Professional Documents
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Revised Manual For Prosecutors 2017
Revised Manual For Prosecutors 2017
FOR PROSECUTORS
2017 EDITION
VOLUME 1
TABLE OF CONTENTS
Volume I
FOREWORD xi
ACKNOWLEDGEMENT xii
DEPARTMENT ORDER xv
i
3.2.8 Release of Detained Person for Further
Investigation 10
ii
4.1.3 No Fixed Formula for
Determining Probable Cause 23
4.1.4 Sound Discretion of the Prosecutor 24
4.5. Coverage 27
4.7. Procedure 28
4.7.1 Commencement of the Preliminary Investigation 28
4.7.2 Contents of the Complaint 29
4.7.3 Number of Copies of Affidavits; Other Requirements 29
4.7.4 Initial Action by the Investigating Prosecutor
on the Complaint Filed 30
4.7.5 Service of Subpoena to the Parties 32
4.7.5.1 To Prevent Loss of Documents 33
4.7.5.2 Service to a Respondent Residing in a
Distant Place 34
4.7.5.3 Where Respondent Cannot Be Subpoenaed
or if Subpoenaed Does Not Submit
Counter-Affidavit 34
4.7.5.4 Objects as Evidence 34
4.7.6 Submission of the Counter-Affidavit/s
by the Respondent/s 35
iii
4.7.6.1 Extension of Time Within Which to
Submit Respondent’s Counter-Affidavit 35
4.7.6.2 Filing of a Motion To Dismiss in Lieu
of a Counter-Affidavit 35
4.7.7 Suspension of Proceedings Due to the Existence of a
Prejudicial Question 37
4.7.7.1 Concept 37
4.7.7.2 Elements of a Prejudicial Question 38
4.7.7.3 Issuance of an Order Suspending the
Proceeding Due to the Existence of a
Prejudicial Question; Written Approval
of the Head of Office Required 38
4.7.8 When to Set Case for Clarificatory Questioning 38
4.7.8.1 No Right to Examine or Cross-Examine 39
4.7.8.2 Record/Notes During the Clarificatory
Hearing 39
4.7.8.3 Right to Counsel 39
4.7.9 When to Allow the Filing of Reply-Affidavits,
Rejoinders and Memoranda 39
4.7.10 When Complaints May be Consolidated 40
4.7.11 Submission of the Case For Resolution 40
4.7.12 Preparation of the Resolution 41
4.7.13 Form of the Resolution and
Number of Copies 42
4.7.14 Period to Conduct the Preliminary Investigation 45
4.7.15 Transmittal of the Recommendatory
Resolution and Information Together with the
Complete Record of the Case 46
4.7.16 Preparation of the Information 46
4.7.17 Form of the Information 46
4.7.18 Sufficiency of the Information 47
4.7.19 Documents to be Attached to the Information 50
4.7.20 Confidentiality of Resolutions 50
4.7.21 Action of the Prosecutor General or
Provincial/City Prosecutor on the
Recommendatory Resolution 51
4.7.22 Re-Opening of the Preliminary Investigation 51
iv
4.7.23Promulgation of the Resolution; Modes of Service 52
4.7.24Rules in Filing of Information in Court 52
4.7.25On a Motion for Reconsideration 53
4.7.26Action on a Reinvestigation 53
4.7.26.1 Instances When a Reinvestigation
May Be Conducted 54
4.8. Relevant Jurisprudence 55
Chapter V ARREST 59
5.1. Remedy of the Prosecutor When No
Warrant of Arrest Was Issued by the Judge 59
5.2. Request for a Copy of the Return 59
5.3. Relevant Jurisprudence 59
Chapter VI BAIL 61
6.1. Concept 61
6.1.1 Purpose of Bail 61
6.1.2 Nature of the Right to Bail 61
6.1.3 Basis of Bail 61
6.1.4 Bail, a Matter of Right 61
6.1.5 Bail, When Discretionary 61
6.1.6 When Bail is not Required 62
6.2. Duties of a Prosecutor 65
6.3. Right to Notice 65
6.4. Right to Bail in Inquest Cases 65
6.5. Posting of Bail by the Arrested/Detained Person 66
6.6. Criteria in Recommending the Amount of Bail 66
6.7. Rules in Computing the Bail To Be Recommended 67
6.8. Hearing on Petition for Bail is Required in
Non-Bailable Offenses 69
6.8.1 Exception 69
6.9. Right of the Prosecution to Present All
Evidence During the Bail Hearing 69
6.10. Effect of a Denial of the Opportunity to Present
Evidence for Purposes of the Petition for Bail 69
v
6.11. Petition for Bail in Continuous Trial 69
6.12. Cancellation of the Bail Bond 70
6.13. Other Matters 71
6.13.1 Release on Recognizance; Guidelines 70
6.13.2 Requirements for the Grant of Recognizance
Under Republic Act No. 6036 71
6.14. Relevant Jurisprudence 71
vi
i
11.4. How to File 105
11.5. Form and Contents 105
11.6. Requirements 106
11.7. Effect of Failure to Comply with the
Procedures and Requirements 107
11.8. When an Information Has Been Filed in Court 107
11.9. Appellee’s Comment 108
