Republic of the Philippines Department of Justice
NATIONAL PROSECUTION SERVICE _____________________
_____________________
(___) Referral letter by the law enforcement agency clearly stating that it is a commencement of criminal action for a particular offense (___) complaint-affidavit/sworn-statement of private complainant/
victim (5 copies plus number of respondents; must include original copy)
(___) affidavit/sworn-statement of witnesses/es (5 copies plus number of respondents; must include original copy)
Supporting Documents, when required: (5 copies plus number of respondents)
(___) Medical certificate, in physical injuries cases (___) Police Investigation Report
(___) Police Sketches, in cases of vehicular collision (___) Photographs, in cases of vehicular collision
(___) POEA Certification of Non-Licensee or Non-Holder of Authority, in illegal recruitment cases
(___) Death Certificate, in cases of parricide, murder, homicide
(___) Authority to File Complaint signed the Commissioner of Customs or Commissioner of Internal Revenue, for violation of the Tariff and Customs Laws or National Internal Revenue Code, respectively
(___) Investigation Data Form (NPS INV Form No. I); duly
accomplished and certified under oath by private complainant (2 copies)
CheCKLIst 3: Inquest
Republic of the Philippines Department of Justice
NATIONAL PROSECUTION SERVICE __________________________ __________________________
(___) Affidavit of Arrest/Apprehension (and Affidavit of Turnover, in case of citizen’s arrest); (5 copies plus number of persons arrested/respondents)
(___) Investigation Report
(___) Affidavit of complainant and witnesses (5 copies plus number of persons arrested/respondents)
(___) Investigation Data Form (NPS-INV Form No. 1) duly accomplished and certified under oath by the law enforcer or citizen effecting the arrest (2 copies)
Supporting documents, in specific cases: Murder, Homicide and Parricide a.
(___) certified true/machine copy of the certificate of death of the victim
(___) autopsy report and the certificate of post-mortem examination, if already available
(___) marriage certificate, in parricide cases
Frustrated or Attempted Homicide, Murder, Parricide b.
and Physical Injuries
(___) certification or statement as to duration of the treatment or medical attendance
(___) certification or statement as to duration of incapacity for work
(___) marriage certificate in frustrated or attempted parricide cases
Violation of the Dangerous Drugs Law/Comprehensive c.
Dangerous Drugs Act of 2002 (R.A. 9165)
(___) chemistry report or certificate of laboratory examination duly signed by the forensic chemist, or if unavailable, field test results on the seized drug as attested to by a PNP Narcotics Command operative or other competent person
(___) machine copy or photograph of the buy-bust money, if available
(___) affidavit of the poseur buyer, if any
Theft and Robbery, Violation of the Anti-Piracy and d.
Anti-Highway Robbery Law (P.D.532) and Violation of the Anti-Fencing Law (P.D.1612)
(___) a list/inventory of the articles and items subject of offense; and
(___) statement of their respective values
Rape, Seduction, and Forcible Abduction with Rape e.
(___) the medico-legal report (living case report) if the victim submitted herself for medical or physical examination Violation of the Anti-Carnapping Law (R.A.6539) f.
(___) machine copy of the certificate of motor vehicle registration
(___) machine copy of the current official receipt of payment of the registration fees of the subject motor vehicle (___) photograph of the motor vehicle, if readily available (___) certification from the Traffic Management Group/Land
Transportation Office (___) other evidence of ownership
Violation of the Anti-Cattle Rustling Law (P.D.533) g.
(___) machine copy of the cattle certificate of registration; and
(___) photograph of the cattle, if readily available Violation of Illegal Gambling Law (P.D.1602) h.
(___) gambling paraphernalia
(___) photograph of the gambling paraphernalia, if any; and (___) cash money, if any
Illegal Possession of Firearms, Ammunitions and i.
Explosives (P.D.1866, as amended by R.A. 8294) (___) chemistry report duly signed by the forensic chemist;
and
(___) photograph of the explosives, if readily available Violation of the Fisheries Law (P.D.704)
j.
(___) photograph of the confiscated fish, if readily available (___) photograph of fishing paraphernalia, if any; and (___) certification of the Bureau of Fisheries and Aquatic
Violation of R.A. 9262 (VAWC) k.
