SECTION 2. APPLICATION / PROCEDURE

A. GENERAL GUIDELINES
1. WHAT ARE ASSESSED AND COLLECTED
1.1. Legal fees shall be assessed and collected for criminal

complaints, appeals/petition for reviews, motions/
manifestations/ pleadings/ clearances/ certifications and
other services enumerated in the Schedule of Legal Fees;
1.2. For complaints involving offenses which are not subject to the
payment of legal fees, the complainant shall only be assessed
the legal payment of legal fee/s for motions/ pleadings/
manifestations, etc. filed under Item C; for appeals/ petition
for review under Item B; and for the performance of other
services under Item E of the DOJ Circular No. 42;
2. WHO ARE SUBJECT TO ASSESSMENT AND

COLLECTION OF LEGAL FEES
2.1. Complainants, movants, petitioners/ appellants and individual/

corporations requesting for clearances/ certifications and the
performance of other services;
2.2. Government owned controlled corporations, with or without
original charters; and
2.3. Government financial institutions.

3. WHO ARE EXEMPT FROM PAYMENT OF LEGAL
FEES
3.1. The Republic of the Philippines and its political subdivisions;

and
3.2. Indigent litigants. To qualify as an indigent litigant, he/she
shall be required to submit all of the following:
a) an affidavit attesting to her/his indigent status;

b) a certification from the Barangay Captain of the Barangay
where he/she resides certifying as to the fact of his/her status
as an indigent status; and
c) a certification from the local office of the DSWD stating
therein his/her status as an indigent.
4. FORMS OF PAYMENT
Payment in cash or postal money order in the exact amount shall

be paid to the collection officer designated by the Offices of the Chief
State Prosecutor, the Regional State Prosecutor/ Provincial Prosecutor
or the City Prosecutor, as the case may be.
5. NON-COMPLIANCE
5.1. Complaints filed for inquests, preliminary investigations

and for appeals/ petition for review shall not be acted upon
unless the legal fees have been paid;
5.2. No prosecutor shall initiate the conduct of the preliminary
investigation of a case or accept the filing of any motion/
manifestations/pleadings relative to such case as prescribed
under the Schedule of Legal Fees without proof that legal
fees have been paid.

B. SPECIFIC GUIDELINES
1. INQUEST
1.1. Upon receipt of the complaint, the Office of the Assistant

Chief State Prosecutor (ACSP-in-Charge) or the Chief Inquest
Officer of the City and Provincial Prosecution Offices shall
direct the law enforcement officer/ complainant to proceed
to the docket section for the assessment of the legal fee/s;
1.2. The assessment clerk shall determine the appropriate
or corresponding legal fee/s and accomplish the pre-
numbered assessment form (Annex B in triplicate copies.
The assessment clerk shall give the duplicate copy of the
assessment form to the complainant and shall retain the
original and triplicate copies thereof;
1.3. The complainant shall then pay the legal fees as assessed to
the collection officer.
1.3.1. Upon payment of the legal fee/s, the collection officer

shall issue the corresponding official receipt (OR) to the
complainant, indicate in the duplicate copy of the assessment
form, the O.R. Number, the date and the amount paid in the
space provided and retain the said duplicate copy of the
assessment form for his/her file;
1.4. The complainant shall present the original copy of the

official receipt to the assessment clerk for the docketing of
the case;
1.4.1. The assessment clerk shall record the O.R. Number,

the date and the amount paid in the space provided in the
original and triplicate copies of the assessment form. He/she
shall keep the original copy and shall attach the triplicate
copy to the case folder.

1.5. The complainant shall, after the case has been docketed,
proceed to the inquest prosecutor who shall initiate the
conduct of the inquest proceedings.
1.6. For inquest cases filed and conducted after office hours,
during Saturdays, Sundays and holiday, the inquest prosecutor
shall direct the complainant/s to return on the next working
day to pay the required legal fee/s, in accordance with the
aforementioned procedure.
1.7. In inquest cases brought before the Municipal Circuit Trial
Courts (MCTCs) or the Municipal Trial Courts (MTCs), the
reviewing provincial prosecutor shall, before initiating the
review of the case, refer the case to the assessment clerk for
the assessment of any legal fee/s to be collected. Thereafter,
within three (3) days from receipt of the record, said reviewing
provincial prosecutor shall inform the complainant/s in
writing the amount of legal fees to be paid within a period
of ten (10) days from receipt thereof . Fifteen (15) days from
the time that the first letter was mailed, a tracer letter shall be
sent. Failure of the complainant/s to pay the corresponding
legal fee/s within the prescribed period shall be a basis for
not acting upon the review of the case.
2. REGULAR PRELIMINARY INVESTIGATION
2.1. Upon receipt of the complaint, the assessment clerk shall

determine the appropriate or corresponding legal fee/s and
accomplish the pre-numbered assessment form (Annex B)
in triplicate copies, give the duplicate copy of the assessment
form to the complaint and retain the original and triplicate
copies;
2.2. The complainant shall pay the legal fees as assessed, to the
collection officer.
2.2.1 Upon payment of the legal fees, the collection

officer shall issue the corresponding official receipt to

the complainant, indicate on the duplicate copy of the
assessment form, the O.R. Number, the date and the amount
paid in the space provided and retain the duplicate copy of
the assessment form for his/her file.
2.3 The complainant shall present the original copy of the

official receipt to the assessment clerk for the docketing of
the case;
2.3.1. The assessment clerk shall record the O.R. number,

