DOJ Case Management Handbook

HANDBOOK

Republic of the PhilippinesDepartment of Justice

Version 1October 2008

on AdministrativeCase Management

Handbook on Administrative Case Management 3

Contents

FoReWoRD..................................................................................7

ACKnoWLeDGMent ...............................................................8

IntRoDuCtIon........................................................................10

Policy Statement ......................................................................10Background and Rationale .......................................................11Guide for Users ........................................................................12

PRInCIPLes GoveRnInG the PRoCeDuRes ...............14

A. General Principles Behind All Procedures: .........................14B. Principles Behind Specific Procedures: ...............................14

I. PReLIMInARy InvestIGAtIon AnD suMMARy InvestIGAtIon .................................................................18

A. Receiving a Complaint .......................................................18AA. Receiving a Complaint Directly Filed by Private

Individuals Entities or Government Agencies .............18AB. Receiving a Complaint Referred by Law

Enforcement Agencies .................................................20B. Docketing and Recording ..................................................23C. Routing and Assignment ....................................................26D. Service, Turnover and Release of Case Documents ..........27

DA. Subpoena ....................................................................27DB. Resolution for Dismissal ............................................28DC. Filing of Information in Court ....................................29

II. Inquest ................................................................................31

A. Receiving ............................................................................31B. Docketing and Recording ....................................................32C. Assignment and Routing .....................................................34D. Service, Turnover and Release of Case Documents ...........36

Handbook on Administrative Case Management4

DA. Resolution to conduct further preliminary investigation .............................................36

DB. Resolution for Dismissal ............................................37DC. Filing of Information in Court ....................................38

III. APPeALs AnD PetItIons FoR RevIeW ....................40

A. Receiving an Appeal/Petition for Review ..........................40AA. Receiving Appeals/Petitions for Review

Filed Personally by the Petitioner ................................40AB. Receiving Appeals/Petitions for Review

Filed through Mail .......................................................41B. Docketing and Recording ..................................................45C. Routing and Assignment ....................................................45D. Release of Resolutions .......................................................47E. Compliance to the Resolution on the

Appeal/Petition for Review ..........................................48

Iv. ADDItIonAL PLeADInGs ................................................49

A. Receiving ...........................................................................49B. Docketing and Recording ..................................................50C. Routing and Assignment ....................................................50D. Service, Turnover and Release ...........................................51

DA. Subpoena ....................................................................51DB. Resolution for Dismissal ............................................52DC. Filing of Information in Court ....................................53

v. CouRt oRDeRs AnD ResoLutIons on APPeAL BeFoRe oFFICes oF the seCRetARy oF JustICe, ChIeF stAte PRoseCutoR oR ReGIonAL stAte PRoseCutoR ......................................................................54


DA. Subpoena (in Case of Reinvestigation) ......................55


DB. Resolution for Dismissal ............................................56DC. Filing of Information in Court ....................................57

vI. PetItIons FoR CeRtIoRARI .......................................59

A. Receiving ...........................................................................59B. Docketing and Recording ..................................................60C. Routing and Assignment ....................................................60D. Turnover and Release .........................................................61

vII. sPeCIAL PRoCeeDInGs ................................................62


DA. In Case of a Subpoena ................................................64DB. 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 ............................66B. Complaints Cognizable by the Sandiganbayan .................67

BA. Preliminary Investigation ...........................................67BB. Inquest Cases ..............................................................67

C. Custody of Object Evidence ..............................................68

DeFInItIon oF teRMs ..........................................................70

CheCKLIsts..............................................................................75

Checklist 1: Complaints Directly Filed ..............................76Checklist 2: Complaints Referred by Law

Enforcement Agencies .................................................78Checklist 3: Inquest ............................................................79Checklist 4: Appeals/Petitions for Review ........................83Checklist 5: Petitions for Certiorari ...................................84


sAMPLe FoRMAts ..................................................................85

NPS Administrative Sample Format “A” ................................88NPS Administrative Sample Format “B” .................................90NPS Administrative Sample Format “C” .................................91NPS Administrative Sample Format “D” ................................93NPS Administrative Sample Format “E” .................................94NPS Administrative Sample Format “F” .................................95NPS Administrative Sample Format “G” ................................96NPS Administrative Sample Format “H” ................................97

FoRMs .........................................................................................99

NPS Investigation Form No. 01, s. 2008 ...............................100NPS Administrative Form No. 01, s. 2008 ...........................103

APPenDIX “A”

Department Circular No.63 ....................................................106Guidelines in the Assessment and Collection Of Legal Fees

Pursuant To R.A. No. 9279 ........................................107Annex “A”: Department Circular No. 42 (Collection of Legal

Fees) ...........................................................................120Annex “B”: Schedule of Legal Fees ......................................121Assessment Form ...................................................................125Republic Act No. 9279 (Granting Additional

Compensation in the Form of Special Allowances) ...127

APPenDIX “B”

Department Circular No. 70-A ...............................................131Department 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 of 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. Zuño, Assistant Chief State Prosecutor Severino H. Gaña, 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 consultants—retired 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 processCapitalized alphabets (A, B, C…) – work proceduresDouble capitalized alphabets (AA, AB, AC…) – sub-proceduresBold-lettered sub-headers – persons responsiblenumbers (1, 2, 3…) – stepsBullets ( • ) – enumeration of itemssmall 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.


Receipt of Complaints and Related Documents1.

Case management by prosecution offices commences a. 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; andCourt Orders•

Complaints and pleadings are checked in terms of b. 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.

Assessment and collection of applicable legal fees should c. 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.

Recording and Docketing2.

All new and referred complaints, pleadings, resolutions, a. and Court Orders shall be docketed and recorded immediately.