(___) marriage contract/certificate, or affidavit/evidence of “dating relationship”, if applicable; and
(___) barangay protection order (BPO), if any
Where the victim/offender is a minor:
(___) birth certificate;
or dental chart accompanied by the certificate of the dentist; or affidavit of any of the parent/disinterested person stating the age and date of birth of the victim/offender
(___) certificate of discernment from the LSWD in cases covered by R.A. 9344 (“the Juvenile Justice and Welfare Act), in cases where the offender is 15 years old and below 18 years old
CheCKLIst 4: Appeals/Petitions for Review
Republic of the Philippines Department of Justice
NATIONAL PROSECUTION SERVICE OFFICE OF THE CHIEF STATE PROSECUTOR
P. Faura, Manila
(___) Verified Petition for Review (2 copies) stating /containing the following:
(___) names and addresses of the parties involved
(___) NPS docket number (formerly I.S. number) and Criminal Case No., if any; title of case including the offense charged in the complaint
(___) proof of service of a copy of the petition to the adverse party and the Prosecution Office concerned
(___) Legible duplicate original or certified true copy of the resolution appealed from
(___) Legible certified true copies of the complaint, affidavits/sworn- statements
(___) Other evidence submitted by the parties during the preliminary investigation
(___) Copy of the motion to defer proceedings as received by the court, if the case has been filed in court
CheCKLIst 5: Petitions for Certiorari
Republic of the Philippines Department of Justice
NATIONAL PROSECUTION SERVICE OFFICE OF THE CHIEF STATE PROSECUTOR
P. Faura, Manila
(___) letter-request for the Chief State Prosecutor to endorse the petition to the Office of the Solicitor General (OSG)
(___) draft petition for certiorari clearly stating the following:
(___) facts of the case, as well as the applicable law and jurisprudence in support thereof
(___) verified statement of the date when notice of the judgment, order or resolution subject thereof was received
(___) date of filing of a motion for reconsideration, if any, and date of receipt of the order denying the same
Supporting documents:
(___) legible duplicate original or certified true copy of the decision, judgment, or resolution or order subject of the petition for certiorari. (If certified true copy, the same must be accompanied by a certification accomplished by the clerk of court or proper officer of the tribunal, board, commission or office involved, as the case may be, or his duly authorized representative) NOTE: Photocopies of alleged certified true copies shall not be admitted
(___) Certification under oath that the requesting prosecutor has not commenced any other action or proceeding involving the same issues in the Supreme Court, Court of Appeals or any other tribunal or agency
(___) Copy of the transcript of stenographic notes (TSN); case record; trial brief outlining proceedings of case; and documentary evidence, if readily available
nPs Administrative sample Format “A”
Republic of the Philippines Department of Justice
nAtIonAL PRoseCutIon seRvICe
_____________________________ _____________________________ _____________________________ ____________________ _______________________ _______________________ _______________________ Sir / Madam:
This has reference to the criminal complaint for __________ which you filed against ___________________________ with the Office of the (law enforcement agency) , and which was in turn indorsed to this Office for preliminary investigation.
Please be informed that this office will not take any appropriate action on your criminal complaint unless you comply with the following requirements not later than five (5) working days from receipt hereof:
___ Pay an assessed fee in the amount of (P ) as prescribed under R.A. 9279, (“An Act Granting Additional Compensation in the Form of Special Allowances for the National Prosecution Service and the State Counsels in the Department of Justice”)
___ Submit documents in such number of copies as follows: _____________________________________________ _____________________________________________
_____________________________________________
_____________________________________________
Very truly yours,
________________________ Administrative Officer CC: ________________________
________________________ (referring law enforcement agency) File
nPs Administrative sample Format “B”
Republic of the Philippines Department of Justice
nAtIonAL PRoseCutIon seRvICe
_____________________________ _____________________________ _____________________________
1st Indorsement (Date)
Respectfully returned to (name of official) , (referring office) , (address) , the criminal complaint of (private complainant) , consisting of ___ pages, which complaint you referred to this Office for preliminary investigation on (date referred) , with the information that preliminary investigation did not commence due to the failure of private complainant to comply with the requirement/s contained in our letter dated _____________ (copy attached).
Very truly yours,
__________________________ Administrative Officer CC: ________________________
________________________ (complainant) File
nPs Administrative sample
Republic of the Philippines Department of Justice
nAtIonAL PRoseCutIon seRvICe
_____________________________ _____________________________ _____________________________ ____________________ _______________________ _______________________ _______________________ Sir / Madam:
This has reference to your appeal/petition for review in I.S. No. __________ entitled _________________ v. __________________, which was received by this Office on (date) .
