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TOPIC: How to file a Petition for Review

How to file a Petition for Review 7 years 1 week ago #2111

  • BJ
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Hello po. Good afternoon.

I am the respondent in a criminal case stemming from a rally conducted in our school of which I was a student more than a year ago. I, along with two other students, and 12 faculty members were charged with grave coercion, sedition, direct assault, and violation of BP 880 by the college president after she alleged that we forced her to resign due to the rally.

In the preliminary investigation that soon followed, the investigating prosecutor dropped the sedition and direct assault charges, but found probable cause to indict all of us for grave coercion and violation of BP 880. Several of us appealed by filing a Motion for Reconsideration. It was later denied.

Now, I'm planning to file a petition for review before the Department of Justice to appeal the prosecutor's resolution against me. However, I don't know how to do such. I don't have any legal training and am simply relying on the assistance of lawyers in preparing my counter affidavit and motion for reconsideration. Now however, I don't have any lawyer to turn to, until I found your website.

I need some assistance in the preparation of my Petition for Review. What are the necessary things to be placed in its contents? I can't find a sample of it anywhere to serve as my basis in drafting my Petition for Review.
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How to file a Petition for Review 7 years 1 week ago #2116

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Go to the PAO po.

The petition for review should point out the errors in the resolution-- you should tell the appellate body citing laws and jurisprudence where in the resolution the prosecutor made an error. Unless you are really good, you can do it yourself but I suggest you consult a lawyer because most of the time laymans miss out on a lot of important points.
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How to file a Petition for Review 7 years 1 week ago #2126

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Ok sir. Gagawin ko po iyon. May ilan lang po akong katanungan tungkol sa petition for review.

1. Kailangan pa rin po bang ma copy furnished ang mga complainant ng aking ifafile na petition for review gaya nung ginawa ko para sa motion for reconsideration?

2. Ilang kopya po ng petition for review ang dapat kong ifile sa DOJ?

3. Kung gawa na po ang aking petition for review, papano ko po siya ifafile? Ipapareceive ko lang po ba sa secretary ng opisina ni DOJ Secretary Leila De Lima? O baka naman kailangan kong ipadala thru Post Office through Registered Mail with Return Card?
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How to file a Petition for Review 7 years 5 days ago #2166

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Please get an independent counsel to assist you. It is too risky if you only ask and follow everything here. I would miss out a lot on details for sure because I do not know the case thoroughly.
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Please note that answering your queries in the free legal advice forum does not create an Attorney-Client relationship.
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