Filing a Petition for Review with the Department of Justice (DOJ), Philippines

A comprehensive practitioner’s guide in the Philippine context

1) What a DOJ Petition for Review Is (and Isn’t)

A Petition for Review (PFR) asks the Secretary of Justice (through the National Prosecution Service) to re-examine a prosecutor’s resolution in a criminal case—typically a dismissal of a complaint or a finding of probable cause. It is an administrative appeal within the executive branch, not a court action. The Secretary may affirm, reverse, or modify the assailed resolution and, if needed, direct the filing or withdrawal of an Information, or further investigation.

Key ideas:

It is not a motion filed in court.
It does not automatically stay the filing of an Information or the conduct of preliminary investigation or trial; a stay requires an order from the DOJ or the court.
The Secretary’s review focuses on whether the prosecutor correctly evaluated probable cause based on the record—i.e., whether there were errors of fact or law or grave abuse of discretion.

2) When—and by Whom—It May Be Filed

Who may file:

Complainant whose case was dismissed (in whole or in part).
Respondent aggrieved by a resolution finding probable cause or recommending/approving the filing of an Information.
Any party prejudiced by a prosecutor’s action on reinvestigation or motion for reconsideration.

When to file (typical timelines practitioners follow):

Within 15 days from receipt of the assailed resolution (or of the denial of a motion for reconsideration).
Extensions are discretionary and must be sought before the period lapses, showing valid reasons (e.g., voluminous records, supervening events).
If a motion for reconsideration is filed with the prosecutor, the time to appeal generally stops running and resumes upon receipt of the denial, with at least a short “balance” (often treated as not less than five days).

Practice tip: Count from the actual date of receipt indicated on the registry return card, email acknowledgment, or official proof of service.

3) Grounds Commonly Invoked

While the Secretary has broad review authority, petitions are most persuasive when they show:

Errors of law – misapplication of statutes (e.g., wrong elements of the offense, misreading of special penal laws, wrong standard for probable cause).
Errors of fact – misappreciation of evidence, ignoring key affidavits or documents, or giving weight to inadmissible or unreliable evidence.
Grave abuse of discretion – capricious or whimsical exercise of judgment (e.g., refusal to consider exculpatory evidence; resolution based on speculation).
Newly discovered evidence that could materially alter the probable cause assessment (with explanation why it was unavailable despite diligence).
Procedural irregularities – denial of the right to submit counter-affidavits, failure to conduct clarificatory questioning when warranted, or non-compliance with rules on service/notice.

4) Where to File and Service on Adverse Parties

Filing office:

Address to the Secretary of Justice, through the National Prosecution Service. Filing is usually done at the DOJ (Manila) receiving/records unit or other designated filing channels. Some periods have allowed electronic filing per DOJ guidance; check the current filing modality and cut-off times before lodging.

Service:

Serve a complete copy (with annexes) on the adverse party/ies (e.g., complainant or respondent) and on the issuing prosecution office, with proof of service (registry receipts, personal service acknowledgment, or acknowledged email if allowed).

5) Form and Contents: What to Put in the Petition

A clear, well-organized petition is critical. A common, court-style format works:

A. Caption and parties

Indicate the DOJ case (if known), the lower I.S. number (investigation slip/docket), the case title, and parties’ complete details.

B. Prefatory statement / Overview

In 1–2 pages, state the nature of the petition, the assailed resolution(s) with dates, and the precise relief sought (e.g., reversal and filing of Information for X offense; or dismissal of complaint).

C. Questions Presented / Issues

Frame concise, answerable legal/factual issues.

D. Statement of Facts and Proceedings

Neutral chronology; highlight record citations (Annex letters/labels).

E. Arguments Organize by ground. For each:

State the controlling legal elements of the offense (or defense).
Show why the evidence meets/fails those elements.
Explain errors in the prosecutor’s appreciation and why they matter to probable cause.
Tackle adverse points fairly.