Please be informed that this Office will not take any appropriate action on your appeal/petition for review unless you comply with the following requirements not later than five (5) working days from receipt hereof:
___ Pay an assessed fee in the amount of ________________ (P_________) as prescribed under R.A. 9279, (“An Act Granting Additional Compensation in the Form of Special Allowances for the National Prosecution Service and the State Counsels in the Department of Justice”)
___ Submit documents in such number of copies as follows: ________________________________________ ________________________________________ ________________________________________ ________________________________________ ________________________________________
Very truly yours,
__________________________ Administrative Officer CC: File
nPs Administrative sample Format “D”
Republic of the Philippines Department of Justice
nAtIonAL PRoseCutIon seRvICe ______________________ ______________________ ______________________ ____________________ __________________ __________________ __________________ Dear _______________,
This refers to your petition for review of the resolution of the Office of __________________ in I.S. No. _______________ finding probable cause against __________ for ___________ (dismissing the complaint against respondent ________ ).
In our letter dated _____________, we required you to pay the assessed fees and complete the supporting documents within five (5) working days from receipt thereof, otherwise, this Office will not take any appropriate action on your appeal/petition for review. As of date, we have not been favored with your compliance; hence, we are returning your petition with the supporting documents.
Very truly yours,
__________________________ Head of Office
nPs Administrative sample Format “e”
Republic of the Philippines Department of Justice
nAtIonAL PRoseCutIon seRvICe ______________________ ______________________ ______________________ __________________ __________________ __________________ __________________ Dear _______________,
This refers to your petition for review of the resolution of the Office of __________________ in I.S. No. _______________, which we received by mail on ____________ , together with a manager’s check/postal money order in the amount of PESOS ______________ (P________) in payment of docket/filing fees.
In this connection, we are transmitting to you the original copy of Official Receipt No. _________ in the amount of P___________.
Thank you.
Very truly yours,
_______________________________ Administrative Officer
CC: Adverse party and Counsel File
nPs Administrative sample Format “F”
Republic of the Philippines Department of Justice
nAtIonAL PRoseCutIon seRvICe
_____________________________ _____________________________ _____________________________
1st Indorsement ________Date______
Respectfully referred to ___________________ (name of chief of office), _________________________________________ _______ (name of office), _________________________________ _ (address), for appropriate action, the complete case record of I.S. No. ______________________, entitled ___________________ v. _________________ consisting of ___ pages, by reason of the following:
_____ Transfer of venue _____ Inhibition of the Office _____ Order of higher authority
_____ Others: ________________________.
________________________ Head of Office
nPs Administrative sample Format “G”
Republic of the Philippines Department of Justice
nAtIonAL PRoseCutIon seRvICe
_____________________________ _____________________________ _____________________________
1st Indorsement _____ (Date)_____
Respectfully forwarded to the Office of the Ombudsman, Agham Road, Diliman, Quezon City, for appropriate action, the complete case record of I.S. No. ______________________, entitled “_________ v. __________” consisting of ___ pages, together with the resolution of this Office dated ____________.
______________________ Head of Office
CC: ________________________ ________________________ (Complainant and Counsel) ________________________ ________________________ (Respondent and Counsel) File
nPs Administrative sample Format “h”
Republic of the Philippines Department of Justice
nAtIonAL PRoseCutIon seRvICe
_____________________________ _____________________________ _____________________________
1st Indorsement _____(Date)_____
Respectfully referred to the Office of the Ombudsman, Agham Road, Diliman, Quezon City/Clerk of Court, OCC, Regional Trial Court of _________________, for appropriate action, the complete case record of ____(Inquest Case No.)___, entitled “______________ v. _____________”, consisting of ___ pages, with the information that this Office did not act thereon as it is within the exclusive original jurisdiction of the Sandiganbayan.
________________________ Head of Office CC: ________________________ ________________________ (Complainant) ________________________ ________________________
nPs Investigation Form no. 01, s. 2008
Republic of the Philippines Department of Justice national Prosecution service __________________________ __________________________ InvestIGAtIon DAtA FoRM
To be accomplished by the Office
DATE RECEIVED :
(stamped and initialed): __________ Time Received: ________________ Receiving Staff:_________________
NPS DOCKET NO.:________________ Assigned to: _____________________ Date Assigned:___________________
To be accomplished by complainant/counsel/law enforcer (Use back portion if space is not sufficien
COMPLAINANT/S: Name, Sex, Age & Address
______________________ ______________________ ______________________ ______________________ ______________________ RESPONDENT/S: Name, Sex, Age & Address ______________________ ______________________ ______________________ ______________________ ______________________ LAW/s vIoLAteD: ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
WItness/es: name & Address ______________________ ______________________ ______________________ ______________________ ______________________
COMPLAINANT/S: Name, Sex, Age & Address
______________________ ______________________ ______________________ ______________________ ______________________ RESPONDENT/S: Name, Sex, Age & Address ______________________ ______________________ ______________________ ______________________ ______________________
DAte & tIMe of CoMMIssIon: ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ PLACe of CoMMIssIon: ______________________ ______________________ ______________________ ______________________ ______________________ ______________________
1. Has a similar complaint been filed before any other office? * YES ___ NO ___ 2. Is this complaint in the nature of a counter-affidavit?* YES ___ NO ___ If yes, indicate details below.
