NATIONAL PROSECUTION SERVICE City Prosecution Office Lipa City 2019.pdf · consolidation, early resolution, reopening, reconsideration, and affidavit of desistance. Additional pleadings

Republic of the Philippines Department of Justice

NATIONAL PROSECUTION SERVICE City Prosecution Office Lipa City

CITIZEN’S CHARTER

VISION

A prosecution service composed of highly professionalized, committed,

competent and morally upright public servants who enjoy the full trust and

confidence of the people

MISSION

The prosecution service as the vanguard of the rights of the people through

ethical, impartial and efficient investigation and prosecution of criminal cases.

FRONTLINE SERVICES

A. General Principles Behind All Procedures:

The goal of the enhanced, standardized procedures is to facilitate speedy justice and improve the performance of

prosecution offices. Hence, it is important to immediately and effectively 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 submitted documents for correctness and completeness

before receiving them to facilitate speedy action. Conversely, incorrect and incomplete documents will lead to

unnecessary delays.

- Validation of complete and proper documents must be done before proceeding to the next step.

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.

1. RECEIPT OF COMPLAINTS AND RELATED DOCUMENTS

a. Case management by prosecution offices commences upon the

receipt of:

* the complaints and pleadings files by the parties before the

Office of the Chief State Prosecutor (OCSP), Office of the Regional

State Prosecutor (ORSP), Office 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; and

* Court Orders

b. Complaints and pleadings are checked in terms of correctness,

completeness and arrangement before actual receipt, as a

measure not only partially screen the same, but also to help

ensure the smooth processing thereof later.

c. Assessment and collection of applicable legal fees should also be

strictly observed pursuant to DOJ Circular No. 63 dated 16

November 2004, Guidelines in the Assessment and Collection of

Legal Fees, prior to the issuance of the O.R.

2. RECORDING AND DOCKETING

a. All new and referred complaints, pleadings, resolutions,

and Court Orders shall be docketed and recorded

immediately.

b. A complaint shall immediately informed of the NPS docket

number (replacing the former I.S number) upon receipt of

a new complaint and assignment of docket number

thereon.

c. Additional pleadings, DOJ/OSRP resolutions and Court

Orders received relative to active or resolved cases that

were already 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

3. ROUTING AND ASSIGNMENT

a. Routing of cases and case documents should be done

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.

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

c. All administrative work procedures from the time of receipt up

to the routing of the same to the assigned prosecutor shall

not exceed then (10) calendar days, except in the following

instances:

* in inquest proceedings where cases should immediately be

routed to an investigating prosecutor; and

* mailed or referred complaints/pleadings with incomplete

documents and/or payment applicable legal fees, for which

the concerned party will be required to comply.

4. SERVICE, TURNOVER AND RELEASE OF CASE

DOCUMENTS

As general rule, all outgoing documents (e.g.,

subpoena, letters, indorsement, resolutions) should

immediately be processed and released by the designated

records staff and process servers, as the case may be.

I. FILING OF COMPLAINTS FOR PRELIMINARY INVESTIGATION

A. FILED BY PRIVATE INDIVIDUALS ENTITIES OR GOVERNMENT AGENCIES/REFERRED BY THE LAW

ENFORCEMENT

STEP PROCEDURE TIME FRAME PERSON-IN-CHARGE FEES

1. Receiving a Complaint

i. Check the documents if they comply with the requirements,

such as;

a. Complaint affidavit/s and affidavit of witness/es (nine (9)

copies) b. Supporting documents e.g., Medical Certificates or any other

Certifications, Pictures, Demand Letters, etc. (nine (9) copies)

c. NPS Investigating Form accomplished by the complainant (nine (9) copies)

ii. Receive the complaint with all

the duplicate and supporting documents.

iii. Record the complaint in the appropriate logbook.

5 minutes Administrative Officer III None

2. Docketing and Recording

i. Assigned the NPS docket number using the guide. NPS

docket number is a code that contain five parts separated by

hyphens. (NPS Region-IV, Provincial/City Office-15,

Investigation-INV, Year/Month-17I, 4 digits numbers-0123 e.g., IV-15-INV-17I-0123)

ii. Write down or stamp the NPS

docket number on the appropriate space in the 3 to 8 copies of Investigation Data Form duly

accomplished and certified under oath by the complainant

iii. Give one (1) copy of the

Investigation Data Form and attached supporting documents to the complainant.

iv. Record the complaint in the

appropriate logbook and electronic database.

v. Forward the case documents to the head of office or the duly

designated assistant or unit for assignment



i. Assign the case to a prosecutor by randomly matched by raffling,

with or without consideration of prosecutor case loads and/or

specialization.

ii. Forward the documents to the assigned investigating prosecutor.

iii. Forward the recommendatory documents (resolutions, and/or

Information for filing in court), when necessary, from the assigned prosecutor to the head

office or duly designated assistant for review and appropriate action

10 minutes Reviewing Prosecutor None

4. Service, Turnover and Release of Case Documents

4A. SUBPOENA i. Serve the subpoena through

personal service, law enforcement or barangay personnel and registered mail with return card

Within the day Process Server None

4B. RESOLUTION FOR DISMISSAL

i. Immediate upon receipt, check whether or not the resolution has

been approved or disapproved and signed by the head of office.

ii. Update the appropriate logbooks and electronic database.