original and triplicate copies of the assessment form. He/she
shall keep the original copy and attach the triplicate copy to
the case folder.
2.4 The complainant shall, after the case has been docketed, be
advised by the assessment clerk that his/her complaint will
be forwarded to the ACSP-in-Charge/ RSP/ City/ Provincial
prosecutor for assignment to an investigating prosecutor;
2.5 If the complaint is filed by a law enforcement officer or

through the mail, the assessment clerk shall, within three
(3) days from receipt of the complaint, send a letter to the
private complainant directing the latter to pay the legal
fees as assessed, within ten (10) days from receipt thereof;
otherwise the complainant shall not be acted upon.
2.5.1. The assessment clerk shall send a tracer letter to the

private complainant within fifteen (15) days from date that
the first letter was sent, directing the latter to pay the legal
fees as assessed. Failure to pay the corresponding legal fee/s
within prescribed period shall be a basis for the concerned
prosecution office not to act on the complaint;
2.6 The investigating prosecutor, upon receipt of the case folder,

shall ensure that the legal fees were properly assessed and

paid. Any discrepancy/ies in the assessment and/or payment
of the legal fees shall be reported to the CSP/ RSP/ PP/ CP
for appropriate action.
2.7 In the preliminary investigation brought before the MCTC

and the MTC, the same procedure under B 1.7 of these
Guidelines shall be followed.
3. PETITIONS FOR REVIEW/APPEALS
3.1. Upon receipt of the petition for review/appeal filed with

the Department of Justice or the Office of the Regional
State Prosecutors, the assessment clerk shall determine the
appropriate or corresponding filing fee/s and accomplish
the pre-numbered assessment for (Annex B) in triplicate
copies, give the duplicate copy to the complainant and retain
the original and triplicate copies;
3.2. The complainant shall pay the legal fees as assessed to the
collection officer.
3.2.1. Upon payment of the legal fees, the collection officer

shall issue the corresponding official receipt to the petitioner/
appellant. He/she shall indicate in the duplicate copy of the
assessment form, the O. R. number, the date and the amount
paid in the space provided, and retain the said duplicate copy
of the assessment form for his/her file;
3.3. The petitioner/appellant shall present the original copy of

the official receipt to the assessment clerk for the docketing
of the case;
3.3.1. The assessment clerk shall record the O. R. number,

original and triplicate copies of the assessment form, keep

the original copy and attach the triplicate copy to the case
folder;
3.4. If the petition/appeal is filed by mail, the assessment clerk

shall, within three (3) days from receipt of the petition
for review/appeal, send a letter to the petitioner/appellant
directing the latter to pay the legal fees as assessed within
ten (10) days from receipt thereof; otherwise, the petition/
appeal shall be dismissed outright.
3.4.1. The assessment clerk shall send a tracer letter to the

private complainant fifteen (15) days after the date when the
first letter was sent, directing the latter to pay the legal fees
assessed. Failure on the part of the complainant to pay the
corresponding legal fee/s within the prescribed period shall
be a basis for the concerned prosecution office not to act on
the complaint.
3.5. The evaluating/reviewing prosecutor, upon receipt of the

case folder, shall ensure that the proper fees were assessed
and paid. Any discrepancy/ies as to the assessment and
payment of legal fees shall be reported to the CSP or RSP
for appropriate action
4. MOTIONS/MANIFESTATIONS AND OTHER

PLEADINGS
4.1. Upon receipt of the written interlocutory motion/

manifestation/pleading personally filed by the movant
in connection with the complaint pending preliminary
investigation, the assessment clerk and the collection officer
shall respectively assess and collect payment/s in accordance
with the procedure stated in 2.1 to 2.3. In case said motion/
manifestation/pleading is presented for filing directly with
the investigating prosecutor, the latter shall direct the movant/

pleader to proceed to the assessment clerk and collection
officer for the assessment and payment of legal fees.
4.2. The investigating prosecutor, upon receipt of the OR, triplicate

copy of the assessment form and motion/manifestation/
pleading, shall ensure that the proper fees were assessed and
paid. Otherwise, the investigating prosecutor shall report
any discrepancy/ies in the assessment and collection of fees
to the CSP/RSP/PP/CP for appropriate action.
4.3. Interlocutory motions/manifestation/s and other pleadings

filed by mail shall be treated in like manner under 3.3 of this
Guidelines.
4.4. Prior to the receipt of his/her copy of a motion to reduce

bail or release of a motor vehicle or release of cash bond in
connection with cases pending in court, the trial prosecutor
shall inform the movant to proceed to the assessment
clerk for the assessment of legal fees and to the collection
officer for the payment thereof. No motion/manifestation/
pleading referred to in this section shall be received by the
trial prosecutor for comment unless the movant pays the
corresponding legal fee/s.
4.5. The trial prosecutor, upon receipt of the O. R., triplicate copy
of the assessment form and motion/manifestation/pleading,
shall ensure that the proper fees were assessed and paid. Any
discrepancy/ies in the assessment and collection of the legal
fees shall be reported to the office of the CSP/RSP/PP/CP for
appropriate action.
5. CLEARANCES AND CERTIFICATIONS
5.1. Upon receipt of the request for the issuance of clearances/

certifications by the CSP, ORSP, CP or PP, the assessment
clerk and the collection officer shall assess and collect

respectively the payment of legal fees in accordance with
the procedure for assessing and collecting legal fees in
preliminary investigation cases.
5.2. A DOJ employee requesting for a certification of employment

or a certification that he/she has no pending criminal or
administrative case for his/her own personal use, shall be
charged the corresponding legal fee.
6. OTHER SERVICES
6.1. In special proceedings requiring the services of the prosecutor

such as in adoption, annulment, and legal separation cases
and land registration proceedings, the prosecutor concerned,
after receiving the order from the court, must inform the
petitioner that he/she should pay the prescribed legal fee/s
before the desired action can be initiated.
C. MISCELLANEOUS PROVISIONS
1. The assessment clerk shall maintain separate logbooks for in-

quest cases, regular preliminary investigations and appeals/peti-
tions for review which shall contain the following information:
a) Date filed
b) Assessment Form No.
c) Assessed Amount
d) Official Receipt No.
e) Date of Payment
f) Amount Paid
g) Investigation Slip No.
h) Complainant/s
i) Respondent/s
j) Offense/s charged
k) Remarks