3. Is this complaint related to another case before this office?* YES ___ NO ___ If yes, indicate details below.
I.S. No.: _____________________________________ Handling Prosecutor: ___________________________
C e R t I F I C A t I o n*
I CERTIFY, under oath, that all the information on this sheet are true and correct to the best of my knowledge and belief, that I have not commenced any action or filed any claim involving the same issues in any court, tribunal, or quasi-judicial agency, and that if I should thereafter learn that a similar action has been filed and/or is pending, I shall report that fact to this Honorable Office within five (5) days from knowledge thereof.
SUBSCRIBED AND SWORN TO before me this day of , 20 , in ________________________ .
_____________________________ Prosecutor Administering Oath *1, 2, 3 and Certification need not be accomplished for inquest cases
nPs Administrative Form no. 01, s. 2008
Republic of the Philippines Department of Justice
nAtIonAL PRoseCutIon seRvICe
_____________________________ _____________________________ _____________________________
ReCeIPt oF oBJeCt evIDenCe
This is to acknowledge receipt of the following object evidence in connection with I.S. No. ______________, entitled ____________ v. ____________ , specifically described as follows:
Quantity Description ________________ _________________________________ ________________ _________________________________ ________________ _________________________________ ________________ _________________________________ ________________ _________________________________ ______________________________ (name and signature)
Designated Evidence Custodian ______________________
Date and Time
CC: ______________________ (prosecutor) ______________________ (head of office)
APPenDIX “A”
Republika ng Pilipinas KAGAWARAn nG KAtARunGAn Department of Justice Manila 16 November 2004 DEPARTMENT CIRCULAR NO.63
TO : ALL PRoseCutoRs In the nAtIonAL PRoseCutIon seRvICe
SUBJECT: Guidelines in the Assessment and collection of Legal Fees Pursuant to R.A. No. 9279 and its Implementing Rules and Regulations
Attached is a copy of the Guidelines in the Assessment and Collection of Legal Fees Pursuant to R.A. No. 9279 and its Implementing Rules and Regulations for your information, guidance and compliance.
(signed)
RAuL M. GonZALeZ
GuIDeLInes In the AssessMent AnD
CoLLeCtIon oF LeGAL Fees PuRsuAnt to
R.A. no. 9279 AnD Its IMPLeMentInG RuLes
AnD ReGuLAtIons
Pursuant to R.A. No. 9279 and its implementing Rules and Regulations, the National Prosecution Service (NPS) of the Department of Justice hereby adopts and promulgates the following Guidelines in the assessment and collection of legal fees.
ARtICLe I
oBJeCtIves, sCoPe AnD DeFInItIon oF teRMs seCtIon 1. oBJeCtIve - This guidelines is prescribed to
attain the following objectives:
a) To provide for a uniform set of guidelines in the assessment and collection of legal fees in all prosecution offices;
b) To promote a policy of full disclosure of all transactions involving public interest;
c) To promote transparency and accountability in all phases of providing prosecution and other legal services;
d) To provide an environment conducive to an expeditious and judicious prosecution of cases and other legal services.
seCtIon 2. sCoPe –This Guidelines shall apply to the
NPS of the Department of Justice, complainants, movants, petitioners/ appellants and private individuals, government-owned and controlled corporations (GOCCs), with or without original charter and government financial institutions (GFIs).
seCtIon 3. DeFInItIon oF teRMs a) AssessMent CLeRK
counsel or representative or any private individual on the basis of the Schedule of Legal Fees as prescribed under DOJ Circular No. 42, series of 2004 (Annex “A”) and of docketing the same;
b) CoLLeCtIon oFFICeR
2. – shall refer to a bonded and
accountable permanent employee of the Department of Justice charged with receiving payment/s for legal fee/s as assessed by the assessment clerk and issuing the corresponding official receipt.
c) Fees
3. – shall refer to the amount/s computed by the assessment clerk based on the Schedule of Legal Fees, which amount/s shall be collected by the collection officer and subsequently deposited in a Special Trust Fund established under R.A. No. 9279; it/they shall also refer to any increase in fees and new fees assessed and collected for various services rendered by the NPS after May 16, 2004, the effectivity of R.A. No. 9279;
d) InDIGent LItIGAnts
4. – shall refer to those whose gross
income (including those of their immediate family) do not exceed an amount double the monthly minimum wage of an employee.