A complainant shall be immediately informed of the NPS b. docket number (replacing the former I.S. number) upon


receipt of a new complaint and assignment of docket number thereon.

Additional pleadings, DOJ/ORSP resolutions and Court c. 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.

Routing and Assignment3.

Routing of cases and case documents should be done a. 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.

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

All administrative work procedures from the time of c. 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; andmailed or referred complaints/pleadings with •incomplete documents and/or payment of applicable


legal fees, for which the concerned party will be required to comply.

service, turnover and Release of Case Documents4.

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

Receiving a ComplaintA.

AA. Receiving a Complaint Directly Filed by Private Individuals entities or Government Agencies

the designated receiving staff shall:

Check the documents 1. (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; andTwo (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.

If the documents are incomplete, a. do not receive the complaint. Instead, advise the complainant or representative to submit the requirements, listed above.


If the documents are complete,b. 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.

Check the O.R. (if applicable) and whether or not the 2. complaint/witness affidavits and the Investigation Data Forms have been subscribed/certified under oath.

Receive the complaint with all duplicate copies and 3. supporting documents.

If the complainant or representative is present, advise 4. him/her/them to wait for a duly stamped/received copy with an assigned NPS docket number.

Forward the documents to the 5. designated docket staff.


AB. Receiving a Complaint Referred by Law enforcement Agencies


Record the referred complaint in the appropriate log-1. book.

Forward the referred complaint to the 2. designated assessment and collection staff.

the designated assessment and collection staff shall:

Determine the applicable legal fees.3.

note: Refer to the guidelines in the assessment and 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.

Forward the referred complaint to the 4. 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:

Check the documents 5. (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; andTwo (2) copies of the standard Investigation Data •Forms duly accomplished and certified under oath by the complainant.

If there is no required legal fee to be paid and docu-a. ments are already complete, immediately arrange the complaint documents and forward the same to the designated docket staff.

If there are required legal fees and/or incomplete b. 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.

While awaiting compliance with the said (1) letter, forward the petition and supporting documents to the designated records staff for filing/storing and subsequent action thereon.


File/store the referred complaint and support-(2) ing documents while awaiting compliance of the letter issued.

If the complainant fails to comply within 30 (3) 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).

If the required documents have been person-(4) ally submitted but legal fees have to be paid:

Refer the complainant to the (a) designated assessment and collection staff for payment of applicable legal fees;

Upon return of the complainant, check (b) the O.R; and

Refer the complaint to the (c) designated docket staff.

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


Docketing and RecordingB.

the designated docket staff shall:

Assign the NPS docket number using the guide, below. 1. 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

1 NPS region and OCSP number represented by Roman numerals I, II, III, etc.

2

Provincial/City office (2-digit • number)Plus provincial substation, if any • (small letter)

01, 02, 03, etc.01a, 01b, etc.

3 Type of investigation

INV for regular preliminary • investigation and summary investigationINQ for inquest case•

4

Date: using the last two digits of the year plus a capital letter from A to L, representing the months from January to December, in sequence

08A = 2008, January09C = 2009, March

5Series number, represented by a 5-digit number that is unique for the year

00173, 00254, etc.

Examples:

I-01-Inv-08A-00001•I - o Region I01 - o ORSPInv - o preliminary investigation or

summary investigation


08 - o year 2008A - o month of January00001 - o first preliminary investigation or

summary investigation case for year 2008

I-05a-Inv-08A-00010•I - o Region I05 - o OPP La Uniona - o Agoo Substation Inv o - preliminary investigation or summary

investigation08 - o year 2008A - o month of January00010 - o 10th preliminary investigation or


Xv-01-Inv-08L-01000•Xv - o National Capital Region01 - o OCP AntipoloInv o - preliminary investigation or

summary investigation08 - o year 2008L - o month of December01000 - o 1,000th preliminary investigation or


XvI-Inv-08L-03000•XvI - o OCSPInv o - preliminary investigation or

summary investigation08 - o year 2008L - o month of December


03000 - o 3,000th preliminary investigation or summary investigation case for year 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.

Write down or stamp the NPS docket number on the 2. appropriate space in the two (2) copies of the Investigation Data Forms duly accomplished and certified under oath by the complainant.

If the complainant or representative is present, give one 3. (1) copy of the Investigation Data Form and attach the other copy to the case documents. Otherwise, attach both copies to the case record.

Record the complaint in the appropriate logbook and 4. electronic database, if any.

Forward the case documents to the 5. designated records staff.

the designated records staff shall:

Create an index file for the complaint.6.

Forward the case documents to the head of office or the 7. duly designated assistant or unit for assignment.


Routing and AssignmentC.

The head of office or duly designated assistant or unit shall:

Assign the case to a prosecutor by using any one or a 1. 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 consideration of prosecutor case loads and/or 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.



Forward the documents to the assigned investigating 2. 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.

Forward the recommendatory documents (resolution, 3. 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.

service, turnover and Release of Case DocumentsD.

DA. subpoena

the designated process server shall:

Serve the subpoena through any of the following 1. 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.

After the subpoena shall have been served, forward the 2. 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.


Immediately attach the documents above to the case 3. record.

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

DB. Resolution for Dismissal

the designated records and docket staff shall:

Immediately upon receipt, check whether or not the reso-1. lution has been approved/disapproved and signed by the head of office.

Update the appropriate logbooks, index file and/or the 2. electronic database, if any.

Reproduce/arrange case documents for release and 3. internal records keeping.

Immediately transmit copies of the resolution to the par-4. ties and to the office of the respondent (if respondent is a government official/employee).

Attach copies of the resolution and the proof of transmittal/5. service/ receipt in the case record.


Update the appropriate logbook/s, index file and/or the 6. electronic database, if any.

