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Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN

Department of Justice

Manila

n nDEPARTMENT CIRCULAR NO. M U

To OFFICE OF THE PROSECUTOR GENERAL

ALL OFFICES OF THE REGIONAL PROSECUTOR/OFFICES OF THE

PROVINCIAL PROSECUTOR/OFFICES OF THE CITY PROSECUTOR

Subject AMENDMENT TO DEPARTMENT CIRCULAR NO. 002 DATED 04JANUARY 2018

Date APR 2^ 2019

In the interest of the service and pursuant to the provisions of existing laws,Department Circular No. 002, Series of 2018, requiring the submission of monthlyinventory report of cybercrime and cyber-related cases is hereby amended as follows:

To ensure that the technical nature of cybercrime and its prevention is givenfocus and considering the procedures involved for international cooperation, allRegional, Provincial, and City Prosecutors, as well as Chairpersons of the variousProsecution Task Forces in the Department proper are enjoined to submit everymonth, timely and relevant inventory reports of cybercrime and cyber-related casesfiled with, or prosecuted by, their respective offices.

The Inventory Report on Cybercrime and Cyber-related Cases In theNational Prosecution Service (NPS) shall comprehensively indicate the followinginformation:

a. Date Filed - the date of filing of the complaint with the office of theprosecutor;

b. NPS No. - the docket number assigned by the office of the prosecutor tothe complaint upon its filing;

c. Complete name/s of the Complalnant/s and the Respondent/s of thecase;

d. Specific crime/s and offense/s - the specific law and provision of thesubject crime/offense as defined and penalized under Republic Act (R.A.)No. 10175 or the Cybercrime Prevention Act of 2012, and/or those underthe Revised Penal Code (RPC), as amended, and special penal laws, ifcommitted by, through and with the use of information and communicationstechnology (ICT);

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e. Designation and Complete name of the Assigned Prosecutor to conductPreliminary Investigation or Inquest; and

f. Status of the case - the actual status of the case, which may be either ofthe following: (1) pending preliminary investigation; (2) submitted forresolution; (3) resolved pending review; (4) for filing of information; (5) filedin court; or (6) dismissed.

The assigned prosecutor shall furnish the Department of Justice (DOJ) - Officeof Cybercrime (OOC) with copies of Resolutions issued for cybercrime and cyber-related cases submitted to the NPS.

Once a case is filed in court, the handling prosecutor in the court where thecase is raffled shall submit a monthly Inventory of Cybercrime and Cyber-relatedCases in Court, which shall consist of the following information:

a. Date Filed - the complete date when the case was raffled in court;

b. Case No. - the number assigned by the court;

c. Complete name of the accused in the case;

d. Specific crime/s and offense/s - the specific law and provision of thesubject crime/offense as defined and penalized under R.A. No. 10175,and/or those under the RFC, as amended, and special penal laws, ifcommitted by, through and with the use of ICT;

e. Designation and Complete name of the Handling Prosecutor of thecase;

f. Complete name of the Defense Counsel of the accused;

g. Branch of the Court and Complete name of the Presiding Judge wherethe case is raffled; and

h. Status of the case - the actual status of the case, which may be either ofthe following: (1) arraignment; (2) pre-trial; (3) presentation of prosecutionevidence; (4) presentation of defense evidence; (5) archived; (6)provisionally dismissed; (7) order of acquittal; or (8) order ofconviction/judgment.

The DOJ-OOC shall likewise be furnished with copies of Order of Archival,Dismissal, Acquittal or Conviction issued by the court in relation to cybercrime orcyber-related cases prosecuted by the handling prosecutor.

In case of appeal, the prosecutor who received a copy of such under appealshall furnish the DOJ-OOC a copy thereof.

For purposes of this Department Circular, cybercrime and cyber-related casesshall pertain to cases for violation of R.A. No. 10175, as well as those crimes defined

and penalized by the Revised Penal Code, as amended, and special laws, if the sameare filed in relation to R.A. No. 10175.

The aforesaid Inventory Reports, accompanied by copies of Resolutions issued bythe prosecutor in complaints pending with the NFS, and Orders issued by the court incases pending therewith, as the case may be, shall be submitted to the DOJ-OOC every

Monday of the month succeeding the period covered by said Inventory Reports.

Submission of the requisite Inventory Reports, Resolutions, and/or Orders may bethrough ordinary mail or e-mail to the details below:

Department of Justice-Office of CybercrimeFloor JDC Center

571 Engrancia Reyes St., ErmitaManila 1000

cvbercrime@doi .qov. ph

All Resolutions issued by the NFS prosecutors involving cybercrime and cyber-related complaints starting January 2018 shall be submitted to the DOJ-OOC.

All department orders, circulars, and issuances inconsistent herewith are herebyrevoked. This Circular takes effect immediately and shall remain in force until furtherorders.

Attached are the sample formats of the Inventory Report on Cybercrime and Cyber-related Cases in the NFS and Inventory Report on Cybercrime and Cyber-related Casesin Court for your reference and guidance.

For strict compliance.

MENARDO I. GUEVARRA

Secretary

Department of JusticeCM: 0201904188

III I

INVENTORY REPORT ON CYBERCRIME AND CYBER-RELATED CASES IN THE NFSOffice of the Prosecutor General / Regional I Provincial / City ProsecutorMonth of

DATE FILED NFS NO. TITLE OF THE

COMPLAINT

COMPLAINANT RESPONDENT CRIME/

OFFENSE

ASSIGNED

PROSECUTOR

STATUS COPY OF

RESOLUTION

REMARKS

XXX XXX XXX XXX XXX XXX XXX XXX Y/N NEW

Note:

(1) On the ninth (9*^) column (Copy of Resolution), indicate Y if a copy of the Resolution is being submitted with the Inventory Report. Otherwise, indicate N.(2) On the tenth (10*^) column (Remarks), indicate NEW if a complaint is reported for the first time. Also, use this column to report noteworthy developments

in a complaint.

INVENTORY REPORT ON CYBERCRIME AND CYBER-RELATED CASES IN COURT

Office of the Prosecutor General / Regional I Provincial / City ProsecutorMonth of

DATE

FILED

CASE

NO.

CASE

TITLE

ACCUSED CRIME/

OFFENSE

HANDLING

PROSECUTOR

DEFENSE

COUNSEL

BRANCH OF

THE COURT

AND

PRESIDING

JUDGE

STATUS COPY OF

RESOLUTION/

ORDER

REMARKS

XXX XXX XXX XXX XXX XXX XXX XXX XXX Y/N NEW

Note:

(1) On the tenth (10*^) column (Copy of Resolution), indicate Y if a copy of the Resolution/Order is being submitted with the Inventory Report. Otherwise, indicate N.(2) On the eleventh (11^) column (Remarks), indicate NEW if a case is reported for the first time. Also, use this column to report noteworthy developments

■ in a case.