F. Prayer

Specific, positive relief (affirm/reverse/modify; direct filing or withdrawal of Information; order reinvestigation; stay of proceedings if warranted).

G. Verification and Certification

Verification (petitioner has read and attests to truth based on personal knowledge/records).
Certification against forum shopping (prudent to include even in administrative appeals to avoid dismissal, disclosing any other actions involving the same issues).
Notarization (ensure proper jurat; attach competent evidence of identity).

H. Annexes (complete and legible) Common annexes include:

Assailed prosecutor’s resolution(s) and the approval page.
Complaint-Affidavit, Counter-Affidavits, Reply/Rejoinder, and supporting evidence.
Transcripts/recordings if relied upon.
Information (if already filed) and pertinent court orders, if any.
Motion for Reconsideration (and denial), if filed.
Proofs of service at every stage.

Practice tip: Paginate annexes, provide a document index, and include highlighted excerpts in the body with pinpoint references.

I. Format niceties

Readable font and spacing; page numbers; bookmarked PDF if e-filing.
Affidavits must comply with oath and documentary stamp tax requirements where applicable.

6) Filing Fees and Costs

Fees and payment modalities (if any) are set by current DOJ guidelines and may vary with filing mode (physical vs. electronic).
Courier, notarization, and duplication costs are for the party.

Practice tip: Confirm the latest fee schedule and whether electronic proof of payment is accepted to avoid rejection at the window or in the e-portal.

7) What Happens After Filing

A. Docketing and Comments

The DOJ dockets the case and typically directs the adverse party to comment within a set period (extensions are discretionary).
The case records from the prosecution office may be elevated for review.

B. Clarificatory action

The reviewing office may call for additional submissions, clarificatory questions, or oral conference (rare).

C. Disposition

The Secretary (or authorized officials) may:
1. Affirm the resolution;
2. Reverse/modify (e.g., direct filing/withdrawal of Information; identify correct offense);
3. Order reinvestigation; or
4. Dismiss the petition (procedural or on the merits).

D. Effect on court proceedings

If an Information is already filed, trial courts retain control of the case. A DOJ reversal does not, by itself, oust court jurisdiction. Prosecutors may move to withdraw the Information, but leave of court is required; the judge exercises independent assessment of probable cause.

E. Execution and compliance

Prosecutors must comply with the Secretary’s final directives (e.g., file/withdraw/amend; conduct reinvestigation). Non-compliance can lead to administrative consequences.

8) Standards of Review and Burdens

Probable cause in preliminary investigation is a practical, common-sense standard; it need not prove guilt beyond reasonable doubt.
Petitioners must show that the assailed resolution suffers from material error—not merely a difference in appreciation.
The Secretary respects the prosecutor’s front-line evaluation, but will intervene where there is misapprehension of facts/law or grave abuse.

9) Interaction with Other Remedies

Motion for Reconsideration (MR) with the Prosecutor: Often a prudent first step; can narrow issues and clarify gaps.
Court review of DOJ resolutions: Typically via Rule 65 (certiorari) before the Court of Appeals to correct grave abuse of discretion by the Secretary of Justice. Routine re-weighing of evidence is disfavored.
Rule 43 appeals are generally not the mode for DOJ resolutions (the DOJ acts in an executive, not quasi-judicial, capacity in PI review).
Criminal case already in court:
- Seek hold orders or deferment only when justified; there’s no automatic stay.
- Coordinate strategies: a DOJ PFR, a motion to defer with the trial court, or a motion to determine probable cause (judicial).

10) Common Pitfalls (and How to Avoid Them)

Late filing / proof gaps – Diary the deadline upon receipt; attach clear proof of receipt and timely service.
Incomplete record – Missing annexes sink petitions; include everything material from the PI record.
Over-arguing credibility – Focus on elements of the offense and why the minimum evidentiary threshold is (not) met.
Forum shopping risks – Disclose any parallel court actions (e.g., motions in the trial court) in a certification; explain distinctions.
Improper relief – The DOJ cannot grant civil damages or contempt; tailor the prayer to prosecution-related relief.
Ignoring supervening events – If the Information was filed or withdrawn, tell the DOJ; it affects the proper directive (e.g., reinvestigation vs. withdrawal with leave of court).
E-filing missteps – If available, follow exact file naming, PDF size, and bookmarking rules; include a consolidated index.