11.10. Effect of Filing an Appeal 108
11.11. Disposition on the Appeal 108
11.12. Outright Dismissal 109
11.13. Withdrawal of the Petition for Review/Appeal 109
11.14. Motion for Reconsideration 109
11.15. Reinvestigation 109
11.15.1 Motion for Reinvestigation Pending Appeal 110
11.15.1.1.When an Information Has Been
Filed in Court 110
11.15.1.2 When an Information Has Not Yet
Been Filed in Court 110
11.16. Relevant Jurisprudence 110
APPENDICES
viii
Appendix B DOJ Circular No. 39 s. 2007 entitled, “Rules
on Inquest With Respect to Children in
Conflict with the Law as defined Under
Republic Act No. 9344, otherwise known as
the “Juvenile Justice and Welfare Act of
8
2006”
i
x
Appendix H Rules and Regulations on the Reporting and
Investigation of Child Abuse Cases issued
pursuant to Section 32 of R. A. No. 7610,
64
otherwise known as “The Child Abuse Act”
x
FOREWORD
The National Prosecution Service (NPS) sits at the forefront of our country's criminal
justice system. Aside from its duty to investigate and prosecute cases involving
violation of penal laws, it is also mandated to ensure that the delivery of criminal
justice is effective, efficient and equitable. Thus, given these formidable tasks, our
prosecutors deserve to be provided with prudent guidance, support and necessary
work tools in order for them to fulfill their mandates. Moreover, it is equally
important that our prosecution offices observe uniform procedures as the
administration of justice impacts on the rights of people to equal protection of our
laws. And this Manual for Prosecutors is intended to benefit both — our prosecutors,
and the Filipino people.
After the 2008 Prosecutors' Manual was printed, a lot has changed in the arena of
criminal law and procedure - various special penal laws were enacted, new and
special procedures were issued, and various important jurisprudences had emerged.
It is fervently hoped that all these developments had been addressed in this 2017
Edition of the Manual, which now consists of three (3) separate volumes that are
meant to be a handy reference tool for our prosecutors. Volume I of this Manual
contains the basic principles of criminal procedure from inquest and preliminary
investigations, to petitions for review or appeals including petitions for certiorari, up
to the trial proper. Secondly, the entire Volume II contains the Elements of Crimes
under the Revised Penal Code and some special penal laws, including the important
discussions on some highly technical and emerging areas of criminal law. Finally,
relevant issuances of the Department in the recent past, and sample resolutions,
informations, forms and templates, among others, are included in Volume III.
I commend the Technical Working Group for accomplishing the daunting task of
updating and revising the Prosecutors' Manual. Their zealous dedication and diligent
efforts in the preparation of this significant work tool for our prosecutors are truly
laudable.
May this Manual serve as a constant reminder to all the officials and personnel of
the National Prosecution Service, and perhaps to all justice workers in the country
for that matter, of our mission to harmoniously work together towards a just and
peaceful society. And should this Manual fails at times to address some issues and
situations by reason of its peculiarity, we must remain steadfast on our faithful
compliance to the fundamentals of justice and the rule of law.
xi
ACKNOWLEDGMENT
xii
Second, to the following, whose active participation and perceptive
observations, suggestions, comments and valuable insights based on
their extensive experiences contributed significantly to the spirited and
fruitful discussions during the consultations and validation sessions
that brought to fore various issues:
xii
i
Third, to the various Provincial and City Prosecution Offices which
sent in their comments and suggestions for this Manual revision;
Director Ryan Thomas who contributed his ideas in the methodology;
Ms. Marilou Santos of the DOJ Library; Mr. Russel Trasmonte of the
DOJ-Management Information Services, for the cover design of this
Manual; and the law students-trainees who helped in the collation of
these inputs and did research work, namely: Mr. Francis Puno, Ms.