File the complete case record in the office.7.

DC. Filing of Information in Court


Immediately upon receipt, check whether the resolution 1. and Information have been approved/ disapproved and signed by the head of office.


Reproduce/arrange case documents for release/filing in 3. court and internal records keeping.

Immediately transmit copies of the resolution to the 4. parties and to the office of the respondent (if respondent is a government official).


File the Information, together with copies of the resolution 5. and supporting documents before the proper court.

Forward to the 6. records staff a copy of the resolution and Information duly acknowledged by the court.

the designated docket and records staff shall:



Attach a duly acknowledged copy of the Information and 8. resolution in the case record.


enD oF PRoCess FoR PReLIMInARy InvestIGAtIon AnD

suMMARy InvestIGAtIon


II. Inquest

A. Receiving


Receive the following documents:1.

Affidavit of Arrest (and Affidavit of Turnover, in •case of citizen’s 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; andAffidavit of the complainant and witnesses.•

If no Affidavit of Arrest (and Affidavit of Turnover, a. in case of citizen’s 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.

If the Affidavit of Arrest (and Affidavit of Turnover, b. in case of citizen’s 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.


B. Docketing and Recording

the designated docket staff shall:

Assign the NPS docket number using the guide, below. 1. 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:



2


01, 02, 03, etc.01a, 01b, etc.



4


08A = 2008, January09C = 2009, March


00173, 00254, etc.

Examples:

I-01-Inq-08A-00001•I - o Region I01 - o ORSPInq - o inquest08 - o year 2008


A - o month of January00001 - o first inquest case for year 2008

I-05a-Inq-08A-00010•I - o Region I05 - o OPP La Uniona - o Agoo Substation Inq o - inquest08 - o year 2008A - o month of January00010 - o 10th inquest case for year 2008

Xv-01-Inq-08L-01000•Xv - o National Capital Region01 - o OCP AntipoloInq -o inquest08 - o year 2008L - o month of December01000 - o 1,000th inquest case for year 2008

XvI-Inq-08L-00030•XvI - o OCSPInq -o inquest08 - o year 2008L - o month of December00030 - o 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 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.


Write down the NPS docket number on the appropriate 2. space in the two (2) accomplished Investigation Data Forms.

Give one (1) copy of the Investigation Data Form to the 3. law enforcer or the private complainant, and attach the other copy to the case record.

Record the complaint in the appropriate logbook and 4. electronic database, if any.

Forward the case documents to the designated records 5. staff.

the records staff shall:

Create an index file for the complaint.6.

Forward the case documents to the head of office or the 7. duly designated assistant or unit for assignment.

C. Assignment and Routing


Assign the case to a prosecutor using any one or a 1. combination of the recommended methods, for the conduct of inquest proceedings:

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 consideration of prosecutor case loads and/or 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 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 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. 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:

Forward the case documents to the assigned inquest 2. 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 procedures are covered under the Revised Prosecutors’ Manual. Please proceed to the next step, below.

Forward the recommendatory documents (resolution, 3. 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


Immediately upon receipt, check whether the resolution 1. has been approved/disapproved and signed by the head of office.


Reproduce/arrange case documents for release to the 3. parties and assignment/routing to an investigating prosecutor.


Forward the case documents together with the resolution 5. 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 procedures are covered under the Revised Prosecutors’ Manual. Please proceed to the next steps, below.



Immediately upon receipt, check whether or not the 1. resolution has been approved/disapproved and signed by the head of office.



Immediately transmit the following:4.

Resolution to the parties and to the office of •the respondent (if respondent is a government official/employee); andOrder of release of respondent to the law enforcer •concerned.

Attach copies of the resolution, order of release of 5. respondent and the proof of transmittal/service/receipt in the case record.











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.


7. Update the appropriate logbooks, index file and/or the electronic database, if any.


8. Attach a duly acknowledged copy of the Information and resolution in the case record.

9. File the complete case record in the office.

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.

Receiving an Appeal/Petition for ReviewA.

AA. Receiving Appeals/Petitions for Review Filed Personally by the Petitioner


Check the documents if they comply with the following 1. 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:•Names and addresses of the parties involved;o NPS docket number (formerly I.S. number) o and criminal case number, if any, and title of the case including offense charged in the complaint; andProof of service of a copy of the petition to o 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.

If the documents are incomplete, a. do not receive the petition/appeal. Instead, advise the petitioner to submit the requirements, listed above.

If the documents are complete,b. refer the petitioner to the designated assessment and collection staff. The complainant must pay the legal fees, if applicable.

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 petitioner presents the valid certificates of indigency, attach them to the record.

Check the O.R. (if applicable).2.

Receive the appeal/petition with all duplicate copies and 3. supporting documents.

Forward the documents to the 4. designated docket staff.

AB. Receiving Appeals/Petitions for Review Filed through Mail


Record the petition in the appropriate logbook and 1. electronic database, if any.

Refer the petition to the 2. designated assessment and collection staff.



Assess the applicable legal fee and check the payment 3. made through manager’s check, money order, or proof of payment (O.R. from any prosecution office), or check the validity of certificates of indigency, if any.

note: Refer to the guidelines in the assessment and collection of legal fees under Department Circular No. 63 dated 16 November 2004 (please refer to Appendix “A” of this Handbook on page 106).

Forward to the 4. designated receiving or records staff the petition and supporting documents together with the O.R., manager’s 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:

Check the mailed petition and supporting documents 5. (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:•Names and addresses of the parties involved;o NPS docket number (formerly I.S. number) o and criminal case number, if any, and title of the case including offense charged in the complaint; andProof of service of a copy of the petition to o 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.

If the documents are complete and no further payment a. needs to be made, forward the petition and supporting documents to the designated docket staff.