2. A logbook for undocketed complaints shall likewise be main-
tained which shall contain the following information:

a) Date received
b) Complaint/s
c) Respondent/s
d) Offense/s charged
e) Remarks
2.1. Upon payment of the corresponding legal fee/s, the

assessment clerk shall log the relevant information in the
logbook for docketed cases.
3. A logbook shall also be maintained for motions/ manifestation/

pleadings/etc. for consideration or comment of prosecutors,
clearances and other services which shall contain the following
information:

a) Date Filed
b) Assessment Form No.
c) Assessed Amount
d) Official Receipt No.
e) Date of Payment
f) Amount Paid
g) Purpose
h) Requesting Party/ies /Movant/s
i) Remarks
4. The collection officer shall prepare and submit monthly reports of

collection noted by the CSP/RSP/PP/CP, within the first five (5)
days of the succeeding month and the audited monthly reports
within the next five (5) days, to the Finance and Management
Service (FMS) of the Department of Justice.

5. Fees actually collected shall be deposited with the Bureau of Trea-
sury by the FMS as a Special Trust Fund in accordance with the
IRR.
SECTION 3. INFORMATION AND DISSEMINATION

The Offices of the Chief State Prosecutor, Regional State Prosecutor,
Provincial Prosecutor and City Prosecutor shall, in cooperation with
each other, undertake a vigorous information dissemination campaign
in order to inform the public of the provision of this Guidelines, within
thirty(30) days from the effectivity thereof.
SECTION 4. OVERSIGHT COMMITTEE An oversight

committee shall be established in the Office of the Chief State
Prosecutor to monitor the effective and efficient implementation of this
Guidelines.
ARTICLE III
SECTION 1. SEPARABILITY CLAUSE If any or part of

this Guidelines is declared unconstitutional or illegal, the other parts or
provisions which are not affected thereby shall remain in full force and
effect.
ARTICLE IV
EFFECTIVITY
SECTION 1. EFFECTIVITY This Guidelines shall take

effect fifteen (15) days after its publication in the Office Gazette and in
two (2) newspapers of general circulation.
(signed)
RAUL M. GONZALEZ
Secretary

ANNEX A
Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Manila
September 14, 2004
TO : ALL CONCERNED
SUBJECT: COLLECTION OF LEGAL FEES BY THE

Pursuant to the provisions of Republic Act No. 9279 and its

Implementing Rules and Regulations, the attached Schedule of Legal
Fees by the National Prosecution Service is hereby adopted.
The Offices of the Chief State Prosecutor, Regional State

Prosecutors, Provincial and City Prosecutors are directed to assess and
collect legal fees stated therein.
The Office of the Chief State Prosecutor is hereby authorized to

formulate and issue guidelines to carry out this Department Circular.
The Department Circular shall take effect fifteen (15) days after
publication in two (2) newspapers of general circulation.
(signed)
RAUL M. GONZALEZ
Secretary

ANNEX B

SCHEDULE OF LEGAL FEES*
A. CRIMINAL COMPLAINTS FEE

1. ESTAFA/ VIOLATION OF TRUST RECEIPT LAW
/ BUSINESS SCAM / FINANCIAL FRAUD
Amount of Damage:
Up to P50,000.00 P 150.00
Over 50,000.00 200.00
Over 100,000.00 300.00
Over 150,000.00 400.00
Over 200,000.00 500.00
Over 250,000.00 600.00
Over 300,000.00 700.00
Over 350,000.00 800.00
Over 400,000.00 900.00
Over 500,000.00 1,000.00
Additional P10.00 for every P1,000.00
2. LIBEL 1,000.00
3. RECKLESS IMPRUDENCE 200.00
4. ORAL DEFAMATION 200.00
5. MALICIOUS MISCHIEF / ALL OTHER CASES 200.00

WITH DAMAGES
6. QUALIFIED THEFT 200.00
7. CARNAPPING 5,000.00 for

trucks, cars and
motorcycle; 1,000
for buses
* Indigent litigants, the Republic of the Philippines, its agencies and
instrumentalities other than government owned and controlled corporation,
are exempted from the payment of legal fees.

