[ OP 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. 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