If the documents are incomplete, the payment of the b. applicable legal fee has not been made, and/or the manager’s 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.

While awaiting compliance with the said let-(1) ter, forward the petition and supporting docu-ments to the designated records staff for fil-ing/storing and subsequent action thereon.

File/store the petition and supporting docu-(2) ments while awaiting compliance of the letter issued.


If the petitioner fails to comply within 30 (3) 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).

Upon receipt of the required documents, the (4) 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.

If payment is made or certificates of indigency (5) are submitted, refer the petitioner/petition to the designated assessment and collection staff.


If valid certificates of indigency are submitted, (6) attach the same to the petition and forward to the designated docket staff.

If personal cash payment is made, furnish the (7) 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 designated docket staff.

If payment is made through manager’s check (8) 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 94 of this Handbook).

After the letter has been signed, forward the (9) same together with the original copy of the O.R. to the designated records staff for mailing.

Attach a copy of the duplicate original or (10) certified true copy of the O.R. to the petition and forward to the designated docket staff.



Record the appeal/petition in the appropriate logbook 1. and electronic database, if any.

Create an index file for the appealed case.2.

Forward the case documents to the head of office and/or 3. the duly designated officer or unit for assignment.



Assign the case to a reviewing prosecutor by using any 1. 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 consideration of prosecutor case loads and/or 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 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 any definite system or procedure.


Forward the documents to the assigned reviewing 2. 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.

Forward the recommendatory resolution of the reviewing 3. prosecutor to the Regional State Prosecutor / Chief State Prosecutor / Secretary of Justice for appropriate action.

Release of ResolutionsD.





Immediately transmit copies of the resolution to the 4. parties and to the office of the respondent (if respondent is a government official/ employee).





Compliance to the Resolution on the Appeal/Petition for e. Review


After receiving the resolution on the appeal/petition for 1. review:

Record the disposition in the resolution on the appeal/a. petition for review in the appropriate logbook and electronic database, if any.

Update the index file of the case.b.

Forward the resolution together with the case record c. 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.

3. File the complete case record in the office.

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.

ReceivingA.


Check the pleading in terms of compliance with the 1. following documentary requirements:

For all pleadings, the general requirements are:•Names and addresses of the parties;o NPS docket number and criminal case num-o ber, if any, and title of the case including offense/s charged in the complaint;Proof of service of a copy of the pleading to o 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.

If the documentary requirements are incomplete, a. do not receive the pleading but advise the concerned party to submit the lacking documents.


If the documentary requirements are complete, refer b. the concerned party to the designated assessment and collection staff for the payment of the applicable legal fees.

Receive the original copy of the O.R. together with the 2. pleading and supporting documents.

Forward the pleading, supporting documents and the 3. original copy of O.R. to the designated docket staff.


the designated docket staff and records staff shall:

Record the additional pleading in the appropriate logbook 1. and electronic database, if any.

Update the index file of the case.2.



Immediately route the additional pleading to the 1. 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:

Assign the additional pleading to a prosecutor for 2. appropriate action, if necessary.

note: The process of assigning a pleading 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 on any motion filed or any other appropriate action. The details of these procedures are covered under the Revised Prosecutors’ Manual. Please proceed to the next step below.

service, turnover and ReleaseD.

DA. subpoena





After the subpoena shall have been served, forward the 2. 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.•Certificate of service, in case of personal •service.










Immediately transmit copies of the resolution to the 4. parties and to the office of the respondent (if respondent is a government official/ employee).


















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.

ReceivingA.


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.



Record the Court Order or Resolution on appeal, as the 1. case may be in the appropriate logbook and electronic database, if any.





Immediately route the court order or resolution on appeal 1. 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:

Assign the court order or resolution on appeal to a 2. 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)





Immediately transmit copies of the resolution to the 8. parties and to the office of the respondent (if respondent is a government official/ employee).Attach copies of the resolution and the proof of transmittal/9. service/ receipt in the case record.

















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.

ReceivingA.


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).•

If the documents are incomplete or do not complya. with the requirements listed above, do not receive the petition. Instead, advise the petitioner to submit the requirements, listed above.

If the documents are completeb. , forward the petition and supporting documents to the docket staff.




1. Record the petition in the appropriate logbook and electronic database, if any.

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

Routing and AssignmentC. the designated records staff shall:

Immediately route the petition and supporting documents 1. 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:

Assign the petition and supporting documents to a 2. 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.


turnover and ReleaseD.

the designated records staff and docket staff shall:

Within five (5) days after the draft petition and transmittal 1. letter have been signed by the Chief State Prosecutor, release and transmit the complete case record to the OSG.

Record the transmittal in the appropriate logbook, index 2. 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.

ReceivingA.


Upon receipt of the Court Order, forward the same to the designated docket staff.



Record the Court Order in the appropriate logbook and 1. electronic database, if any.




Immediately route the Court Order to the 1. 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:

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 consideration of prosecutor case loads and/or 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 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 any definite system or procedure.

note: The process of assigning the Court Order 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 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.


Forward the Court Order to the assigned prosecutor.2.



DA. In Case of a subpoena










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


Check whether the report has been approved/disapproved 1. and signed by the head of office.

Reproduce/arrange the report and other documents for 2. release/ transmittal to the court and internal records keeping.

Immediately transmit copies of the resolution to the 3. parties.


Submit the report together with supporting documents to 4. the proper court.

Forward to the 5. designated records staff copies of the report and supporting documents duly acknowledged by the court.


File the acknowledged copy of the report in the case 6. file.



enD oF PRoCess FoR ADDItIonAL PRoCeeDInGs


vII. otheR ADMInIstRAtIve PRoCeDuRes

turnover of Case Records to Another Prosecution A. 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.


