August 4, 2018

Criminal Procedure

Investigating recommends Chief if the MR is Appeal to the Secretary the MR is the MR is not Supreme Court
Court of Appeals
Prosecutor for approval Prosecutor denied of Justice (DOJ) within 15 a requisite (Rule 65) a requisite (Appeal)
or for dismissal days from receipt of condition Petition for Certiorari to file under 15 days and extendable to
Motion for notice sine qua non within 60 days (different from Rule 45 another 15 days for
Recommendation Rule 45) compelling reasons
filed within 15 days. 15 days for Petition for (15+15+15)
The filing of the Review Rule 65 – it is not a mode of
information in the
appeal but an original motion All appeals to the Supreme
Court is withheld. Effect: Accused may
or independent action Court must be under Rule
move to suspend for
*Once a complaint is filed in premised on grave abuse of 45 – Petition for Review
arraignment within 60
Court, all motions must be discretion against the on Certiorari and shall
addressed to the Court days while petition is
Secretary of Justice resolve only questions of
pending with the
law
Secretary of Justice
Rule 65
The filing of Petition for question of law – whether
Grounds for Arraignment
Certiorari in the Court of or not the law applied or
(Sec. 11, Rule 116)
Appeals will not stop the case penalty applied is correct
so it must be accompanied
with a temporary arrest of the
proceeding

- Availing of Rule 65 and 45 successively is not allowed. It must be from Rule 65 to Rule 45.
- Rule 45 and Rule 65 are different.
- For resorts to the Supreme Court, apply Rule 45 unless otherwise provided by the law or the Constitution. The SC concerns only with questions of law.
- If the Secretary of Justice commits grave abuse of discretion, he cannot go directly to the Supreme Court as based on the Principle on Hierarchy of Courts and Doctrine of Primary Jurisdiction.
- Offenses with penalty of Reclusion Perpetua; or
- Death or new and material issues are alleged in petition; or
- Prescription period has not lapsed (6 months)

Investigating recommends Chief MR for 15 days MR for 15 days Office of the President by
Appeal to the Secretary Court of Appeals
for approval or
Prosecutor Prosecutor of Justice (DOJ) within 15 Petition for Review within 30 (Rule 43)
for dismissal MR is not a MR is not a
days from receipt of pre-requisite
days as a part of exhaustion of pre-requisite
notice administrative remedies Petition for Review within
15 days and extendable
15 days for Petition for for another 15 days
Review (15+15+15)

it is an intermediate
Supreme Court appeal based on the
(Rule 45) principle of hierarchy of
MR is optional courts and taken by quasi-
Petition for Review on judicial bodies
Certiorari
question of facts –
misappreciation of facts or
falsehood on the
determination of facts
question of law
question of facts and law

the filing of the petition

does not stop the case
from proceeding

- In Certeorari, the Motion for Reconsideration is a condition sine qua non

- Rule 43 and 45 are special appeals as it is an appeal by way of Petition for Review that is why it is extendable by 15 days
- Any Motion for Reconsideration must be filed to the author of the Resolution
- Ombudsman
1. Administrative Aspect – whether the public official is fit to hold office; administrative investigation; quantum of evidence is substantial evidence
2. Criminal Aspect – liability under the law; preliminary investigation; proof of guilt beyond reasonable doubt

Administrative

MR Court of Appeals MR
Supreme Court
Ombudsman Rule 45
Rule 43

Petition for Petition for Review on

Review Certiorari within 15 days

question of facts
question of law
question of facts
and law

Fabiar v. Desierto
Namunge v. OMB

Sec. 1, Rule 43
Criminal

MR is a Supreme Court
Ombudsman
pre-requisite Rule 65
condition
sine qua non This is in line with the ruling on Enemicio v. Ombudsman and Kuizon v. Desierto
Petition for
Certiorari within
60 days