Jennifer Guinanao, Mr. Adrian M. Dela Cruz, Ms. Maria Victoria M.
Castillo, Ms. Kristina Lara and Ms. Angela Sharmaine Rosales.
xiv
xv
xvi
CHAPTER I
PROSECUTION OF OFFENSES
1.1.2. “The fact that the DOJ is the primary prosecution arm of
the Government does not make it a quasi-judicial office or
agency. Its preliminary investigation of cases is not a quasi-
judicial proceeding. Nor does the DOJ exercise a quasi-judicial
function when it reviews the findings of a public prosecutor on
the finding of probable cause in any case.” 2
SUMMARY INVESTIGATION
Resolution of the Supreme Court En Banc dated October 15, 1991, “Providing for the Revised
Rule on Summary Procedure for Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts” (See Appendix A)
INQUEST PROCEEDINGS
If he is confined in a hospital; or
Thereafter, the record of the case, together with the resolution and
the Complaint/Information, shall be forwarded to the Prosecutor
General or the Provincial/City Prosecutor for approval and
subsequent filing before the proper Court.
For violations of R.A. No. 9165, the entire records of the case shall
Department Circular No. 39 s. 2007 on the “Rules on Inquest with Respect to Children in Conflict
with the Law as defined Under Republic Act No. 9344, Otherwise Known as the “Juvenile Justice
and Welfare Act of 2006” (See Appendix B).
DOJ Circular No. 38, s. 2010 on “Automatic Review of Anti-Smuggling Cases” (See Appendix C)
14 Revised Manual for Prosecutors Volume 1 - 2017 Edition
be elevated to the Secretary of Justice within three (3) days from
issuance of the resolution dismissing the complaint or appeal, as
applicable, and the parties involved shall be notified
accordingly. Notwithstanding the automatic review, respondent
shall be immediately released from detention unless detained
for other causes.13
DOJ Circular No. 004, s. 2017 on Automatic Review of Dismissed Cases Involving Republic Act
No. 9165 (See Appendix D)
On the other hand, Section 5(b), Rule 113 requires for its
application that at the time of the arrest, an offense had in
fact just been committed and the arresting officer had
personal knowledge of facts indicating that the accused
had committed it.
xxx
PRELIMINARY INVESTIGATION
The term does not mean “actual and positive cause” nor does it
import absolute certainty. It is merely based on opinion and
reasonable belief. Thus, a finding of probable cause does not
require an inquiry into whether there is sufficient evidence to
procure a conviction. It is enough that it is believed that an act
or omission complained of constitutes the offense charged.
Precisely, there is a trial for the reception of evidence of the
prosecution in support of the charge. 23
Ibid.
27Sarigumba v. Sandiganbayan, G.R. Nos. 154239-41, February 16, 2005.
Clay & Feather International Inc. et. al. v. Lichaytoo, G.R. No. 193105, May 30, 2011.
Microsoft Corporation v. Maxicorp, Inc., G.R. No. 140946, September 13, 2004.
Insurance Life Assurance Company Limited v. Serrano, G.R. No. 163255, June 22, 2007.
Callo-Claridad v. Esteban, G.R. No. 191567, March 20, 2013 citing Hashim v. Boncan, G.R. No.
L-47777, January 13, 1941.
32Tandoc v. Resultan, G.R. No. 59241-44, July 5, 1989.
The offense/s charged and the place and exact date and
time of its/their commission; and
Section 3(d), Rule 112, Revised Rules of Criminal Procedure; DOJ Memorandum Circular No. 25
dated October 2, 1989.
Section 3(b), paragraph 2., Rule 112, Revised Rules of Criminal Procedure.
54Section 3, paragraph (d), Rule 112, Revised Rules of Criminal Procedure.
General Rule–
Exceptions–
Ibid.
