AUTOMATIC REVIEW OF THE DECISIONS AND RESOLUTIONS OF THE SECRETARY OF JUSTICE INVOLVING DISMISSAL OF CASES UNDER REPUBLIC ACT NO. 9165 (COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)
1987, prescribes rules and regulations governing appeals to the Office
of the President;
WHEREAS, Memorandum Circular (M.C.) No. 58, dated June 30, 1993,
governs the review by the Office of the President of the resolutions of
the Secretary of Justice concerning preliminary investigations of
criminal cases;
WHEREAS, the dangerous drugs menace poses imminent danger to the public interest and safety;
NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
SECTION 1. All decisions and resolutions of the Secretary of
Justice involving dismissal of cases under Republic Act No. 9165
(Comprehensive Dangerous Drugs Act of 2002) shall be subject to the
automatic review of the Office of the President (OP).Pending review by the OP, execution of the decision or resolution shall be stayed.
SECTION 2. The entire records of the case shall be elevated by the
Secretary of Justice to the OP within five (5) days from the issuance
of his decision or resolution.SECTION 3. Th e automatic review enunciated hereon shall not
preclude the concerned parties from appealing their cases to the OP
pursuant to A.O. No. 18 and M.C. No. 58.SECTION 4. A.O. No. 18 and M.C. No. 58 are hereby amended accordingly.
SECTION 5. This Order shall take effect fifteen (15) days from
its publication in a national newspaper of general circulation.
Adopted: 29 Jan. 2009
(SGD.) GLORIA M. ARROYO
President of the Philippines
BY THE PRESIDENT:
(SGD.) EDUARDO R. ERMITA
Executive Secretary