Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN
Department of Justice
Manila

VNAII-DC-

JAN 06 2017

DEPARTMENT CIRCULAR NO. 00 3

SUBJECT : GUIDELINES ON THE DISPOSITION OF PETITIONS FOR
REVIEW/AUTOMATIC REVIEW/APPEALED CASES FILED
FROM JULY 1, 2016 ONWARDS AND DELEGATION OF
AUTHORITY TO SIGN OR APPROVE DECISIONS AND
RESOLUTIONS THEREOF

In the interest of the service, pursuant to the provisions of existing laws, and
to expedite the disposition of petitions for review/appealed cases pending before the
Office of the Secretary (OSEC), the following directives are hereby made:

The Department's Zero-Backlog Policy is hereby revitalized and the

National Prosecution Service is hereby directed to expedite the
resolution of pending petitions for review/automatic
review/appealed cases, pursuant to the following provisions.

An Evaluation Committee is hereby created under Senior Deputy

State Prosecutor Pedrito L. Rances of the Prosecution Staff of
the Office of the Secretary of Justice. The Evaluation Committee
shall examine all petitions for review/automatic review/appealed
cases filed before the Office of the Secretary from July 1, 2016
onwards and determine whether each satisfy formal and
jurisdictional requirements, as provided by the rules, as well as
whether there are grounds to summarily dismiss or otherwise
decide the same on the merits.

For this purpose, the Committee is authorize to receive from the

OSEC Docket Section all dockets of cases covered herein and to
perform all acts necessary to accomplish its mandate, including, but
not limited to, updating the status of cases subject of the petitions
for review/automatic review/appealed cases (i.e. whether an
information has been filed in court, whether the accused has been
arraigned, current status of the court proceedings, if any)
 As the Committee's core, SDSP Rances shall be assisted by one (1)
Senior Assistant State Prosecutor (SASP), and all the Assistant
State Prosecutors (ASP), Associate Prosecution Attorneys I and II
(APA) in the Department Proper.

The Committee may likewise request the assistance of other

prosecutors in the Department or in other prosecution offices to
ascertain the status of the pending cases. For this purpose, the
Prosecutor General or the respective heads of the prosecution
offices concerned and all prosecutors are hereby enjoined to strictly
and promptly comply and render the necessary assistance,
including the temporary assignment of personnel for the Evaluation
Committee, provided that, the period herein prescribed shall be
strictly followed.

The Committee is hereby given a non-extendible period until

January 31, 2017 to completely process and refer the cases filed
from July 1, 2016 until December 31, 2016 to the offices identified
herewith.

For cases filed thereafter, the OSEC Docket Section shall, within the
same day of filing, forward the case docket to the Committee. It
shall be given a non-extendible period of five (5) days from
filing thereof to process the same accordingly.

C. A Petition for Review docketing system is hereby established

wherein the Evaluation Committee shall consecutively number the
cases as follows:

OSEC-PR-MNL-1-010117-00001

Where:

OSEC Office of the Secretary

PR PR for Petition for Review/Appealed Case
AR for Automatic Review
MNL Prosecution Office which promulgated the
assailed resolution
1 1 for cases cognizable by 1st level courts
(MeTC, MTCC, MTC and MCTC)
2 for cases cognizable by 2nd level courts
(RTC)
3 for cases cognizable by the
Sandiganbayan, Court of Tax Appeals and
other specialized courts)
010117 Day, Month and Year when the case was
filed
0001 Consecutive numbering of the cases filed
The Evaluation Committee shall designate the appropriate three
letter abbreviation assignment for each prosecution office
throughout the country, a copy of which shall be submitted to the
OSEC Docket Section for proper record keeping.

Petitions for Review/Automatic Review/Appealed Cases referred for

outright dismissal by the Committee shall be made in a Resolution
form and recommended for approval by SDSP Rances. It shall state
the circumstances that warrant such an action. The same shall be
immediately submitted to the OSEC Docket Section, for immediate
assignment in accordance with item I hereof.

Petitions for Review/Automatic Review/Appealed Cases deemed

sufficient in form and substance shall be referred by the Committee
for decision and shall be immediately submitted to the OSEC
Docket Section, for immediate raffle in accordance with the
succeeding item.

The OSEC Docket Section shall distribute the cases submitted for
decision among the prosecution offices indicated in Annex A hereof,
following the order that the same are received, provided that, no
prosecution office shall be assigned to study and report on a
petition for review/automatic review/appealed case which assails a
resolution which was promulgated therein.

For this purpose, the OSEC Docket Section shall conduct a raffle of
cases among the prosecution offices. Regular raffle of cases shall
be held every day, if practicable, at 11:00 A.M.

The cases included in a previously prepared list shall be raffled

using a reasonably acceptable random raffle device under a system
that shall ensure the fair and equitable distribution of case load
among all prosecution offices in accordance with the number of
prosecutors in that office.

The Chief of the OSEC Docket Section shall be responsible for (a)
recording the raffle proceedings and (b) submitting the minutes
thereon to the Office of the Secretary.

Within the same day of the raffle, the OSEC Docket Section shall
send the case docket to the prosecution office concerned for proper
action in accordance with this Guidelines.

Upon receipt of the case docket, the heads of prosecution offices

shall assign the petitions for review/appealed cases to prosecutors
therein. The prosecutor concerned shall prepare a Study and
 Report on the petition for review/automatic review/appealed case
in the form of a decision.