Sequential Codes:
Roman numeral – NPS region and OPG number
Two (2)–digit number – city/provincial office
Small letter – provincial substation
PI – for regular preliminary investigation or
summary investigation case
INQ – for inquest case
Two (2)–digit number – last two (2) digits of the
year
Capital letter – month (“A” to “L” for January to
December, respectively)
Five (5) digit number – series number for an entire
calendar year
I–05a–INQ–17A–00010
• I – Region I
• 05 – OPP La Union
• A – Agoo Sub–Station
• INQ – inquest case
• 17 – year 2017
• A – month of January
00010 – 10th inquest case for year 2017
Parts of a Resolution:
Complex issues
With counter-charges
Reassignment
In writing;
Name of the Offended Party. – The age and date of birth of the
complainant or the accused, if eighteen (18) years of age or
below.
86Charter Chemical and Coating Corporation v. Tan, G.R. No. 163891, May 21, 2009.
Dee v. Court of Appeals, G.R. No. 111153, November 21, 1994 citing Crespo v. Mogul, supra.
Honasan II v. The Panel of Investigating Prosecutors of the DOJ, G.R. No. 159747, April 13,
2004.
Tatad v. Sandiganbayan, G.R. Nos. L-72335-39 , March 21, 1999.
Gonzales v. Sandiganbayan, G.R. No. 94750, July 16, 1991; Defensor-Santiago v. Garchitorena,
G.R. No. 109266, December 2, 1993.
ARREST
BAIL
Exceptions:
Section 2 of Republic Act No. 6036, otherwise known as “An Act Providing That Bail Shall Not, With
Certain Exceptions, Be Required In Cases of Violations of Municipal or City Ordinances and In Criminal
Offenses When The Prescribed Penalty For Such Offenses Is Not Higher Than Arresto Mayor and/or a
Fine of Two Thousand Pesos or Both.”) provides, “Instead of bail, the person charged with any offense
contemplated by Section 1 hereof shall be required to sign in the presence of two witnesses of good
standing in the community a sworn statement binding himself, pending final decision of his case, to
report to the Clerk of the Court hearing his case periodically every two weeks. The Court may, in its
discretion and with the consent of the person charged, require further that he be placed under the
custody and subject to the authority of a responsible citizen in the community who may be willing to
accept the responsibility. In such a case the affidavit herein mentioned shall include a statement of the
person charged that he binds himself to accept the authority of the citizen so appointed by the Court.
The Clerk of Court shall immediately report the presence of the accused person to the Court. Except
when his failure to report is for justifiable reasons including circumstances beyond his control to be
determined by the Court, any violation of this sworn statement shall justify the Court to order his
immediate arrest unless he files bail in the amount forthwith fixed by the Court.” (See Appendix E)
Ibid.
Section 16, Rule 114, Revised Rules of Criminal Procedure.
Ibid.
ARRAIGNMENT
Trinidad and Trinidad v. Ang, G.R. No. 192898, January 31, 2011 citing Samson v. Daway, G.R.
Nos. 160054-55, July 21, 2004.
Solar Team Entertainment, Inc. v. How, G.R. No. 140863, August 22, 2000.
PLEA BARGAINING
By a demurrer; or
Ibid.
PRE-TRIAL CONFERENCE
The Court shall, after arraignment and within thirty (30) days from the
date the Court acquires jurisdiction over the person of the accused,
order a pre-trial conference, unless a shorter period is provided for in
special laws or circulars of the Supreme Court.145
The trial prosecutor shall make sure that he appears at the pre-trial
conference to avoid being sanctioned by the Court.146
The pre-trial order binds the parties, limits the trial to matters not
disposed of, and controls the course of the action taken during the
trial, unless modified by the Court to prevent manifest injustice. 147
Place importance
on the testimony of
the expert witness
who will help him/
her determine
the procedures
undertaken in the
examination of a
subject or thing; the
scientific or technical
terms applied; and
the reason/s in
arriving at a certain
conclusion.
TRIAL
The object of a trial is to mete out justice, to convict the guilty and
protect the innocent. Thus, the trial should be a search for the truth
and not a contest over technicalities and must be conducted under
such rules as will protect the innocent.153
Review the records of the case and ensure that all the
documentary evidence is attached.
The Case
A brief statement of the facts of the case.
The fact of the crime, i.e., the presence of all the elements
of the crime for which the accused stands indicted;
and
The fact that the accused is the perpetrator of the crime. 154
Jeffrey Reso Dayap v. Pretzy-Lou Sendiong et al., G.R. No. 177960, January 29, 2009.