8. VIOLATION OF B.P. 22 50% of fees for
estafa; if filed w/
estafa, no charges
9. VIOLATION OF R.A. 7832 (Electric Pilferage) 2,000.00
10. VIOLATION OF SSS / PAG-IBIG LAWS 5% of collectible

amount
11. ILLEGAL RECRUITMENT 100.00
12. VIOLATION OF R.A. 8041 (Water Pilferage) 1,000.00
13. INTELLECTUAL PROPERTY LAW 5,000.00
14. VIOLATION OF SUBDIVISION / 300.00

CONDOMINIUM LAW
15. VIOLATION OF P.D. 1083 (Code of Muslim 500.00

Personal Laws)
B. APPEALS / PETITION FOR REVIEW
1. TO THE REGIONAL STATE PROSECUTORS 500.00
2. MOTION FOR RECONSIDERATION OF 300.00

THE RESOLUTION OF REGIONAL STATE
PROSECUTORS
3. TO THE CHIEF STATE PROSECUTOR / 1,000.00

SECRETARY

THE RESOLUTION OF THE CHIEF STATE
PROSECUTOR / SECRETARY

C. MOTIONS / PLEADINGS ETC. FOR
CONSIDERATION OR COMMENT OF
PROSECUTORS
1. MOTION TO REDUCE BAIL 100.00
2. MOTION FOR RELEASE OF MOTOR VEHICLES 200.00
3. AFFIDAVIT OF DESISTANCE 500.00 (Prosecutors

Office); 500.00
(RTC); 300.00 (MTC)
4. MOTION FOR POSTPONEMENT IN 100.00

PRELIMINARY INVESTIGATION
5. MOTION FOR RELEASE OF CASH BOND 100.00

RESOLUTION IN PRELIMINARY INVESTIGATION
7. MOTION FOR REINVESTIGATION 500.00
8. MOTION FOR INHIBITION OF PORSECUTOR 200.00
D. CLEARANCES ISSUED FOR:
1. LOCAL EMPLOYMENT 50.00
2. FOREIGN EMPLOYMENT 100.00
3. FOREIGN TRAVEL 200.00
4. FIREARMS LISCENSE 1,000.00
5. PERMIT TO CARRY FIREARMS 500.00


6. BUSINESS PERMIT 300.00
7. RETIREMENT / RESIGNATION 100.00
E. OTHER SERVICES
1. MEDIATION 500.00
2. SPECIAL PROCEEDINGS REQUIRING 500.00

APPEARANCE OF PROSECUTOR
3. ADMINISTRATION OF OATH 50.00
4. CERTIFICATION RE: STATUS OF CASES, TRUE 30.00 + 2.00/page

COPY OF DOCUMENTS, EXHBITS ETC. in excess of 3
pages



DEPARTMENT OF JUSTICE
National Prosecution Service
No. ___________
Date:__________
ASSESSMENT FORM
Please Issue Official Receipt in favor of Mr./Ms. ___________________

_________________ of _________________________________________
with the corresponding amount below:
RE: I.S. / C.C. ________________________
___________________ v. ___________________
Complainant Respondent
_________________________________________
Offense/s Charged
_______ A. Personally filed

_______ B. Mailed
Postal Money Order Number: ____________
Amount: ____________
Items Fees
_______ A. Criminal Complaints P _________
Offense/s ______________________________
_______ B. Appeals/ Petition for Review P _________

___ a. to the RSP (P500)
___ b. MR of the reso of RSP (P300)
___ c. to the CSP (P1,000)
___ d. to the Secretary (P1,000)
___ e. MR of the reso of the CSP/Sec. (P500)
_______ C. Motion / Pleadings etc. for consideration or

comment of Prosecutors P _________
___ 1. Motion to reduce bail (100)
___ 2. Motion for release of motor vehicles (P200)
___ 3. Affidavit of desistance
___ Prosecutors office (500)
___ RTC P500
___ MTC P300

___ 4. Motion for postponement in Prelim. Inv. (P100)
___ 5. Motion for release of cash bond (P100)
___ 6. Motion for recon. of reso. in Prelim. Inv. (P500)
___ 7. Motion for reinvestigation / re-opening (P500)
___ 8. Motion for Inhibition of prosecutor (P200)
_______ D. Other Services

___ 1. Mediation / conciliation (P500)
___ 2. Special Proceedings requiring appearance of
prosecutors (P500)
___ 3. Administration of Oath (P50)
___ 4. Certification (P30)
___ a. Status of cases
___ b. no pending case / appeal
___ c. other/s ____________________
___ 5. Certified True Copy of resolution/documents/
exhibits/ others (Pls. specify) ____________
____________________________________
First three (3) pages (P30)
in excess of three (3) pages (P2. per page) _____
Number of copies ________
TOTAL P __________
_____________________________________
Authorized Signature
Paid Under O.R. No. : _________________

Date : _________________
Amount Pd. : _________________

H. No. 6654
S. No. 2709

Congress of the Philippines
Metro Manila
Twelfth Congress
Third Regular Sessions
Begun and held in Metro Manila, on Monday, the twenty-eighth day of

July, two thousand three.
(REPUBLIC ACT NO. 9279)
AN ACT GRANTING ADDITIONAL COMPENSATION IN THE

FORM OF SPECIAL ALLOWANCES FOR THE MEMBERS OF
THE NATIONAL PROSECUTION SERVICE AND THE STATE
COUNSELS IN THE DEPARTMENT OF JUSTICE AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:
SECTION 1. Declaration of Policy. - It is hereby declared

the policy of the State to maintain and keep a roster of qualified,
committed and efficient government prosecutors, prosecution attorneys,
state counsels and undersecretaries who have direct supervision over
prosecutors and state counsels in the Department of Justice (DOJ) by
providing them with incentives commensurate to their positions and
functions.
SEC. 2 . Grant of Special Allowances. - To carry out the declared

policy of this Act, all members of the National Prosecution Service, the
Office of the Chief State Counsel and the undersecretaries who have

directive supervision over the prosecutors and state counsels in the DOJ
shall be granted special allowances in amounts to be determined by the
Secretary of the Department of Budget and Management (DBM) and
the Secretary of Justice.
The grant of special allowances shall be in such amounts and up