ARtICLe II IMPLeMentAtIon
seCtIon 1. BAsIs – The legal fees assessed and collected
shall be based on the Schedule of Legal Fees adopted under DOJ Department Circular No. 42 dated September 14, 2004.
seCtIon 2. APPLICAtIon / PRoCeDuRe A. GeneRAL GuIDeLInes
WhAt ARe AssesseD AnD CoLLeCteD 1.
Legal fees shall be assessed and collected for criminal 1.1.
complaints, appeals/petition for reviews, motions/ manifestations/ pleadings/ clearances/ certifications and other services enumerated in the Schedule of Legal Fees; For complaints involving offenses which are not subject to the 1.2.
payment of legal fees, the complainant shall only be assessed the legal payment of legal fee/s for motions/ pleadings/ manifestations, etc. filed under Item C; for appeals/ petition for review under Item B; and for the performance of other services under Item E of the DOJ Circular No. 42;
Who ARe suBJeCt to AssessMent AnD 2.
CoLLeCtIon oF LeGAL Fees
Complainants, movants, petitioners/ appellants and individual/ 2.1.
corporations requesting for clearances/ certifications and the performance of other services;
Government owned controlled corporations, with or without 2.2.
original charters; and
Government financial institutions. 2.3.
Who ARe eXeMPt FRoM PAyMent oF LeGAL 3.
Fees
The Republic of the Philippines and its political subdivisions; 3.1.
and
Indigent litigants. To qualify as an indigent litigant, he/she 3.2.
shall be required to submit all of the following: an affidavit attesting to her/his indigent status; a)
a certification from the Barangay Captain of the Barangay b)
where he/she resides certifying as to the fact of his/her status as an indigent status; and
a certification from the local office of the DSWD stating c)
therein his/her status as an indigent.
FoRMs oF PAyMent 4.
Payment in cash or postal money order in the exact amount shall be paid to the collection officer designated by the Offices of the Chief State Prosecutor, the Regional State Prosecutor/ Provincial Prosecutor or the City Prosecutor, as the case may be.
non-CoMPLIAnCe 5.
Complaints filed for inquests, preliminary investigations 5.1.
and for appeals/ petition for review shall not be acted upon unless the legal fees have been paid;
No prosecutor shall initiate the conduct of the preliminary 5.2.
investigation of a case or accept the filing of any motion/ manifestations/pleadings relative to such case as prescribed under the Schedule of Legal Fees without proof that legal fees have been paid.
B. sPeCIFIC GuIDeLInes Inquest
1.
Upon receipt of the complaint, the Office of the Assistant 1.1.
Chief State Prosecutor (ACSP-in-Charge) or the Chief Inquest Officer of the City and Provincial Prosecution Offices shall direct the law enforcement officer/ complainant to proceed to the docket section for the assessment of the legal fee/s; The assessment clerk shall determine the appropriate 1.2.
or corresponding legal fee/s and accomplish the pre- numbered assessment form (Annex “B” in triplicate copies. The assessment clerk shall give the duplicate copy of the assessment form to the complainant and shall retain the original and triplicate copies thereof;
The complainant shall then pay the legal fees as assessed to 1.3.
the collection officer.
1.3.1. Upon payment of the legal fee/s, the collection officer shall issue the corresponding official receipt (OR) to the complainant, indicate in the duplicate copy of the assessment form, the O.R. Number, the date and the amount paid in the space provided and retain the said duplicate copy of the assessment form for his/her file;
The complainant shall present the original copy of the 1.4.
official receipt to the assessment clerk for the docketing of the case;
1.4.1. The assessment clerk shall record the O.R. Number, the date and the amount paid in the space provided in the original and triplicate copies of the assessment form. He/she shall keep the original copy and shall attach the triplicate copy to the case folder.
The complainant shall, after the case has been docketed, 1.5.
proceed to the inquest prosecutor who shall initiate the conduct of the inquest proceedings.
For inquest cases filed and conducted after office hours, 1.6.
during Saturdays, Sundays and holiday, the inquest prosecutor shall direct the complainant/s to return on the next working day to pay the required legal fee/s, in accordance with the