Memorandum Circular No. 1266




MALACAÑAN PALACE MANILA BY THE PRESIDENT OF THE PHILIPPINES [ Memorandum Circular No. 1266, November 4, 1983 ] PRESCRIBING GUIDELINES FOR THE MINISTRY OF JUSTICE IN THE REVIEW OF RESOLUTIONS IN PRELIMINARY INVESTIGATIONS OF CRIMINAL CASES In the interest of the speedy administration of justice and in order to avoid undue and unnecessary involvement of the Presidency in adversary suits before the courts, the following guidelines are hereby prescribed in appeals/reviews of resolutions in preliminary investigations of criminal cases: When complainants and/or respondents petition for an appeal/review by the President of investigations conducted by Provincial/City Fiscals and resolved on appeal by the Ministry of Justice, the petition shall not be given due course and shall be forthwith denied, except that in offenses punishable by reclusion perpetua to death wherein new and material issues are raised which were not previously presented before the Ministry of Justice and were not ruled upon in the subject resolution by the Minister of Justice, the President may order the Minister of Justice to reopen/review the case provide that the prescription of the offense is not due to lapse within six (6) months from notice of the questioned resolution, and provided further that the petition for appeal/review is filed within thirty (30) days from such notice. Please be guided accordingly. DONE in the City of Manila, this 4th day of November in the year of Our Lord, nineteen hundred and eighty-three.1aшphi1 (Sgd.) FERDINAND E. MARCOS The Lawphil Project - Arellano Law Foundation