to the extent only that can be supported by the funding source specified
in Section 3 hereof: Provided, That the said special allowance shall not
exceed one hundred percent (100%) of the basic salary of prosecutors,
state counsels and undersecretaries concerned, as provided in Republic
Act No. 6758, otherwise known as the Salary Standardization Law, as
amended.
Sec. 3. Funding Source. - The amount necessary to implement

the additional compensation in the form of special allowances granted
under this Act shall be sourced from the collections of the National
Prosecution Service and the Office of the Chief State Counsel of the
Office of the Secretary of Justice from any increase in fees or new fees
that they are hereby authorized to assess for various services rendered
in accordance with Section 54, Chapter 12, Book IV of Executive Order
No. 292, otherwise known as the Administrative Code of 1987, Batas
Pambansa Bldg. 325, and other laws. These collection shall be deposited
as a Special Trust Fund which shall be administered by the Secretary
of Justice for the benefit of the members of the National Prosecution
Service, the Office of the Chief State Counsel and the undersecretaries
concerned, and shall be made available for payment of benefits herein
provided.
SEC. 4. Effects of Subsequent Salary Increases. - Upon

implementation of any subsequent increases in the salary rates provided
under Republic Act No. 6758, as amended, all special allowances granted
under this Act to the members of the National Prosecution Service, the
Office of the Chief State Counsel and the undersecretaries who have
direct supervision over the prosecutors and state counsels shall be
considered as an implementation of the said salary increases as may be
provided by law. The special allowance equivalent to the increase in

the basic salary as may be provided by law shall be converted as part of
basic salary: Provided, That the amounts converted as basic salary shall
be funded from the regular appropriations of the Department of Justice.
Any excess in the allowances granted under this Act not converted as
basic salary shall continue to be granted as such and shall continue to be
funded under Section 3 of this Act.
SEC. 5. Implementing Rules and Regulations. - The DBM and

the DOJ shall issue the necessary rules and regulations for the effective
implementation of this Act not later than ninety (90) days from approval
hereof.
SEC. 6. Repealing Clause. - All laws, decrees, orders, rules and

regulations or parts thereof which are inconsistent with the provision of
this Act are hereby repealed or modified accordingly.
SEC. 7. Separability Clause. - If any provision of this Act is

declared invalid or unconstitutional, the provisions not affected thereby
shall continue to be in full force and effect.
SEC. 8. - Effectivity Clause. - This Act shall take effect fifteen

(15) days after is publication in at least two (2) national newspapers of
general circulation.
Approved,

(signed) (signed)
FRANKLIN M. DRILON JOSE De VENECIA, JR.
President of the Senate Speaker of the House
of Representatives

This Act which is a consolidation of House Bill No. 664 and Senate Bill
No. 2709 was finally passed by the House of Representatives and the
Senate on February 4, 2004.
(signed) (signed)
OSCAR G. YABES ROBERTO P. NAZARENO
Secretary of the Senate Secretary General
House of Representatives
APPROVED: 30 March 2004
(signed)
GLORIA MACAPAGAL-ARROYO
President of the Philippines

APPENDIX B
DEPARTMENT CIRCULAR NO. 70-A
SUBJECT: DELEGATION OF AUTHORITY TO

REGIONAL STATE PROSECUTORS TO RESOLVE
APPEALS IN CERTAIN CASES
July 10, 2000
In order to expedite the disposition of appealed cases governed

by Department Circular No. 70 dated July 3, 2000 (2000 NPS RULE
ON APPEAL), all petitions for review of resolutions of Provincial/
City Prosecutors in cases cognizable by the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Trial Courts, except in
the National Capital Region, shall be filed with the Regional State
Prosecutor concerned who shall resolve such petitions with finality in
accordance with the pertinent rules prescribed in the said Department
Circular.
The foregoing delegation of authority notwithstanding, the

Secretary of Justice may, pursuant to his power of supervision and
control over the entire National Prosecution Service and in the interest
of justice, review the resolutions of the Regional State Prosecutors in
appealed cases.
This Circular shall be published once in two (2) newspapers

of general circulation, after which it shall take effect on September 1,
2000.
(signed)
ARTEMIO G. TUQUERO
Secretary of Justice

SUBJECT: 2000 NPS RULE ON APPEAL

July 3, 2000
In the interest of expeditious and efficient administration of justice and

in line with recent jurisprudence, the following Rule governing appeals
from resolutions of prosecutors in the National Prosecution Service, to
be known as the 2000 NPS Rule on Appeal, is hereby adopted.
SECTION 1. Scope. - This Rule shall apply to appeals from

resolutions of the Chief State Prosecutor, Regional State Prosecutors
and Provincial/City Prosecutors in cases subject of preliminary
investigation/ reinvestigation.
SECTION 2. Where to appeal. An appeal may be brought to the

Secretary of Justice within the period and in the manner herein
provided.
SECTION 3. Period to appeal. The appeal shall be taken within fifteen

(15) days from receipt of the resolution, or of the denial of the motion
for reconsideration/reinvestigation if one has been filed within fifteen
(15) days from receipt of the assailed resolution. Only one motion for
reconsideration shall be allowed.
SECTION 4. How appeal taken. An aggrieved party may appeal by

filing a verified petition for review with the Office of the Secretary,
Department of Justice, and by furnishing copies thereof to the adverse
party and the Prosecution Office issuing the appealed resolution.
SECTION 5. Contents of petition. - The petition shall contain or state:

(a) the names and addresses of the parties; (b) the Investigation Slip
number (I.S. 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.
The petition shall be accompanied by 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.
If an Information has been filed in court pursuant to the appealed

resolution, a copy of the motion to defer proceedings filed in court
must also accompany the petition. The investigating/reviewing/
approving prosecutor shall not be impleaded as party respondent in the
petition. The party taking the appeal shall be referred to in the petition
as either Complainant-Appellant or Respondent- Appellant.
SECTION 6. Effect of failure to comply with requirements. The failure

of the petitioner to comply with any of the foregoing requirements
shall constitute sufficient ground for the dismissal of the petition.
SECTION 7. Action on the petition. The Secretary of Justice may

dismiss the petition outright if he finds the same to be patently without
merit or manifestly intended for delay, or when the issues raised
therein are too unsubstantial to require consideration. If an Information
has been filed in court pursuant to the appealed resolution, the
petition shall not be given due course if the accused had already been
arraigned. Any arraignment made after the filing of the petition shall
not bar the Secretary of Justice from exercising his power of review.
SECTION 8. Comment. Within a non-extendible period of fifteen (15)

days from receipt of a copy of the petition, the adverse party may file
a verified comment, indicating therein the date of such receipt and
submitting proof of service of his comment to the petitioner and the
Prosecution Office concerned. Except when directed by the Secretary
of Justice, the investigating/reviewing/approving prosecutor need not
submit any comment.

If no comment is filed within the prescribed period, the appeal shall be
resolved on the basis of the petition.
SECTION 9. Effect of the appeal. Unless the Secretary of Justice

directs otherwise, the appeal shall not hold the filing of the
corresponding Information in court on the basis of the finding of
probable cause in the appealed resolution.
The appellant and the trial prosecutor shall see to it that, pending
resolution of the appeal, the proceedings in court are held in abeyance.
SECTION 10. Withdrawal of appeal. Notwithstanding the perfection

of the appeal, the petitioner may withdraw the same at any time before
it is finally resolved, in which case the appealed resolution shall stand
as though no appeal has been taken.
SECTION 11. Reinvestigation. If the Secretary of Justice finds it

necessary to reinvestigate the case, the reinvestigation shall be held by
the investigating prosecutor, unless, for compelling reasons, another
prosecutor is designated to conduct the same.
SECTION 12. Disposition of the appeal. The Secretary may reverse,

affirm or modify the appealed resolution. He may, motu proprio or
upon motion, dismiss the petition for review on any of the following
grounds:
That the petition was filed beyond the period prescribed in

Section 3 hereof;
That the procedure or any of the requirements herein provided

has not been complied with;
That there is no showing of any reversible error;
That the appealed resolution is interlocutory in nature, except

when it suspends the proceedings based on the alleged
existence of a prejudicial question;

That the accused had already been arraigned when the appeal
was taken;
That the offense has already prescribed; and
That other legal or factual grounds exist to warrant a dismissal.
SECTION 13. Motion for reconsideration. The aggrieved party may

file a motion for reconsideration within a non-extendible period of
ten (10) days from 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 shall be entertained.
SECTION 14. Repealing clause. This Circular supersedes Department

Order No. 223 dated June 30, 1993 and all other Department issuances
inconsistent herewith.
SECTION 15. Effectivity. This Circular shall be published once in two

(2) newspapers of general circulation, after which it shall take effect
on September 1, 2000.
(signed)
ARTEMIO G. TUQUERO
Secretary of Justice

APPENDIX C
VALIDATION SESSION PARTICIPANTS
1st VALIDATION SESSION

City Garden Suites, Mabini, Manila
6-7 March 2008
Region 1
1. ARSP Zenaida M. Ferrer ORSP

2. CP Myra Sheila M. Nalupta-Barna-OCP Batac City
3. CP Emmylou Rubang-Mangasar- OCP Candon City
4. Ms. Elisa A. Daodao OPP Benguet
5. Ms. Jemalyn D. Palateo ORSP
Region II
6. SP II Ronnel B. Nicolas ORSP, Tuguegarao City

7. PP Amador T. Arao OPP Cagayan
8. 2nd APP Dinahlyn S. Gelacio OPP Isabela
9. lst ACP Mercedes P. Baez OCP Tuguegarao City
10. ACP Cherry Marie A. Madrid OCP Santiago City
11. Ms. Jonalyn D. Tallod ORSP
12. Mr. Calixto P. Danao OPP Cagayan
13. Mr. Ernesto T. Paguirigan OPP Isabela
14. Mr. Conrado S. Gaffuy OPP Nueva Viscaya
Region III
15. CP Eufracio S. Marquez OCP Meycauayan City

16. lst APP Floro F. Florendo OPP Nueva Ecija
17. 2nd ACP Oliver S. Garcia OCP Angeles City
18. Mr. Elvin G. Simon OPP Pampanga
19. Mr. Aristotle B. Mercado OCP Angeles City

20. Ms. Ma. Theresa A. Maclang OPP Bulacan
21. Mr. Jaime P. Navarro OCP Olongapo City
Region IV
22. PP Josephine Caranzo-Olivar OPP Mindoro Oriental

23. CP Miguel Noel T. Ocampo OCP Calamba City
24. CP Alfredo P. Juarez, Jr. - -OCP Tayabas City
25. Ms. Eloisa B. Briones ORSP
26. Ms. Rizalina R. Espina - OCP Batangas City
27. Ms. Josephine A. Desembrana OCP Lucena City
28. Ms. Eva B. Fule OCP San Pablo City
Region V
29. RSP Mary May B. De Leoz ORSP