The decision shall be signed by the drafting prosecutor and

recommended for approval by the head of the prosecution office,
provided that in cases where a prosecutor concerned came from
another prosecution office, in no case shall a prosecutor be
assigned to study and report on a petition for review/appealed case
which he or she has resolved a quo.

The decision shall always state the facts of the case, as well as the
laws and jurisprudence on which the decision is based. The
dispositive portion shall clearly state whether the assailed
resolution a quo is affirmed or reversed.

The prosecution offices shall be given a non-extendible period

of twenty (20) days from receipt of the referral from the
Evaluation Committee to submit their respective Study and Report
to the OSEC Docket Section.

H. Upon receipt of the Study and Report from the prosecution offices,
the OSEC Docket Section shall distribute the same to the
prosecutors assigned in the OSEC Prosecution Staff, following the
order that the same are received.

For this purpose, the OSEC Docket Section shall conduct a raffle of
cases among the prosecutors in the Prosecution Staff. Regular
raffle of cases shall be held every day, if practicable, at 11:00 A.M.

The cases included in a previously prepared list shall be raffled

using a reasonably acceptable random raffle device under a system
that shall ensure the fair and equitable distribution of case load
among all prosecutors abovementioned.

The Chief of the OSEC Docket Section shall be responsible for (a)
recording the raffle proceedings and (b) submitting the minutes
thereon to the Office of the Secretary.

Within the same day of the raffle, the OSEC Docket Section shall
send the case docket to the prosecutor concerned for proper action
in accordance with this Guidelines.

The reviewing prosecutor shall have a non-extendible period of

fifteen (15) days from receipt of the Study and Report to
recommend his or her affirmation or submit a contrary opinion in a
Decision form to the OSEC Docket Section. In both instances, the
review shall be recommended for approval by the reviewing
prosecutor.
1. All Undersecretaries and Assistant Secretaries of this Department
are hereby authorized to sign or approve resolution/decisions on
petitions for review/automatic review/appealed cases for and in
behalf of the Secretary of Justice, subject to the following rules:

a. Petitions for Review/Automatic Review/Appealed Cases of the

resolutions of the Provincial/City Prosecutors which falls under
the jurisdiction of the Regional Trial Court and above shall be
assigned to Undersecretaries in the order that these are
received, viz

Usec. Erickson H. Balmes

Usec. Raymund L. Mecate
Usec. Reynante B. Orceo
Usec. Deo L. Marco

b. Petitions for Review/Automatic Review/Appealed Cases of the

resolutions of the Provincial/City Prosecutors which falls under
the jurisdiction of the Metropolitan Trial Court, Municipal Trial
Court in Cities or Municipal Trial Court shall be assigned to
Assistant Secretaries in the order that these are received, viz

Asec. Adonis P. Sulit

Asec. Aimee T. Neri
Asec. Juvy R. Manwong
Asec. George 0. Ortha II
Asec. Moslemen T. Macarambon, Sr.
Asec. Cheryl L. Daytec-Yaligot

Every Referral for dismissal (in Resolution form) or Study and

Report (in Decision form) submitted by the Evaluation Committee
or reviewed by the prosecutor in the OSEC Prosecution Staff,
respectively, shall be received by the OSEC Docket Section and on
the same day shall be assigned among the Undersecretaries and
Assistant Secretaries in the order that these are received by the
OSEC Docket Section. The official to whom a case is assigned shall
review the same, unless for valid reason, such as inhibition, the
case has to be re-assigned or unloaded to another official.

The case docket of the assigned case shall be delivered on the

same day to concerned office. Upon receipt thereof, the official
concerned shall have a non-extendible period of ten (10) days
therefrom to approve or reverse the Resolution or Decision, as the
case maybe.
 In all cases, the Resolution or Decision, together with the case
docket, shall be returned to the OSEC Docket Section for
promulgation and release to the parties concerned.

Motions for Reconsideration from the Resolution or Decision of the

Undersecretary or Assistant Secretary concerned shall be assigned
to Undersecretary Antonio T. Kho, Jr. for resolution. Together with
the motion for reconsideration, the docket of the case concerned
shall be forwarded to his office. He shall have a non-extendible
period of thirty (30) days from the date the same is submitted
for resolution to resolve the same.

The Resolution on the motion for reconsideration, together with the

case docket, shall be returned to the OSEC Docket Section for
promulgation and release to the parties concerned.

In all instances, the OSEC Docket Section shall record the

appropriate entry in the Petition for Review Information System
(PRIS) to reflect the progress of the case.

Pursuant to Department Order No 053, s. 2015, non-compliance of

prosecutors concerned with the periods provided herein shall be
considered as a violation of the Zero Backlog Program and shall
merit the imposition of sanctions as provided therein, without
prejudice to other administrative liability under Civil Service Laws,
Rules and Regulations.

Nothing in this Circular shall diminish the authority of the Secretary

of Justice to directly act upon all petitions for review/appealed
cases herein considered. Notwithstanding action of the foregoing
officials, the Secretary may, at any point prior the promulgation
thereof, take over the case or re-assign the same to another
official.

This Department Circular supersedes all issuances inconsistent

herewith, takes effect immediately, and shall remain in force until
further orders.

For strict compliance

VITALIANO . AGUIRRE II
Sec tary Departrnent ofJustice
Copy furnished:

All concerned.
OURLM/DCPetRev.doc