Within the day Administrative Officer III None

iii. Immediate transmit copies of the resolution to the parties.

iv. Attach copies of the resolution

and proof of transmittal/service/ receipt in the case record

v. File the complete case record in the office

4C. FILING OF INFORMATION IN COURT

I. i. Immediate upon receipt, check whether or not the resolution has been approved or

disapproved and signed by the head of office.

ii. Update the appropriate

logbooks and electronic database. iii. Immediate transmit copies of

the resolution to the parties.

iv. Attach copies of the resolution and proof of transmittal/service/

receipt in the case record v. File the complete case record in

the office

vi. File the Information, together with the copies of the resolution


and supporting documents before the proper court.

vi. Update the appropriate

logbooks and electronic database.

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

viii. File the complete case record

in the office

II. FILING OF COMPLAINTS FOR INQUEST PROCEEDINGS


1. Receiving a Complaint

i. Receive the following documents such as;

a. Affidavit of Arrest (nine (9)

copies) b. NPS Investigating Form accomplished by the law enforcer

or citizen effecting the arrest(nine (9) copies)

c. Affidavit of the complainants and witnesses

ii. Receive the complaint with all the duplicate and supporting

documents.

iii. Record the complaint in the appropriate logbook.


2. Docketing and Recording

i. Assigned the NPS docket

number using the guide. NPS docket number is a code that

contain five parts separated by hyphens. (NPS Region-IV,

Provincial/City Office-15, Investigation-INV, Year/Month-


17I, 4 digits numbers-0123 e.g., IV-15-INV-17I-0123)

ii. Write down or stamp the NPS

docket number on the appropriate space in the 3 to 8 copies of

Investigation Data Form. iii. Give one (1) copy of the

Investigation Data Form and attached supporting documents to

the law enforcer or private complainant.

iv. Record the complaint in the appropriate logbook and electronic

database.

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

assignment

3. ASSIGNMENT AND ROUTING

i. Assign the case to a prosecutor

based on the appropriate and existing team of prosecutors or

existing task force. ii. Forward the documents to the

assigned inquest prosecutor.

iii. Forward the recommendatory documents (resolutions, and/or

10 minutes Reviewing Prosecutor None

Information for filing in court), when necessary, from the

assigned prosecutor to the head office or duly designated assistant

for review and appropriate action


4A. RESOLUTION TO

CONDUCT FURTHER PRELIMINARY

INVESTIGATION i. Immediate upon receipt, check whether or not the resolution has



iii. Reproduce/arrange case

documents for release to the parties and assignment/routing to

an investigating prosecutor. iv. Immediate transmit copies of

the resolution to the parties.

v. Forward the case documents together with the resolution to the

head of office or duly designated assistant or unit of assignment.






iii. Reproduce/arrange case

documents for release to the parties and assignment/routing to an investigating prosecutor.

iv. Immediate transmit the

following:

-Resolution to the parties and to the office of the respondent -Order of release of respondent to

the law enforcer concerned



the office



I. i. Immediate upon receipt, check whether or not the

resolution has been approved or disapproved and signed by the

head of office. ii. Update the appropriate




receipt in the case record

v. File the complete case record in the office



vi. Update the appropriate logbooks and electronic database.

vii. Attach a duly acknowledged

copy of the Information and resolution in the case record


viii. File the complete case record

in the office

III. ADDITIONAL PLEADINGS

Additional Pleadings refer to pleadings file after a complaint/case has been assigned to a particular prosecutor

and/or already resolved, other than those submitted directly to the investigating/inquest prosecutor in the course of

the proceedings (e.g., supplemental/counter-affidavit, reply, rejoinder). These additional pleadinfs include those

filed before the prosecution office but are not limited to motions for admission of additional evidence, inhibition,

consolidation, early resolution, reopening, reconsideration, and affidavit of desistance. Additional pleadings do not

include counter-affidavits, reply affidavits and rejoinder affidavits, among others.


1. Receiving i. Check the pleading in terms of compliance with the following

documentary requirements:

a. For all pleadings, the general requirements are; -Name and addresses of the

parties -NPS docket number and Criminal

Case number and title of the case including offense/s charged in the complaint;

-Proof of service of a copy of the pleading to the adverse party

b. For Motion for Reconsideration, the additional requirement shall be


a copy of the Motion Defer Proceedings as received by the

court, if an Information has already been filed in court.

ii. Receive the original copy of the

O.R. together with the pleading and supporting documents.

iii. Forward the pleading, supporting documents and the

original copy of O.R. to the designated docket staff.

2. Docketing and

Recording

i. Record the additional pleading in

the appropriate logbook and electronic database.

ii. Update the index file of the

case



i. Immediate route the additional pleading to the head of office

and/or duly designated assistant or unit for appropriate action.



4A. SUBPOENA

i. Serve the subpoena through personal service, law enforcement

or barangay personnel and registered mail with return card.


ii. Immediate attach the documents above to the case

record.

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

record.





iii. Immediate transmit copies of

the resolution to the parties. iv. Attach copies of the resolution

and proof of transmittal/service/ receipt in the case record

v. File the complete case record in

the office



I. i. Immediate upon receipt, check whether or not the

resolution has been approved or


disapproved and signed by the head of office.

ii. Update the appropriate





the office



vi. Update the appropriate logbooks and electronic database.

vii. Attach a duly acknowledged

copy of the Information and resolution in the case record

viii. File the complete case record in the office

IV. APPEALS AND PETITION FOR REVIEW

Appeals/petitions for review may be files only before

the OSEC, OCSP or ORSP.

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 subpoenas duces

tecum. Resolutions on appeal before the Offices of the

Secretary of Justice, Chief State Prosecutor or Regional State

Prosecutor

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.

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