30. SP II Maria Visia O. Maldo ORSP
31. SP II Joyce O. Guerrero ORSP
32. PP Regina Coeli F. Gabito OPP Sorsogon
33. CP Edmundo O. Legaspi OCP Masbate City
34. lst APP Annalie T. Velarde OPP Camarines Norte
35. Ms. Fidelia T. Villaver OCP Naga City
36. Ms. Esther R. Mendoza OPP Masbate
37. Mr. Leonardo C. Carido OPP
38. Ms. Maria Rosario E. Sempuego OPP Camarines Sur
2nd VALIDATION SESSION

Cebu Waterfront Hotel, Lahug, Cebu City
3-4 April 2008
Region VI
1. SP II Kenneth John N. Amamanglon ORSP

2. 4th ACP Peter D. Baliao OIC-OCP Iloilo
3. PP Daniel M. Villaflor OPP Negros Occidental

4. Ms. Remedios A. Jamelo ORSP
5. Ms. Consolacion E. Pacificar OPP Iloilo
6. Mr. Henry P. Dela Cruz OCP Iloilo
7. Mr. Virgilio L. Leeping OPP Negros Occidental
8. Ms. Myrna S. Veegas OCP Bacolod City
Region VII
9. RSP Fernando K. Gubalane ORSP

10. SP II Llena G. Ipong-Avila ORSP
11. CP Nicolas C. Sellon OCP Cebu City
12. CP Aida A. Sanchez OCP, Naga City
13. lst APP Macario I. Delusa OPP Bohol
14. PP Diosdado D. Hermosa OPP Oriental Negros
15. Ms. Jasmine O. Miro ORSP
16. Ms. Letecia A. Lacsican OCP Dumaguete City
17. Ms. Milagros B. Oncog OCP Tagbilaran
18. Ms. Cecil B. Gadrinab OPP Cebu
Region VIII
19. RSP Francisco Q. Aurillo, Jr. - ORSP

20. ARSP Bibiano C. Reforzado ORSP
21. PP Cesar M. Merin OPP Leyte
22. APP Agustin M. Avalon OPP, Western Samar
23. lst APP Carlos R. Daiz, Jr. - OIC-OCP, Catbalogan, Samar
24. Ms. Alma R. Ballete ORSP
25. Mr. Alfredo A. Bardaje OPP Wester Samar
26. Ms. Norma I. Carbonilla - OPP Southern Leyte
27. Ms. Cesaria N. Cazon OCP Calbayog City
28. Mr. Elias U. Vivero, Jr. - ORSP

3rd VALIDATION SESSION
Cherry Blossoms Hotel, Manila
12 June 2008
Office of the Chief State Prosecutor
1. CSP Jovencito R. Zuo

2. ACSP Severino H. Gaa, Jr.
3. ACSP Miguel F. Gudio, Jr.
4. ACSP Richard Anthony D. Fadullon
5. Ms. Evelyn B. Magsumbol
OCP Antipolo City
6. lst ACP Emmanuel U. Pascual

7. ACP Gerardo P. Barot
8. Ms. Marita P. Clutario
OCP Caloocan City
9. CP Ramon E. Rodrigo
10. lst ACP Alvin A. Almora
11. Ms. Luzviminda D. Toledo
OCP Las Pias
12. CP Marilyn Cynthia Fatima M. Luang

13. Pros. II Benthom Paul C. Azares
14. Ms. Flordeliza B. Rivera
OCP Makati City
15. CP Feliciano A. Aspi

16. lst ACP Romulo I. Naola
17. Ms. Isabelita V. Mejia

OCP Malabon & Navotas City
18. 4th ACP Lemuel B. Nobleza

19. Mr. Arvin Z. Manapat
OCP Mandaluyong City
20. 2nd ACP Flordeliza M. Silao

21. ASPRO II Jenalin R. Cudillo
22. Ms. Elizabeth M. Santos
OCP Manila
23. 2nd ACP Antonio R. Rebagay

24. 2nd ACP Joselito D.R. Obejas
25. Ms. Estela N. Dela Cruz
OCP Marikina City
26. CP Jason A. Amante

27. lst ACP Nestor V. Gapuzan
28. Ms. Lorena F. Panopio
OCP Muntinlupa City
29. CP Edward M. Togonon

30. lst ACP Florecita V. Baiza-Bilbes
31. Ms. Zenaida D.J. Europa
OCP Paraaque City
32. CP Joaquin T. Escobar

33. ACP Sheila L. Baes
34. Ms. Anita R. Cruz

OCP Pasay City
35. lst ACP Manuel A. Ortega

36. 2nd ACP Orlando G. Mariano
37. Mr. Eustaquio b. Buag
OCP Pasig City
38. lst ACP Amerhassan C. Paudac

39. 2nd ACP Ma. Anunciacion M. Hipol
40. Ms. Mary Alma Y. Afalla
OCP Rizal
41. PP Edgardo C. Buatista

42. APP Gloria M. De Guzman
43. Ms. Emily R. Trajano
OCP Quezon City
44. 2nd ACP Dindo G. Venturanza

45. Ms. Oliva O. Tugonon
OCP San Juan
46. CP Tomas T. Ricalde

47. ACP Myrna B. Binalay
48. Ms. Noemi G. Reyes
OCP Taguig City
49. CP Archimedes V. Manabat

50. 4th ACP Patrick Noel P. De Dios
51. Ms. Oliva D. Pabalan

OCP Valenzuela City
52. CP Hilda F. Ibuyan

53. ACP Eriberto A. Aricheta
54. Ms. Thelma P Encarnacion
4th VALIDATION SESSION

Davao Waterfront Hotel, Davao City
26-27 June 2008
Region IX
RSP Wilfrido M. Yu ORSP

