Filing a Petition for Review with the Department of Justice (DOJ) After Prosecutor’s Inaction in the Philippines
(Note: This article is for general informational purposes only and does not constitute legal advice. For specific concerns, it is best to consult a licensed attorney.)

1. Overview and Legal Basis

In the Philippines, criminal proceedings typically begin with a complaint filed before the Office of the City or Provincial Prosecutor (collectively referred to as the “Prosecutor’s Office”). This leads to a preliminary investigation, conducted to determine if there is probable cause to warrant the filing of criminal charges in court.

When the Prosecutor’s Office fails to act on a complaint (commonly referred to as “inaction”) or if a complainant disagrees with a resolution issued by the investigating prosecutor, the aggrieved party has several legal remedies. One primary remedy is to file a Petition for Review with the Secretary of the Department of Justice (DOJ).

The authority for this remedy can be found in:

Rule 112 of the Revised Rules of Court, which governs preliminary investigations;
DOJ Circulars (such as the DOJ Rules on Appeals) that set out detailed procedures for petitions for review; and
Various DOJ issuances that guide both litigants and prosecutors on the review process.

2. Preliminary Investigation and the Prosecutor’s Duty

2.1. Conduct of Preliminary Investigation

Preliminary investigation is a crucial stage in the criminal justice system. The complainant files a complaint, and the respondent is given a chance to submit counter-affidavits and other supporting evidence. The investigating prosecutor then evaluates whether there is sufficient ground to proceed with a criminal charge in court.

2.2. Prosecutor’s Timeframe and Possible Inaction

Philippine law and DOJ rules expect prosecutors to resolve complaints within a reasonable time—often within 60 days from the date the case is deemed submitted for resolution, though this may vary depending on complexity and internal guidelines. If a prosecutor does not act on the complaint beyond the usual timeframe—or, in some cases, unduly delays the resolution—this can be deemed “inaction.”

3. Grounds and Rationale for a Petition for Review

A Petition for Review before the DOJ is essentially an administrative appeal. While the typical scenario for filing a Petition for Review is when the prosecutor dismisses the complaint or resolves it in a manner that the complainant finds objectionable, it also covers instances of inaction.

Grounds to file a Petition for Review include (but are not limited to):

Inaction or Delay: The prosecutor fails to resolve the complaint within the prescribed or a reasonable period;
Grave Error in Assessing Evidence: The prosecutor commits errors in evaluating probable cause or misapplies the law;
Procedural Irregularities: There were procedural lapses during the preliminary investigation that materially affect the outcome.

4. Who May File the Petition for Review

Both a complainant (if a complaint was dismissed or left unresolved) and a respondent (if an Information is approved for filing in court without probable cause) may file a Petition for Review. For the specific case of inaction, the complainant is the party most likely to seek relief from the DOJ to compel resolution of the case.

5. When to File the Petition for Review

5.1. Filing Period for Inaction

If the Prosecutor’s Office remains silent on the complaint, the rules typically require the aggrieved party to give the prosecutor a reasonable opportunity to resolve the complaint. While there is no exact statutory number of days for “inaction,” practice dictates that a delay beyond the typical 60-day window (or any specific period stated in the prosecutor’s internal guidelines) could justify a petition.

Often, the process begins with the complainant making written follow-ups or inquiries regarding the status of the complaint. If this still yields no resolution, one can proceed to elevate the matter to the DOJ.

5.2. Filing Period for Appealing an Adverse Resolution

Where there is a resolution (e.g., dismissal of the case), the petition must be filed within 15 days from receipt of the prosecutor’s resolution or the denial of a motion for reconsideration, whichever is later.

6. How to File a Petition for Review

6.1. Formal Requirements

Caption and Title: The petition should clearly indicate it is a “Petition for Review” under the DOJ Rules.
Parties: Include the names of the complainant (petitioner) and respondent (if applicable).
Statement of Facts and Issues: Provide a clear narration of the relevant events, focusing on the prosecutor’s inaction or delay, and the legal or factual grounds why the DOJ should intervene.
Relief Sought: Clearly state what you want the DOJ to do—e.g., direct the prosecutor to resolve the case or remand it for further investigation.
Verification and Certification Against Forum Shopping: Attach a sworn statement that the facts are true and that you have not commenced any other action involving the same issues in a different forum.