People v. PO2 Valdez et. al., G.R. No. 175602, January 18, 2012.
Section 10.4. Trial Proper. – Upon receipt of the notice of trial, the
prosecutor shall review the record of the case for trial and complete his/
her preparation therefor bearing in mind that trial, once commenced, may
continue from day to day until terminated. He/She may, however, move
for postponement for a reasonable period of time for good cause. 163
161People v. Faltado, G.R. Nos. L-1604, L-1712 and L-1713, June 27, 1949.
Violation of the Republic Act No. 9165 166 – Trial of these cases
shall be finished by the Court not later than ninety (90)
days from the date of the filing of the Information.
164Republic Act No. 4908, otherwise known as “An Act Requiring Judges of Courts to Speedily Try
Criminal Cases Wherein the Offended Party is a Person about to Depart from the Philippines
with No Definite Date of Return” (See Appendix G).
Section 21, Rules and Regulations on the Reporting and Investigation of Child Abuse Cases”
issued pursuant to Section 32 of R. A. No. 7610, otherwise known as “the Child Abuse Act” (See
Appendix H)
“Comprehensive Dangerous Drugs Act of 2002”.
Motions –
Republic Act No. 9165, otherwise known as the “New Anti-Carnapping Act of 2016”.
Example
Leading Question Non–Leading Question
Exceptions:
1. Control the
witness on Cross-Examination:
Remember “The Ten Commandments”.
Be brief.
Short questions, plain words.
Always ask leading questions.
Do not ask a question, the answer to which you do not
know in advance.
Listen to the witness
Do not quarrel with the witness.
Do not allow the witness to repeat his/her direct
testimony.
Do not permit the witness to explain his/her answers.
The prosecutor shall request the Court to copy furnished the PNP
Chief Directorate, PDEA Director General and other law enforcement
agencies.
People v. De Leon, et. al., G.R. No. L-13384, June 30, 1960.
People v. Court of Appeals, supra.
People v. Mandagan, G.R. No. 28629, September 12, 1928.
People v. Sandiganbayan, G.R. Nos. 115439-41, July 16, 1997.
People v. Faltado, G.R. Nos. L-1604, L-1712 and L-1713, June 27, 1949.
“2000 NPS Rules on Appeal”, D.C. No. 70-A, dated July 10, 2000 (See Appendix I).
182Department Circular No. 003 dated January 04, 2017 on the “Guidelines on the disposition of
the Petitions for Review/Automatic Review/Appealed cases filed from July 1, 2016 onwards and
delegation of authority to sign or approve decisions and resolutions thereof”. (See Appendix J).
Section 3, Rule 13 of the Revised Rules of Court provides that, “Pleadings may be filed in court
either personally or by registered mail”. In the first case, the date of filing is the date of
The petitioner shall file only the original of the Petition for Review with its
required attachments, and the respondent shall file only the original of
his/her comment thereon. No copy of any document, pleading, or motion
other than the original shall be received. The Petition for Review and other
documents filed in relation thereto shall be deemed to have been filed on
the time and date of filing the paper–based documents. 184
All Petitions for Review filed shall have, in addition to its attachments,
a compact disc (CD) containing a PDF file of the Petition for Review
and all its attachments. No petition shall be docketed and deemed filed
without the accompanying CD.185
The NPS Docket Number and criminal case number, if any, and
title of the case, including the offense charged in the
Complaint;
receipt. In the second case, the date of mailing is the date of receipt. xxx It is an established
jurisprudence that “the date of delivery of pleadings to a private letter-forwarding agency is not
to be considered as the date of filing thereof in court;” instead, “the date of actual receipt by
the court x x x is deemed the date of filing of that pleading.” Heirs of Numeriano Miranda, Sr. v.
Pablo R. Miranda, G.R. No. 179638, July 8, 2013.
Section 3 of Department Circular No. 018 dated March 8, 2017 on “Rule on Electronic Filing of
Petition for Review”, (See Appendix K).
Section 2, Ibid.
Evidence submitted for the first time on appeal shall not be admitted.
If submitted, the reviewing prosecutor shall disregard it.
Pending resolution of the appeal, the appellant and the trial prosecutor
shall see to it that the proceedings in court are held in abeyance for sixty
(60) days.