CP Roselyn M. Mamon OCP Zamboanga City
CP Jaime M. Machutes OCP Isabela City, Basilan
PP Jeric S. Kagaoan OPP Ipil, Zamboanga Sibugay
Region X
RSP Jaime L. Umpa ORSP

CP Ma. Corazon B. Gaite-Llanderal El Salvador City, Misamis
Oriental
SP II Merlynn B. Uy ORSP
CP Carlos M. Rubin Tangub City
CP Fidel A. Macauyag Cagayan de Oro City
Region XI
PP Ruben L. Pasamonte OPP Davao del Norte

PP Artemio A. Tajon OPP Davao del Sur
CP Raul B. Bendigo OCP Davao City
CP Janet Grace D. Fabrero OCP Panabo City
CP Noel P. Palma OCP Tagum City
CP Barbara Mae P. Flores OCP Davao City

Region XII
16. RSP Maranao C. Danganan ORSP

17. PP Emmanuel S. De Peralta OPP Sultan Kudarat
18. ACP Renato P. Consebit - OCP Tacurong City
19. CP Al P. Calica OCP Kidapawan City
20. lst APP Felipe Vicente A. Velasco OPP Sarangani Province
Region XIII
21. RSP Horacio C. Gonzaga ORSP

22. PP Marigel S. Dagani-Hugo OPP Agusan del Norte
23. lst APP Florito G. Cuartero OPP Surigao del Sur
24. PP Danny C. Serrano OPP Cabadbaran City
25. CP Manuel N. Tesiorna, Jr. - OCP Surigao City
Region XIV
26. RSP Abubakar C. Barambangan ORSP

27. CP Elias R. Yusoph OCP Marawi City
28. PP Paca-ambung C. Macabando OPP Lanao del Sur
29. PP Akilali P. Balt OPP Shariff Kabunsuan
30. ACP Ramy Guiling OCP Marawi City

Appendix D
Assigning NPS DOCKET Numbers

separated by hyphens. The parts and codes are explained in the table
and examples, below:

1 I, II, III, etc.
number) 01, 02, 03, etc.
2
(small letter)
investigation

4

year
Examples with explanations:

I-01-INV-08A-00001
o I - Region I
o 01 - ORSP
investigation
o 08 - year 2008
o 00001 - first preliminary investigation or
2008
I-05a-INV-08A-00010
o I - Region I
o 05 - OPP La Union
investigation
o 08 - year 2008
o 00010 - 10th preliminary investigation or
2008
XV-01-INV-08L-01000
o 01 - OCP Antipolo
investigation
o 08 - year 2008
2008

XVI-INV-08L-03000
o XVI - OCSP
investigation
o 08 - year 2008
2008
NOTE: The ORSP of each NPS region shall develop and

prescribe its own office codes consistent with the above
system. The ORSPs shall strictly enforce the said codes
in all constituent offices, inform the Department thereof,
and shall only amend the same in case of creation, merger


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HANDBOOK

Republic of the Philippines

Handbook on Administrative Case Management 3

4 Handbook on Administrative Case Management

Handbook on Administrative Case Management 5

6 Handbook on Administrative Case Management

The task of administering justice is two-fold: one, that every

This Handbook on Administrative Case Management could very

To the users, this Handbook has been designed to be a simple

Effective case management is beneficial in monitoring the

This is your Handbook. Use it with an open heart and mind.

Handbook on Administrative Case Management 7

There are so many to thank for their involvement in this

Foremost, the distinguished institutions and individuals who,

Individuals whose efforts as consultant-writers have contributed

The professional guidance, ideas, enlightenment, encouragement

8 Handbook on Administrative Case Management

This project was initially made possible through the Organi-

Secretariat and other administrative work were effectively and

NPS prosecutors, prosecution attorneys and administrative of-

The Financial and Management Service and Administrative

Handbook on Administrative Case Management 9

This Handbook prescribes the standard procedures on

The Handbook is primarily intended for heads and administrative

Case management procedures that were not included or

10 Handbook on Administrative Case Management

This Handbook complements the Revised Prosecutors Manual

The Project was developed by the planning staff of the DOJ

Other funding institutions later partnered with the DOJ on the

The Procedural Development Project officially commenced

Handbook on Administrative Case Management 11

The technical staff of Assistant Secretary Teresita R. Domingo

Nationwide surveys, consultations and validations with

Guide for Users

Prior to the procedural standards and guidelines, governing

The main body of the Handbook is organized in a process-based

Roman numerals (I, II, III...) major work process

12 Handbook on Administrative Case Management

This Handbook provides definitions of terms relative to the

Handbook on Administrative Case Management 13

A. General Principles Behind All Procedures:

Case management begins upon receipt of complaints,

Immediate and effective action results in speedy processes

It is important for the administrative staff to check sub-

Validation of complete and proper documents must be

Assessment and collection of applicable legal fees

B. Principles Behind Specific Procedures:

In addition to the general principles, the following are

14 Handbook on Administrative Case Management

a. Case management by prosecution offices commences

the complaints and pleadings filed by the parties be-

b. Complaints and pleadings are checked in terms of

c. Assessment and collection of applicable legal fees should

2. Recording and Docketing

a. All new and referred complaints, pleadings, resolutions,

b. A complainant shall be immediately informed of the NPS

Handbook on Administrative Case Management 15

c. Additional pleadings, DOJ/ORSP resolutions and Court

3. Routing and Assignment

a. Routing of cases and case documents should be done

b. Assignment of cases, pleadings, DOJ/ORSP resolutions

c. All administrative work procedures from the time of

in inquest proceedings where cases should