Upon the directive of the head of office, retrieve and 1. prepare the complete case record/s for transmittal or turnover to the concerned office.

Prepare a transmittal indorsement for the signature of 2. 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 95 of this Handbook).

Immediately after the indorsement has been signed by 3. the head of office or the designated assistant, update the appropriate logbook, index file of the case, and electronic database, if any.

Immediately transmit to the concerned office the 4. said complete case record together with the signed indorsement of the head of office.


Complaints Cognizable by the sandiganbayan B.

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.


Check whether the recommendatory resolution and/or 1. transmittal letter have been signed by the head of office (please refer to Sample Format “G” on page 96 of this Handbook).

Reproduce/arrange the documents for release/transmittal 2. 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.



Check whether the referral letter 1. (please refer to Sample Format “H” on page 97 of this Handbook) has been signed by the head of office.

Reproduce/arrange the documents.2.

Immediately transmit the case documents together with 3. the referral letter to the Office of the Ombudsman or the local clerk of court.

Attach copies of the case documents and referral letter 4. together with the proof of transmittal/service/receipt in the case file.

Update the appropriate logbook, index file and electronic 5. database, if any.

File copies of the referral letter in the case file.6.

Custody of object evidenceC.

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:

In case there is a Court Order or directive from the Secretary 1. 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 agencyOfficial 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

Whenever object evidence is retrieved by the concerned 2. 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 FiledChecklist 2: Complaints Referred by Law Enforcement AgenciesChecklist 3: Inquest CasesChecklist 4: Appeals/Petitions for ReviewChecklist 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


NATIONAL PROSECUTION SERVICE__________________________________________

(___) 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


NATIONAL PROSECUTION SERVICE__________________________ __________________________

(___) Affidavit of Arrest/Apprehension (and Affidavit of Turnover, in case of citizen’s 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:

Murder, Homicide and Parricidea.

(___) 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

Frustrated or Attempted Homicide, Murder, Parricide b. 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

Violation of the Dangerous Drugs Law/Comprehensive c. 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

Theft and Robbery, Violation of the Anti-Piracy and d. 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

Rape, Seduction, and Forcible Abduction with Rapee.

(___) the medico-legal report (living case report) if the victim submitted herself for medical or physical examination

Violation of the Anti-Carnapping Law (R.A.6539)f.

(___) 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

Violation of the Anti-Cattle Rustling Law (P.D.533)g.

(___) machine copy of the cattle certificate of registration; and (___) photograph of the cattle, if readily available

Violation of Illegal Gambling Law (P.D.1602)h. (___) gambling paraphernalia(___) photograph of the gambling paraphernalia, if any; and(___) cash money, if any

Illegal Possession of Firearms, Ammunitions and i. 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

Violation of the Fisheries Law (P.D.704)j.

(___) photograph of the confiscated fish, if readily available(___) photograph of fishing paraphernalia, if any; and(___) certification of the Bureau of Fisheries and Aquatic

Resources


Violation of R.A. 9262 (VAWC)k.

(___) 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


NATIONAL PROSECUTION SERVICEOFFICE 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


NATIONAL PROSECUTION SERVICEOFFICE 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”


nAtIonAL PRoseCutIon seRvICe_______________________________________________________________________________________

____________________

_____________________________________________________________________

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,

__________________________ Administrative Officer

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,

__________________________Administrative Officer

CC: File


nPs Administrative sample Format “D”


nAtIonAL PRoseCutIon seRvICe__________________________________________________________________

__________________________________________________________________________

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”


nAtIonAL PRoseCutIon seRvICe__________________________________________________________________

__________________

______________________________________________________

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 manager’s 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, _______________________________

Administrative Officer

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 :(stamped and initialed): __________Time Received: ________________Receiving Staff:_________________

NPS DOCKET NO.:________________Assigned to: _____________________Date Assigned:___________________

To be accomplished by complainant/counsel/law enforcer(Use back portion if space is not sufficien

COMPLAINANT/S: Name, Sex, Age & Address______________________________________________________________________________________________________________

RESPONDENT/S: Name, Sex, Age & Address______________________________________________________________________________________________________________

LAW/s vIoLAteD:____________________________________________________________________________________________________________________________________

WItness/es: name & Address______________________________________________________________________________________________________________


COMPLAINANT/S: Name, Sex, Age & Address______________________________________________________________________________________________________________

RESPONDENT/S: Name, Sex, Age & Address______________________________________________________________________________________________________________

DAte & tIMe of CoMMIssIon:____________________________________________________________________________________________________________________________________

PLACe of 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 PilipinasKAGAWARAn nG KAtARunGAn

Department of JusticeManila

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 IoBJeCtIves, 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

a) AssessMent CLeRK1. – 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;

b) CoLLeCtIon oFFICeR2. – 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.

c) Fees3. – 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;

d) InDIGent LItIGAnts4. – 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 IIIMPLeMentAtIon

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

WhAt ARe AssesseD AnD CoLLeCteD 1.

Legal fees shall be assessed and collected for criminal 1.1. complaints, appeals/petition for reviews, motions/ manifestations/ pleadings/ clearances/ certifications and other services enumerated in the Schedule of Legal Fees;For complaints involving offenses which are not subject to the 1.2. 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;

Who ARe suBJeCt to AssessMent AnD 2. CoLLeCtIon oF LeGAL Fees

Complainants, movants, petitioners/ appellants and individual/ 2.1. corporations requesting for clearances/ certifications and the performance of other services;Government owned controlled corporations, with or without 2.2. original charters; andGovernment financial institutions. 2.3.


