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While looking for references in the library, I came across a criminal

nvestigation Manual revised 2010 published by Directorate for Investigation andDetective Management (DIDM). The book laid down the procedures thatnvestigators need in performing their duty. Although the last part of the Manual

has a form for notice of appeal, the appeal is premised on the outcome of therial.

Absent in the manual is the discussion on how to appeal an adverseResolution of the Public Prosecutor be it regular preliminary investigation,reinvestigation or those arising from an inquest proceeding found in DOJDepartment Circular No. 70 (2000 NPS Rule on Appeal) which I believe shouldhave been incorporated in the Manual.

There is no much problem in appealing Resolutions during Preliminarynvestigations or Reinvestigation. The appeal procedure provides that:

1. The verified Petition for Review shall be brought to the Secretary ofJustice within 15 days after receipt of the Resolution or within the same periodafter receipt of the denial of the Motion for Reconsideration if one has been filed.

2. The investigating/reviewing/approving prosecutor shall not be

impleaded as party respondent in the petition. The PNP unit taking theappeal shall be referred to in the petition as "Complainant-Appellant".

3. The petition shall contain or state: (a) the names and addresses of theparties; (b) the Investigation Slip number (I.S. No.) and criminal case

number, if any, and title of the case, including the offense charged in thecomplaint; (c) the venue of the preliminary investigation; (d) the specificmaterial dates showing that it was filed on time; (e) a clear and concisestatement of the facts, the assignment of errors, and the reasons orarguments relied upon for the allowance of the appeal; and (f) proof ofservice of a copy of the petition to the adverse party and the ProsecutionOffice concerned.

4. The petition shall be accompanied by legible duplicate original orcertified true copy of the resolution appealed from together with legibletrue copies of the complaint, affidavits/sworn statements and otherevidence submitted by the parties during the preliminaryinvestigation/reinvestigation.

5. Failure to comply with the above requirements shall constitute sufficientground for the dismissal of the petition.

Below is a suggested format;

Republic of the Philippines

DEPARTMENT OF JUSTICE

NATIONAL PROSECUTION SERVICE

Office of the Secretary

Padre Faura St., Ermita, Manila

________________,

Complainant-Appellant,

- versus -For: ______________

________________,

Respondent-Appellee.

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x - - - - - - - - - - - - - - - - - - - - - - - - -x

PETITION FOR REVIEW

COMES NOW, the undersigned petitioner, unto this Honorable Officerespectfully avers:

1. That on _________ the undersigned Chief of Police of ____(state the

unit and postal address)_______ upon complaint of the private offended partyfiled a case against _____(state the name and postal address of the respondent)_for ___(designation of offense)__ docketed under IS No.____ before the Office ofHonorable _________ located in ______ where the preliminary investigation tookplace;

2. That for the information of the Honorable Secretary this case started___(give the concise facts of the case)

3. That on _____(date)___ the undersigned received the Resolution of theHonorable Prosecutor copy of which is attached as Annex A disposing the caseas follows:

Note: Copy the dispositive portion of the resolution.

4. That the undersigned ______(pls give ur analysis how the Prosecutordisposed the case)___.

5. That with due respect to the Honorable Prosecutor, the undersignedbelieved that he committed error on the following:

Note: Cite now the matters that adversely affect your casespecifically pinpointing the law that supports your position

6. Attached as integral part of this petition are the following:

a) Proof of service of this Petition to the Honorable Prosecutor (Annex B)b) Proof of service of this Petition to the Appealeec) Other Records of the Case

WHEREFORE, the undersigned respectfully prays for the setting

aside of the appealed resolution of Prosecutor __________ dated _____and that thehonorable prosecutor be directed to file information (blah blah cite now the reliefhat you want if you have any)_____

Other reliefs just and equitable are likewise prayed for.

____Place________. ____Date_____.

______________________Chief of Police

VERIFICATION

JURAT

Copy furnished:

-Prosecutor

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-Respondent

The more bloody discussion is on appeal of Resolutions arising fromnquest Proceedings. During inquest, the prosecutor may recommend for the

release of the respondent. However his recommendation is subject to approvalby the head prosecutor who, in the natural course of events, acts on therecommendation only after the lapse of 3 days. Pending approval of therecommendation, does the respondent be released by the PNP so as to avoidarbitrary detention charges? The answer is NO. The officer having custody of thedetainee must wait for the Order of Release served upon him.

Although we have a principle in law that interpretations of the law mustend to benefit the person in custody, in the case of LADLAD VS VELASCO et alGR No. 172070-72 promulgated June 1, 2007), Section 9 of DOJ Circular No.61 (new Rules on Inquest) in relation to section 7 of Rule 112 (Preliminarynvestigation) was discussed and the Supreme Court seems to suggest that the

PNP should not release the respondent pending approval of the recommendationby the Head Prosecutor. If the recommendation to release the respondent isapproved because the arrest is not in accordance with the rules of warrantlessarrest but the case itself is meritorious, the Order of Release shall be served onhe officer having custody of the detainee; and, the Order to submit counter-

affidavit will be served to the respondent so that the regular preliminarynvestigation will proceed. The Resolution in the regular preliminary investigationwill be the subject of petition for review and not the resolution in InquestProceeding pursuant to the case of LEVISTE vs ALAMEDA GR No. 182677promulgated Aug. 3, 2010.

If the Prosecutor dismisses the case subject of inquest, the course ofaction is not to appeal but to file again the case curing the defect of the

complaint.

Hope, this write-up helps our frontliners.