[ ADMINISTRATIVE ORDER NO. 253, January 29, 2009 ]
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)
WHEREAS, Administrative Order (A.O.) No. 18, dated February 12, 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. The automatic review enunciated herein 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 MC 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.
DONE in the City of Manila, this 29th day of January, in the year or our Lord, Two Thousand and Nine.
By the President:
(Sgd.) EDUARDO R. ERMITA
Executive Secretary
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. The automatic review enunciated herein 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 MC 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.
DONE in the City of Manila, this 29th day of January, in the year or our Lord, Two Thousand and Nine.
(Sgd.) GLORIA M. ARROYO
By the President:
(Sgd.) EDUARDO R. ERMITA
Executive Secretary