Who ARe eXeMPt FRoM PAyMent oF LeGAL 3. Fees

The Republic of the Philippines and its political subdivisions; 3.1. and Indigent litigants. To qualify as an indigent litigant, he/she 3.2. shall be required to submit all of the following:

an affidavit attesting to her/his indigent status;a) a certification from the Barangay Captain of the Barangay b) where he/she resides certifying as to the fact of his/her status as an indigent status; and a certification from the local office of the DSWD stating c) therein his/her status as an indigent.

FoRMs oF PAyMent 4.

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.

non-CoMPLIAnCe 5.

Complaints filed for inquests, preliminary investigations 5.1. and for appeals/ petition for review shall not be acted upon unless the legal fees have been paid;No prosecutor shall initiate the conduct of the preliminary 5.2. 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

Inquest 1.

Upon receipt of the complaint, the Office of the Assistant 1.1. 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;The assessment clerk shall determine the appropriate 1.2. 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;The complainant shall then pay the legal fees as assessed to 1.3. 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;

The complainant shall present the original copy of the 1.4. 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.


The complainant shall, after the case has been docketed, 1.5. proceed to the inquest prosecutor who shall initiate the conduct of the inquest proceedings.For inquest cases filed and conducted after office hours, 1.6. 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.In inquest cases brought before the Municipal Circuit Trial 1.7. 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.

ReGuLAR PReLIMInARy InvestIGAtIon 2.

Upon receipt of the complaint, the assessment clerk shall 2.1. 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;

The complainant shall pay the legal fees as assessed, to the 2.2. 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.

The complainant shall present the original copy of the 2.3 official receipt to the assessment clerk for the docketing of the case;

2.3.1. 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 attach the triplicate copy to the case folder.

The complainant shall, after the case has been docketed, be 2.4 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;

If the complaint is filed by a law enforcement officer or 2.5 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;

The investigating prosecutor, upon receipt of the case folder, 2.6 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.

In the preliminary investigation brought before the MCTC 2.7 and the MTC, the same procedure under B 1.7 of these Guidelines shall be followed.

PetItIons FoR RevIeW/APPeALs 3.

Upon receipt of the petition for review/appeal filed with 3.1. 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;

The complainant shall pay the legal fees as assessed to the 3.2. 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;

The petitioner/appellant shall present the original copy of 3.3. 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, the date and the amount paid in the space provided in the original and triplicate copies of the assessment form, keep


the original copy and attach the triplicate copy to the case folder;

If the petition/appeal is filed by mail, the assessment clerk 3.4. 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.

The evaluating/reviewing prosecutor, upon receipt of the 3.5. 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

MotIons/MAnIFestAtIons AnD otheR 4. PLeADInGs

Upon receipt of the written interlocutory motion/ 4.1. 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.

The investigating prosecutor, upon receipt of the OR, triplicate 4.2. 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.

Interlocutory motions/manifestation/s and other pleadings 4.3. filed by mail shall be treated in like manner under 3.3 of this Guidelines.

Prior to the receipt of his/her copy of a motion to reduce 4.4. 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.

The trial prosecutor, upon receipt of the O. R., triplicate copy 4.5. 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.

CLeARAnCes AnD CeRtIFICAtIons 5.

Upon receipt of the request for the issuance of clearances/ 5.1. 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.

A DOJ employee requesting for a certification of employment 5.2. 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.

otheR seRvICes 6.

In special proceedings requiring the services of the prosecutor 6.1. 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 filedb) Assessment Form No.c) Assessed Amountd) Official Receipt No.e) Date of Paymentf) Amount Paidg) Investigation Slip No.h) Complainant/si) Respondent/sj) Offense/s chargedk) Remarks


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

Date receiveda) Complaint/sb) Respondent/sc) Offense/s chargedd) Remarkse)

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:

Date Fileda) Assessment Form No.b) Assessed Amountc) Official Receipt No.d) Date of Paymente) Amount Paidf) Purposeg) Requesting Party/ies /Movant/sh) Remarksi)

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 IveFFeCtIvIty

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.


Secretary


AnneX “A”Republika ng Pilipinas

KAGAWARAn nG KAtARunGAnDepartment of Justice

Manila

September 14, 2004

DePARtMent CIRCuLAR no. 42

to : ALL ConCeRneD

suBJeCt: CoLLeCtIon oF LeGAL Fees By the nAtIonAL PRoseCutIon seRvICe

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.


Secretary


AnneX “B”

nAtIonAL PRoseCutIon seRvICesCheDuLe oF LeGAL Fees*

A. CRIMINAL COMPLAINTS FEE1. 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 WITH DAMAGES

200.00

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 / CONDOMINIUM LAW

300.00

15. VIOLATION OF P.D. 1083 (Code of Muslim Personal Laws)

500.00

B. APPEALS / PETITION FOR REVIEW

1. TO THE REGIONAL STATE PROSECUTORS 500.00

2. MOTION FOR RECONSIDERATION OF THE RESOLUTION OF REGIONAL STATE PROSECUTORS

300.00

3. TO THE CHIEF STATE PROSECUTOR / SECRETARY

1,000.00

4. MOTION FOR RECONSIDERATION OF THE RESOLUTION OF THE CHIEF STATE PROSECUTOR / SECRETARY

500.00



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 (Prosecutor’s Office); 500.00 (RTC); 300.00 (MTC)

4. MOTION FOR POSTPONEMENT IN PRELIMINARY INVESTIGATION

100.00

5. MOTION FOR RELEASE OF CASH BOND 100.00

6. MOTION FOR RECONSIDERATION OF RESOLUTION IN PRELIMINARY INVESTIGATION

500.00

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 APPEARANCE OF PROSECUTOR

500.00

3. ADMINISTRATION OF OATH 50.00

4. CERTIFICATION RE: STATUS OF CASES, TRUE COPY OF DOCUMENTS, EXHBITS ETC.

30.00 + 2.00/page in excess of 3 pages

* 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.


