Dear PAO,
I filed a Motion for Reconsideration to the Resolution of the fiscal
recommending the filing of serious physical injuries against me. Do I
still have a remedy if my motion is not granted? Does your office give
assistance to this kind of problem?
ML
Dear ML,
Resolutions of the prosecutors on the preliminary investigation of
criminal complaint filed before them may be appealed to the Secretary of
Justice. If your Motion for Reconsideration is denied, you may appeal
the same by filing a verified petition for review before the Office of
the Secretary of Justice and furnishing copies thereof to the adverse
party and the Prosecutor’s Office which issued the resolution (Section
4, NPS Rule on Appeal). Your petition shall be filed within fifteen (15)
days from the receipt of the resolution denying your motion for
reconsideration (Section 3, NPS Rule on Appeal).
The petition shall contain or state the following: (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 (Section 5, NPS Rule on Appeal).
As to your second question, the Public Attorney’s Office (PAO) gives
assistance to qualified clients in civil, criminal, labor,
administrative and other quasi-judicial cases. To be qualified, the
prospective client shall pass both the merit and indigency tests. A case
shall be considered meritorious, if an assessment of the law and
evidence on hand, discloses that the legal services of the office will
assist, or be in aid of, or in the furtherance of justice, taking into
consideration the interests of the party and those of society. In
criminal cases, the accused enjoys the constitutional presumption of
innocence until the contrary is proven, hence, cases of defendants in
criminal actions are considered meritorious (Section 2, PAO Operations
Manual). On the other hand, the following are considered indigent
persons: 1) If residing in Metro Manila, whose net income does not
exceed P14,000.00 a month; 2) If residing in other cities, whose net
income does not exceed P13,000.00 a month; and 3) If residing in all
other places, whose net income does not exceed P12,000.00 a month
(Section 3, PAO Operations Manual).
We hope that we were able to answer your queries. Please be reminded
that this advice is based solely on the facts you have narrated and our
appreciation of the same. Our opinion may vary when other facts are
changed or elaborated.
source: Manila Times' Column of Atty Persida Acosta
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