When the accused is arraigned during the pendency of the appeal, the
prosecutor concerned shall likewise immediately inform the Secretary
of Justice or Regional Prosecutor of such an arraignment.
189 Sections 3 and 4, “Rule on Electronic Filing of Petition for Review”, supra.
Marcelo v. Court of Appeals, G.R. No. 106695, August 4, 1994; Community Rural Bank of
Guimba v. Talavera, A.M. No. RTJ-05-1909, April 6, 2005.
Noblejas v. Sales, G.R. Nos. L-31788 and L-31792, September 15, 1975.
Vda. De Jacob v. Puno, G.R. Nos. L-61554-55, July 31, 1984.
Solar Entertainment, Inc. v. How, supra.
Marcelo v. Court of Appeals, supra, reiterated in the case of Community Rural Bank of Guimba v.
Talavera, A.M. No. RTJ-05-1909, April 6, 2005.
Draft a petition clearly stating the facts of the case, and the law
and jurisprudence applicable in support thereof.
Approves the request to file a Petition for Certiorari if he/ she finds
merit in the request and endorse the draft petition, together
with the attachments within ten (10) days from receipt of the
said draft, to the Office of the Solicitor General.
I.
Applicability
Civil Cases:
All other civil cases, except probate proceedings, where the total
amount of the plaintiff’s claim does not exceed ten thousand pesos
(Php10,000.00), exclusive of interest and costs.
Criminal Cases:
This Rule shall not apply to a civil case where the plaintiffs cause of
action is pleaded in the same complaint with another cause of action
subject to the ordinary procedure; nor to a criminal case where the
offense charged is necessarily related to another criminal case subject
to the ordinary procedure.
II.
Civil Cases
Sec. 3. Pleadings. —
Sec. 4. Duty of court. — After the court determines that the case
falls under summary procedure, it may, from an examination of the
allegations therein and such evidence as may be attached thereto,
dismiss the case outright on any of the grounds apparent therefrom for
the dismissal of a civil action. If no ground for dismissal is found it
shall forthwith issue summons which shall state that the summary
procedure under this Rule shall apply.
Sec. 5. Answer. — Within ten (10) days from service of summons, the
defendant shall file his answer to the complaint and serve a copy thereof
on the plaintiff. Affirmative and negative defenses not pleaded therein
shall be deemed waived, except for lack of jurisdiction over the subject
matter. Cross-claims and compulsory counterclaims not asserted in the
answer shall be considered barred. The answer to counterclaims or
2 Appendix A
118 Revised Manual for Prosecutors Volume 1 - 2017 Edition
cross-claims shall be filed and served within ten (10) days from service
of the answer in which they are pleaded.
Appendix A 3
Revised Manual for Prosecutors Volume 1 - 2017 Edition 119
without the need of further proceedings, in which event the
judgment shall be rendered within thirty (30) days from
issuance of the order;
The court shall not resort to the clarificatory procedure to gain time for
the rendition of the judgment.
III.
Criminal Cases
Sec. 16. Arrest of accused. — The court shall not order the arrest of
the accused except for failure to appear whenever required. Release of
the person arrested shall either be on bail or on recognizance by a
responsible citizen acceptable to the court.
Sec. 17. Judgment. — Where a trial has been conducted, the court
shall promulgate the judgment not later than thirty (30) days after the
termination of trial.
IV.
Common Provisions
Sec. 18. Referral to Lupon. — Cases requiring referral to the Lupon for
conciliation under the provisions of Presidential Decree No. 1508 where
there is no showing of compliance with such requirement, shall be
dismissed without prejudice and may be revived only after such
requirement shall have been complied with. This provision shall not apply
to criminal cases where the accused was arrested without a warrant.
Appendix A 7
Revised Manual for Prosecutors Volume 1 - 2017 Edition 123
8 Revised Manual for Prosecutors Volume 1 - 2017AppendEditixonB
124
Appen ix B 9
Revised Manual for Prosecutors Volume 1 - 2017 Edition 125
10 Revised Manual for Prosecutors Volume 1 - 2017AppendEditixonB
126
Appen ix B 11
Revised Manual for Prosecutors Volume 1 - 2017 Edition 127
Appendix C
128 Revised Manual for Prosecutors Volume 1 - 2017 Edit on
Appen ix D 13
Revised Manual for Prosecutors Volume 1 - 2017 Edition 129
REPUBLIC ACT No. 6036
Section 3. This Act shall apply to all person who, at the time of its
approval, are under temporary detention for inability to post bail for
charges contemplated by Section 1 above.
