Practice question
The Secretary of Justice resolves an appeal in a criminal case cognizable by a second-level court. A party argues that every such resolution may automatically be appealed to the President. D.C. No. 015, Section 19 is invoked. Which statement is accurate?
- Every resolution is appealable to the President without limitation
- No rule on finality exists
- The party may create an appeal by changing the case caption
- The resolution is generally final, executory, and non-appealable, subject to the specified AO 22 and MC 58 exceptions
- Only the offended party may ignore finality
Legal references
- https://comanialaw.com/doj-department-circular-no-015-series-of-2024/ — Reproduced DOJ D.C. No. 015, series of 2024, §§12–20 (inquest and remedies); issuance upheld in Meking.
- https://lawphil.net/judjuris/juri2022/oct2022/gr_257446_2022.html — Porto v. Grant Institute of Trade & Technology, G.R. No. 257446, October 12, 2022, MAIN decision (D.C. No. 27, series of 2022, review routes and finality).
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/4/70233 — Meking v. Remulla, G.R. No. 280455, November 11, 2025, EN BANC MAIN decision (DOJ-NPS rules and executive charging standard).
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