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Department/Agency Filing Period Action To whom action is filed Rule

Office of the Prosecutor w/in 15 days from Motion for Reconsideration Office of Prosecutor
receipt of resolution
Office of the Prosecutor Petition for Review DOJ Secretary

If Motion for Reconsideration denied If still in OP, holds proceedings in DOJ can only review resolutions of
abeyance offenses requiring PI or those w/c
have gone through reinvestigation
If already filed in court, OP moves to
suspend arraignment for 60 days, non- No PI = DOJ cannot review

If already arraigned, no petition for

DOJ Secretary Motion for Reconsideration DOJ Secretary
DOJ Secretary Appeal CA or Rule 43
If punishable by reclusion perpetua
If Motion for Reconsideration denied or higher or if there are new and
material issues being raised, Office
of the President
DOJ Secretary Petition for Certiorari if there is CA Rule 65
If final already and DOJ dismisses the
case, but information has already been
filed in court, DOJ will direct OP to file
for motion to dismiss with court, but this
is at the discretion of the judge.
OMB Criminal case SC Rule 65 GADALEJ

You have to obtain consent

from Solicitor General
OMB Appeal for admin case where OMB CA Rule 43 Quasi-Judicial
held accused liable
CA Review of CA decision SC Rule 45 appeal on certiorari
OMB Admin case where held for dismissal GR: you cannot appeal Rule 45

Admin case where held for reprimand, FINAL AND EXECUTORY Rule 45 – not appeal; it is
public censure, suspension of not special civil action
more than 1month and fine of not more Go to CA
than 1 month
CA Review of CA decision on pure SC Rule 43
question of law