DePARtMent oF JustICeNational 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 ___ Prosecutor’s 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. 6654S. No. 2709

Republic of the PhilippinesCongress 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. NAZARENOSecretary 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 CAsesJuly 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



DePARtMent CIRCuLAR no. 70

suBJeCt: 2000 nPs RuLe on APPeALJuly 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



APPenDIX “C”

vALIDAtIon sessIon PARtICIPAnts

1st vALIDAtIon sessIonCity Garden suites, Mabini, Manila6-7 March 2008

Region 1

ARSP Zenaida M. Ferrer – ORSP1. CP Myra Sheila M. Nalupta-Barna-OCP Batac City2. CP Emmylou Rubang-Mangasar- OCP Candon City3. Ms. Elisa A. Daodao – OPP Benguet4. Ms. Jemalyn D. Palateo – ORSP5.

Region II

SP II Ronnel B. Nicolas – ORSP, Tuguegarao City6. PP Amador T. Arao – OPP Cagayan7. 28. nd APP Dinahlyn S. Gelacio – OPP Isabelalst ACP Mercedes P. Bañez – OCP Tuguegarao City9. ACP Cherry Marie A. Madrid – OCP Santiago City10. Ms. Jonalyn D. Tallod – ORSP11. Mr. Calixto P. Danao – OPP Cagayan12. Mr. Ernesto T. Paguirigan – OPP Isabela13. Mr. Conrado S. Gaffuy – OPP Nueva Viscaya14.

Region III

CP Eufracio S. Marquez – OCP Meycauayan City15. lst APP Floro F. Florendo – OPP Nueva Ecija16. 217. nd ACP Oliver S. Garcia – OCP Angeles CityMr. Elvin G. Simon – OPP Pampanga18. Mr. Aristotle B. Mercado – OCP Angeles City19.


Ms. Ma. Theresa A. Maclang – OPP Bulacan20. Mr. Jaime P. Navarro – OCP Olongapo City21.

Region Iv

PP Josephine Caranzo-Olivar – OPP Mindoro Oriental22. CP Miguel Noel T. Ocampo – OCP Calamba City23. CP Alfredo P. Juarez, Jr. - -OCP Tayabas City24. Ms. Eloisa B. Briones – ORSP25. Ms. Rizalina R. Espina - OCP Batangas City26. Ms. Josephine A. Desembrana – OCP Lucena City27. Ms. Eva B. Fule – OCP San Pablo City28.

Region v

RSP Mary May B. De Leoz – ORSP29. SP II Maria Visia O. Maldo – ORSP30. SP II Joyce O. Guerrero – ORSP31. PP Regina Coeli F. Gabito – OPP Sorsogon32. CP Edmundo O. Legaspi – OCP Masbate City33. lst APP Annalie T. Velarde – OPP Camarines Norte34. Ms. Fidelia T. Villaver – OCP Naga City35. Ms. Esther R. Mendoza – OPP Masbate36. Mr. Leonardo C. Carido – OPP37. Ms. Maria Rosario E. Sempuego – OPP Camarines Sur38.

2nd vALIDAtIon sessIonCebu Waterfront hotel, Lahug, Cebu City3-4 April 2008

Region vI

SP II Kenneth John N. Amamanglon – ORSP1. 42. th ACP Peter D. Baliao – OIC-OCP IloiloPP Daniel M. Villaflor – OPP Negros Occidental3.


Ms. Remedios A. Jamelo – ORSP4. Ms. Consolacion E. Pacificar – OPP Iloilo5. Mr. Henry P. Dela Cruz – OCP Iloilo6. Mr. Virgilio L. Leeping – OPP Negros Occidental7. Ms. Myrna S. Veñegas – OCP Bacolod City8.

Region vII

RSP Fernando K. Gubalane – ORSP9. SP II Llena G. Ipong-Avila – ORSP10. CP Nicolas C. Sellon – OCP Cebu City11. CP Aida A. Sanchez – OCP, Naga City12. lst APP Macario I. Delusa – OPP Bohol13. PP Diosdado D. Hermosa – OPP Oriental Negros14. Ms. Jasmine O. Miro – ORSP15. Ms. Letecia A. Lacsican – OCP Dumaguete City16. Ms. Milagros B. Oncog – OCP Tagbilaran17. Ms. Cecil B. Gadrinab – OPP Cebu18.

Region vIII

RSP Francisco Q. Aurillo, Jr. - ORSP19. ARSP Bibiano C. Reforzado – ORSP20. PP Cesar M. Merin – OPP Leyte21. APP Agustin M. Avalon – OPP, Western Samar22. lst APP Carlos R. Daiz, Jr. - OIC-OCP, Catbalogan, Samar23. Ms. Alma R. Ballete – ORSP24. Mr. Alfredo A. Bardaje – OPP Wester Samar25. Ms. Norma I. Carbonilla - OPP Southern Leyte26. Ms. Cesaria N. Cazon – OCP Calbayog City27. Mr. Elias U. Vivero, Jr. - ORSP28.


