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DOJ Department Circular No. 027 - 2022 NPS Rule On Appeal

The DOJ Department Circular No. 027 establishes a new Rule on Appeal for the National Prosecution Service (NPS) to enhance the administration of justice. It outlines the review process for appeals from various prosecutors and reserves the Secretary of Justice's right to evaluate resolutions for fairness and justice. Additionally, a Prosecution Integrity Board will be formed to monitor and assess prosecutor performance, and the circular modifies previous department circulars while remaining effective after publication.

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398 views1 page

DOJ Department Circular No. 027 - 2022 NPS Rule On Appeal

The DOJ Department Circular No. 027 establishes a new Rule on Appeal for the National Prosecution Service (NPS) to enhance the administration of justice. It outlines the review process for appeals from various prosecutors and reserves the Secretary of Justice's right to evaluate resolutions for fairness and justice. Additionally, a Prosecution Integrity Board will be formed to monitor and assess prosecutor performance, and the circular modifies previous department circulars while remaining effective after publication.

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pink.strawberry12345678
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July 13, 2022

DOJ DEPARTMENT CIRCULAR NO. 027

SUBJECT : 2022 NPS Rule on Appeal

In the interest of speedy, efficient, and effective administration of justice, pursuant to the provisions
of existing laws, this Rule on Appeal from rulings of prosecutors in the National Prosecution Service (NPS)
is hereby adopted:

SECTION 1. The Office of the Secretary of Justice shall review appeals from resolutions of the
Prosecutor General in cases subject to its preliminary investigation as referred to it by various government
agencies, and from resolutions of the Provincial/City Prosecutors in cases cognizable by the Regional Trial
Court.
SECTION 2. Resolutions of the Provincial/City Prosecutors in cases cognizable by the
Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial Court, and Municipal Trial Court in
Cities shall be reviewed on appeal by the Prosecutor General in his/her capacity as the Regional State
Prosecutor in the National Capital Region and by the Regional State Prosecutors with respect to their
respective regions. Cases decided on appeal by the Prosecutor General and by the Regional State
Prosecutors under this provision shall be considered final and no longer be appealable to the Office of the
Secretary of Justice. HTcADC

SECTION 3. Notwithstanding the above, the Secretary of Justice reserves the right to evaluate,
in the interest of justice, to afford fair play and prevent the miscarriage of justice, motu proprio or upon
written and signed complaint, any resolution of the Prosecutor General, Regional State Prosecutors and
Provincial/City Prosecutors. This residual power of review shall conform with the constitutional requirements
of due process and will be covered by a relevant department circular to be issued by the Office of the
Secretary of Justice.

SECTION 4. There shall be formed a Prosecution Integrity Board to monitor, audit from time to
time and assess the performance of the Prosecutor General, Regional State Prosecutors and
Provincial/City Prosecutors in the conduct of the preliminary investigation and/or appeal. This shall be
covered by a relevant department circular to be issued by the Office of the Secretary of Justice.

SECTION 5. This Circular modifies Department Circular No. 70 dated 3 July 2000 and
Department Circular No. 70-A, dated 10 July 2000. All provisions of these two circulars and Department
Circular No. 18 dated 8 March 2017 not inconsistent with this Circular shall remain in force and effect.

SECTION 6. This Circular shall take effect fifteen (15) days after publication in two (2)
newspapers of general circulation and after copies have been furnished to the Office of the National
Administrative Register (ONAR), UP Law Center, University of the Philippines, Diliman, Quezon City.

(SGD.) JESUS CRISPIN C. REMULLA


Secretary

Published in the Philippine Daily Inquirer on July 15, 2022.

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