6.2. Supporting Documents

Copies of Evidence or Pleadings: Any affidavits or documents submitted during the preliminary investigation, to provide the DOJ with a complete record;
Proof of Follow-Ups (for inaction): Letters or other written communication showing attempts to obtain a resolution from the prosecutor;
Official Receipts: Pay the required docket or filing fees, if imposed by DOJ rules.

6.3. Filing Location

Direct Filing to the DOJ: Typically, the petition is filed with the DOJ’s main office in Manila. However, some regional DOJ offices may accept the petition, which they then forward to the main office.
Service on Adverse Parties: Provide copies to the involved parties, including the Prosecutor’s Office and, if relevant, the respondent in the criminal complaint.

7. The DOJ Review Process

7.1. Docketing and Preliminary Evaluation

Upon receiving the petition, the DOJ will assign a docket number and evaluate whether it satisfies filing requirements (e.g., timeliness, completeness, payment of fees). Incomplete or patently defective petitions may be dismissed outright.

7.2. Possible Actions by the DOJ

Require Comments or Further Evidence: The DOJ may direct the respondent or the Prosecutor’s Office to comment on the petition or furnish additional records.
Call for a Clarificatory Conference: Though less common, the DOJ may conduct clarificatory hearings, especially in complex cases.
Issue a Resolution: Ultimately, the DOJ will either:
- Order the Prosecutor’s Office to Resolve the Complaint: In instances of inaction, the DOJ may compel the prosecutor to finalize the preliminary investigation;
- Order the Filing of Criminal Charges: If the DOJ finds probable cause on its own evaluation;
- Affirm a Dismissal: If it finds the complaint to lack merit; or
- Remand for Further Investigation: If the DOJ believes additional evidence or steps are necessary.

7.3. Timelines for DOJ Resolution

While the DOJ endeavors to resolve petitions promptly, resolution times can vary. Delays may arise from the complexity of the case, backlog, or procedural requirements (e.g., opportunities for both sides to submit comments).

8. Effect of the DOJ’s Resolution

8.1. Binding on the Prosecutor’s Office

Once the DOJ issues a resolution, the Prosecutor’s Office must generally abide by it. For instance, if the DOJ directs the prosecutor to file charges, the prosecutor normally has the ministerial duty to comply, barring extraordinary circumstances (e.g., new evidence that drastically changes the case’s complexion).

8.2. Further Remedies

If an aggrieved party disagrees with the DOJ’s resolution, other remedies could include:

Motion for Reconsideration: Filed with the DOJ to highlight errors of fact or law in the resolution;
Petition for Certiorari (Rule 65, Rules of Court): If the party believes there was grave abuse of discretion on the part of the DOJ. This is filed before the Court of Appeals or the Regional Trial Court with jurisdiction over the area (depending on specific rules and circumstances);
Appeal to the Office of the President: On certain administrative cases or in rare instances where the DOJ resolution itself may be appealed administratively.

9. Practical Tips

Document All Follow-Ups: When claiming inaction, make sure to have documentary evidence (e.g., letters, official receipts of filed motions) demonstrating efforts to prompt the prosecutor’s action.
Be Mindful of Deadlines: Even if there is inaction, do not wait excessively long. Document each stage of the delay and seek legal counsel if unsure about when to elevate the matter.
Submit Complete Records: In petitions for review, the completeness of evidence is crucial. Missing records can cause further delay or outright dismissal of the petition.
Consult a Lawyer: The rules surrounding appeals, preliminary investigations, and filing procedures can be intricate. Proper legal advice helps ensure compliance with requirements.

10. Conclusion

Filing a Petition for Review with the DOJ after a prosecutor’s inaction offers complainants a means of preventing undue delay and ensuring that meritorious cases move forward. This remedy serves as a check-and-balance on the discretionary powers of the Prosecutor’s Office. By understanding the legal grounds, procedural rules, and requirements—and by diligently following up on the complaint—an aggrieved party can safeguard their right to a fair and timely investigation.

Nonetheless, the process can be complex and time-sensitive, so professional legal guidance is highly recommended for individuals navigating this procedure.