3rd vALIDAtIon sessIonCherry Blossoms hotel, Manila12 June 2008

Office of the Chief State Prosecutor

CSP Jovencito R. Zuño1. ACSP Severino H. Gaña, Jr.2. ACSP Miguel F. Gudio, Jr.3. ACSP Richard Anthony D. Fadullon4. Ms. Evelyn B. Magsumbol5.

oCP Antipolo City

lst ACP Emmanuel U. Pascual6. ACP Gerardo P. Barot7. Ms. Marita P. Clutario8.

oCP Caloocan City

CP Ramon E. Rodrigo9. lst ACP Alvin A. Almora10. Ms. Luzviminda D. Toledo11.

oCP Las Piñas

CP Marilyn Cynthia Fatima M. Luang12. Pros. II Benthom Paul C. Azares13. Ms. Flordeliza B. Rivera14.

oCP Makati City

CP Feliciano A. Aspi15. lst ACP Romulo I. Nañola16. Ms. Isabelita V. Mejia17.


oCP Malabon & navotas City

418. th ACP Lemuel B. NoblezaMr. Arvin Z. Manapat19.

oCP Mandaluyong City

220. nd ACP Flordeliza M. SilaoASPRO II Jenalin R. Cudillo21. Ms. Elizabeth M. Santos22.

oCP Manila

223. nd ACP Antonio R. Rebagay224. nd ACP Joselito D.R. ObejasMs. Estela N. Dela Cruz25.

oCP Marikina City

CP Jason A. Amante26. lst ACP Nestor V. Gapuzan27. Ms. Lorena F. Panopio28.

oCP Muntinlupa City

CP Edward M. Togonon29. lst ACP Florecita V. Baiza-Bilbes30. Ms. Zenaida D.J. Europa31.

oCP Parañaque City

CP Joaquin T. Escobar32. ACP Sheila L. Baes33. Ms. Anita R. Cruz34.


oCP Pasay City

lst ACP Manuel A. Ortega35. 236. nd ACP Orlando G. MarianoMr. Eustaquio b. Buñag37.

oCP Pasig City

lst ACP Amerhassan C. Paudac38. 239. nd ACP Ma. Anunciacion M. HipolMs. Mary Alma Y. Afalla40.

oCP Rizal

PP Edgardo C. Buatista41. APP Gloria M. De Guzman42. Ms. Emily R. Trajano43.

oCP quezon City

244. nd ACP Dindo G. VenturanzaMs. Oliva O. Tugonon45.

oCP san Juan

CP Tomas T. Ricalde46. ACP Myrna B. Binalay47. Ms. Noemi G. Reyes48.

oCP taguig City

CP Archimedes V. Manabat49. 450. th ACP Patrick Noel P. De DiosMs. Oliva D. Pabalan51.


oCP valenzuela City

CP Hilda F. Ibuyan52. ACP Eriberto A. Aricheta53. Ms. Thelma P Encarnacion54.

4th vALIDAtIon sessIonDavao Waterfront hotel, Davao City26-27 June 2008

Region IX

RSP Wilfrido M. Yu – ORSPCP Roselyn M. Mamon – OCP Zamboanga CityCP Jaime M. Machutes – OCP Isabela City, BasilanPP Jeric S. Kagaoan – OPP Ipil, Zamboanga Sibugay

Region X

RSP Jaime L. Umpa – ORSPCP Ma. Corazon B. Gaite-Llanderal – El Salvador City, Misamis

OrientalSP II Merlynn B. Uy – ORSPCP Carlos M. Rubin – Tangub CityCP Fidel A. Macauyag – Cagayan de Oro City

Region XI

PP Ruben L. Pasamonte – OPP Davao del NortePP Artemio A. Tajon – OPP Davao del SurCP Raul B. Bendigo – OCP Davao CityCP Janet Grace D. Fabrero – OCP Panabo CityCP Noel P. Palma – OCP Tagum CityCP Barbara Mae P. Flores – OCP Davao City


Region XII

RSP Maranao C. Danganan – ORSP16. PP Emmanuel S. De Peralta – OPP Sultan Kudarat17. ACP Renato P. Consebit - OCP Tacurong City18. CP Al P. Calica – OCP Kidapawan City19. lst APP Felipe Vicente A. Velasco – OPP Sarangani Province20.

Region XIII

RSP Horacio C. Gonzaga – ORSP21. PP Marigel S. Dagani-Hugo – OPP Agusan del Norte22. lst APP Florito G. Cuartero – OPP Surigao del Sur23. PP Danny C. Serrano – OPP Cabadbaran City24. CP Manuel N. Tesiorna, Jr. - OCP Surigao City25.

Region XIv

RSP Abubakar C. Barambangan – ORSP26. CP Elias R. Yusoph – OCP Marawi City27. PP Paca-ambung C. Macabando – OPP Lanao del Sur28. PP Akilali P. Balt – OPP Shariff Kabunsuan29. ACP Ramy Guiling – OCP Marawi City30.


Appendix “D”

AssIGnInG nPs DoCKet nuMBeRs

The NPS docket number is a code that contains five parts, separated by hyphens. The parts and codes are explained in the table and examples, below:



2


01, 02, 03, etc.01a, 01b, etc.



4


08A = 2008, January09C = 2009, March


00173, 00254, etc.

Examples with explanations:


I-01-Inv-08A-00001•I - o Region I01 - o ORSPInv - o preliminary investigation or summary investigation08 - o year 2008A - o month of January00001 - o first preliminary investigation or


I-05a-Inv-08A-00010•I - o Region I05 - o OPP La Uniona - o Agoo Substation Inv o - preliminary investigation or summary investigation08 - o year 2008A - o month of January00010 - o 10th preliminary investigation or


Xv-01-Inv-08L-01000•Xv - o National Capital Region01 - o OCP AntipoloInv o - preliminary investigation or summary

investigation08 - o year 2008L - o month of December01000 - o 1,000th preliminary investigation or



XvI-Inv-08L-03000•XvI - o OCSPInv o - preliminary investigation or summary

investigation08 - o year 2008L - o month of December03000 - o 3,000th preliminary investigation or


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 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.

DOJ Case Management Handbook

Documents

Transcript of DOJ Case Management Handbook