“Child” shall refer to a person below eighteen (18) years of age or one
over said age and who, upon evaluation of a qualified physician,
psychologist or psychiatrist, is found to be incapable of taking
care of himself fully because of a physical or mental disability or
condition or of protecting himself from abuse;
“Child abuse” refers to the infliction of physical or psychological
injury, cruelty to, or neglect, sexual abuse or exploitation of a
child;
“Cruelty” refers to any act by word or deed which debases, degrades
or demeans the intrinsic worth and dignity of a child as a human
being. Discipline administered by a parent or legal guardian to a
child does not constitute cruelty provided it is reasonable in
manner and moderate in degree and does not constitute physical
or psychological injury as defined herein;
“Physical injury” includes but is not limited to lacerations, fractured
bones, burns, internal injuries, severe injury or serious bodily
harm suffered by a child;
“Psychological injury” means harm to a child’s psychological or
intellectual functioning which may be exhibited by severe
anxiety, depression, withdrawal or outward aggressive behavior,
or a combination of said behaviors, which may be demonstrated
by a change in behavior, emotional response or cognition;
“Neglect” means failure to provide, for reasons other than poverty,
180
64 Revised Manual for Prosecutors Volume 1 - 2017AppendixEditionH
adequate food, clothing, shelter, basic education or medical care
so as to seriously endanger the physical, mental, social and
emotional growth and development of the child;
“Sexual abuse” includes the employment, use, persuasion,
inducement, enticement or coercion of a child to engage in, or
assist another person to engage in, sexual intercourse or lascivious
conduct or the molestation, prostitution, or incest with children;
“Lascivious conduct” means the intentional touching, either directly
or through clothing, of the genitalia, anus, groin, breast, inner
thigh, or buttocks, or the introduction of any object into the
genitalia, anus or mouth, of any person, whether of the same or
opposite sex, with an intent to abuse, humiliate, harass, degrade,
or arouse or gratify the sexual desire of any person, bestiality,
masturbation, lascivious exhibition of the genitals or pubic area of
a person;
“Exploitation” means the hiring, employment, persuasion,
inducement, or coercion of a child to perform in obscene
exhibitions and indecent shows, whether live or in video or film,
or to pose or act as a model in obscene publications or
pornographic materials, or to sell or distribute said materials; and
“Department” shall refer to a duly authorized officer or social worker
of the Department of Social Welfare and Development or similar
agency of a local government unit.
offended party;
parent or legal guardian;
ascendant or collateral relative of the child within the third degree
of consanguinity
duly authorized officer or social worker of the Department;
officer, social worker or representative of a licensed child caring
institution;
Barangay Chairman; or
at least three (3) concerned responsible citizens of the community
where the abuse took place who have personal knowledge of
the offense committed.
The Department shall seek the assistance of the local government unit
concerned or the police or other law enforcement agency in the closure
of an offending establishment or enterprise.
explain to the child the legal proceedings in which the child will be
involved;
advise the judge, when appropriate, and as a friend of the court,
regarding the child’s ability to understand the proceedings and
questions propounded therein;
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advise the prosecutor concerning the ability of the child to cooperate
as a witness for the prosecution;
attend all investigations, hearings and trial proceedings in which the
child is a participant; and
monitor and coordinate concurrent administrative and court actions.
SECTION 24. Effectivity. — These Rules shall take effect upon the
approval of the Secretary of Justice and fifteen (15) days after its
publication in two (2) national newspapers of general circulation.
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true copies of the complaint, affidavits/sworn statements and other
evidence submitted by the parties during the preliminary investigation/
reinvestigation. If an information has been filed in court pursuant to the
appealed resolution, a copy of the motion to defer proceedings filed in court
must also accompany the petition. The investigating/reviewing/ approving
prosecutor shall not be impleaded as party respondent in the petition. The
party taking the appeal shall be referred to in the petition as either
“Complainant-Appellant” or “Respondent- Appellant”.
(signed)
ARTEMIO G. TUQUERO
Secretary of Justice
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