11) Model Skeleton (Checklist)

Cover page / Caption
Prefatory Statement (assailed resolution, dates, relief)
Issues Presented
Statement of Facts/Proceedings (with record citations)
Arguments
- Error of law on elements of offense
- Misappreciation of key evidence
- Grave abuse / procedural irregularity
Prayer
Verification & Certification against Forum Shopping (notarized)
Annexes (A–Z with index)
Proof of Service (all parties + issuing office)

12) Ethical and Professional Considerations

Candor and completeness: Do not suppress adverse evidence; address it forthrightly.
Privacy and redactions: Redact minors’ identities, sensitive data (e.g., addresses, medical records) consistent with privacy laws and victim-protection statutes.
Victim/Complainant communication: Keep complainants informed of status and timelines, especially in sensitive crimes.
Coordination with law enforcement: Ensure chain-of-custody and documentary integrity for physical/digital evidence relied on.

13) Strategic Notes by Scenario

A. Dismissal of complaint for “insufficiency”

Reframe the elements, show documentary support, and point to overlooked evidence.
If evidence is obtainable but absent, ask for reinvestigation with a concrete plan (e.g., to secure CCTV certification, medical corroboration, or authenticated records).

B. Finding of probable cause for the wrong offense

Argue proper classification (e.g., estafa vs. civil default; slight vs. serious physical injuries), and the practical consequences (prescriptive periods, penalties).

C. Conflicting affidavits / “he-said, she-said”

Probable cause tolerates conflict, but internal inconsistencies, implausibility, or objective contradictions (e.g., timestamps, geolocation metadata) can defeat it.

D. Corporate or cybercrime cases

Emphasize document trails, authorization matrices, and digital forensics basics (hashes, logs, preservation letters).
Explain jurisdiction/venue clearly (e.g., where the offense or any element occurred; where data was accessed or damage was felt).

14) Outcomes and Their Implementation

Reversal with directive to file Information: Prosecutor files the case; if a court earlier dismissed, consider new Information or MR if appropriate under rules.
Affirmance (petition denied): Consider Rule 65 to CA, or case-specific trial court remedies (e.g., demurrer later, or motions within PI if still pending).
Order to conduct reinvestigation: Participate actively; submit supplemental evidence; ask for reasonable timelines.
Directive to withdraw Information: Prosecutor must seek leave of court; prepare for a hearing where the judge independently weighs the evidence.

15) Practical Timeline (Typical Flow)

Receive prosecutor’s resolution → Diary 15 days.
(Optional) MR with prosecutor → await denial.
Prepare PFR → finalize verification, annexes, proof of service.
File and serve; keep proof.
Await comment from adverse party (if directed), and possible record elevation.
Resolution by DOJ → comply/coordinate with prosecutor and, if applicable, trial court.

16) Quick Do/Don’t

Do:

Anchor arguments on elements, evidence, and the probable cause standard.
Index and paginate annexes; cite them precisely.
Maintain professional tone—no invective.
Keep the DOJ informed of supervening court developments.

Don’t:

Assume a DOJ filing stops court proceedings—seek a specific order.
Rely on sweeping factual claims without record support.
Miss deadlines; extensions are not automatic.
Split remedies without disclosure (risk of forum shopping).

17) Final Takeaway

A Petition for Review is a focused, records-based appeal that asks the DOJ to correct material errors in a prosecutor’s probable cause assessment. Success turns on discipline with the elements, complete documentation, procedural prudence, and credible, concise advocacy. Prepare as though the reader will see only what you submit—because, in many cases, that’s effectively true.