There is no single form called a “reinvestigation request” — what you file depends on where the case stands. If the prosecutor’s resolution is fresh, file a motion for reconsideration within 15 days; if that fails or the case is already at the Department of Justice level, file a petition for review within 15 days; and if an Information has already been filed in court, you need to seek leave of court before the case can go back to the prosecutor.
“Reinvestigation” is not a single, one-size-fits-all remedy — what you actually file, and where, depends on exactly how far the case has progressed. Philippine criminal procedure gives a party three different doors depending on timing: a motion for reconsideration while the case is still with the investigating prosecutor, a petition for review to a higher prosecuting authority within the Department of Justice, or a motion for leave of court to reopen the preliminary investigation once an Information has already been filed with the trial court. Picking the wrong door, or missing the short filing windows involved, is the most common way a legitimate ground for reinvestigation gets lost. Either the complainant (if the case was dismissed) or the respondent (if probable cause was found) can be the one seeking review — the procedure is the same either way.
Step 1: Identify a Real Ground
A reinvestigation is not a second chance to re-argue the same evidence the prosecutor already weighed. The recognized grounds are narrow:
- Newly discovered evidence — evidence that could not, with reasonable diligence, have been discovered and presented during the original preliminary investigation, and which would probably change the result if considered.
- Denial of due process — for example, a resolution issued without the respondent ever having been served the complaint or given a real chance to file a counter-affidavit.
- Palpable error or grave abuse of discretion in how the investigating prosecutor evaluated the evidence actually on record.
Disagreement with the prosecutor’s assessment of credibility, or a bare claim of innocence unsupported by anything new, is generally not enough on its own to justify reopening the case.
Step 2: If the Resolution Is Fresh — File a Motion for Reconsideration
If the prosecutor has just issued a resolution (finding probable cause, or dismissing the complaint) and no Information has been filed in court yet, the first and fastest remedy is a motion for reconsideration filed with the same prosecutor’s office. Under the National Prosecution Service’s current rule on appeals, this motion must be filed within fifteen (15) days from receipt of the resolution, and only one motion for reconsideration is allowed per party. The prosecutor who issued the resolution, or another assigned within the same office, reviews the motion and either grants it — effectively ordering a reinvestigation or reversing the finding — or denies it.
Step 3: If That Fails — Petition for Review With the DOJ
If the motion for reconsideration is denied, or if you choose to skip it and go straight to a higher authority, the next remedy is a verified petition for review. Depending on the offense and where the case originated, this goes to the Secretary of Justice, the Prosecutor General, or the appropriate Regional State Prosecutor. The petition must be filed within fifteen (15) days from receipt of the resolution, or from receipt of the denial of the motion for reconsideration if one was filed. An extension may be requested for justifiable reason, but it is granted at the reviewing office’s discretion and is not guaranteed, so the motion for extension itself should be filed well before the original period runs out. Copies of the petition must be furnished to the adverse party and to the prosecution office that issued the resolution being questioned, and filing fees apply.
The reviewing authority can affirm, reverse, or modify the resolution, or order the investigating prosecutor to conduct a reinvestigation. There is no fixed statutory period within which the DOJ must resolve a petition for review, so realistic timelines vary widely with caseload — this step can take months rather than weeks, which is worth planning around if the underlying case has its own separate deadlines running.
Step 4: If an Information Has Already Been Filed in Court
Once the Information reaches the trial court, control over the case shifts to the court itself. This matters because a prosecutor cannot simply pull the case back for reinvestigation on their own initiative at that point — the party seeking it must first obtain leave of court. In practice this means filing a written motion with the trial court asking it to suspend further proceedings, including arraignment, and to allow the case to be referred back to the prosecutor’s office for reinvestigation, stating the specific ground relied upon. Philippine Supreme Court jurisprudence on this point (the Leviste case is the standard reference) holds that because jurisdiction over the case has already vested in the court, reinvestigation at that stage proceeds only with the court’s permission, and the court remains free to accept or reject whatever the prosecutor recommends afterward.
This route is typically used before arraignment. Once the accused has been arraigned and entered a plea, reopening the preliminary phase becomes considerably harder, since the case has effectively moved into trial.
Step 5: What Happens After Reinvestigation Is Granted
If the court, or the prosecutor’s office where the case has not yet reached the court, grants the reinvestigation, the case goes back to the investigating prosecutor, who will typically require the parties to submit additional affidavits or evidence relevant to the new ground raised. The prosecutor then issues a new resolution, which is submitted to the court if the case is already docketed there. Importantly, even at this stage the trial court is not automatically bound by whatever the prosecutor recommends — if the prosecutor moves to withdraw the Information after reinvestigation, the court still independently evaluates the motion and the evidence before granting or denying it. This is the practical effect of the rule that once a case is with the court, disposition of the case is a judicial, not merely a prosecutorial, function.
What to Prepare
Whether you are filing a motion for reconsideration, a petition for review, or a motion for leave in court, expect to assemble substantially the same package: a copy of the resolution being questioned with proof of the date received, a clear statement of the specific ground relied upon, any new affidavits or documentary evidence supporting that ground, and proof of service on the opposing party. Petitions for review additionally require verification (a sworn statement that the allegations are true and correct based on personal knowledge or authentic records) and, for petitions to the DOJ, payment of the applicable filing fee.
A Special Case: Inquest Proceedings
If the accused was arrested without a warrant and the case went through inquest rather than a regular preliminary investigation, the accused has a separate right to ask for a regular preliminary investigation within five (5) days from the time they learned that an Information was filed, by executing a written waiver of the provisions of Article 125 of the Revised Penal Code in the presence of counsel. Failing to invoke this right within that short window generally forfeits it, which makes speed the single most important factor in inquest situations.
Why Inquest Cases Move Faster
Inquest is the summary procedure prosecutors use when a person has been arrested without a warrant, precisely because the normal preliminary investigation timeline cannot accommodate someone already in custody. Because the accused did not go through the standard investigation, the rules give them a narrow, separate opportunity afterward to ask for one — which is the five-day right described above. This is different from, and shorter than, any of the fifteen-day windows that apply once a regular preliminary investigation has already taken place.
When to Bring In Counsel
None of these remedies strictly requires a lawyer to file, but the short, largely non-extendible nature of the deadlines involved means a misstep on timing or form is usually fatal to the request. A lawyer familiar with the specific prosecution office’s practice can also help identify which of the three doors — motion for reconsideration, petition for review, or motion for leave in court — actually fits the case, since filing the wrong one at the wrong stage wastes time that generally cannot be recovered once a deadline has passed.
Practical Checklist
- Confirm exactly where the case stands: still with the prosecutor, on petition for review at the DOJ, or already filed in court.
- Identify a specific, articulable ground — newly discovered evidence, denial of due process, or palpable error — not just disagreement with the outcome.
- Calendar the fifteen-day windows for a motion for reconsideration and for a petition for review; these are strictly enforced.
- If the Information is already in court, prepare a motion for leave before arraignment rather than waiting.
- Keep proof of service and filing dates for every motion — timeliness is usually the first thing an opposing party will attack.
Because each of these routes has a short, strictly enforced deadline and depends on exactly where the case sits procedurally, it is worth confirming the current status of the case with the prosecutor’s office or the court, as applicable, before drafting anything.
Frequently Asked Questions
What is the difference between a motion for reconsideration and a petition for review? A motion for reconsideration is filed with the same prosecutor’s office that issued the resolution, within 15 days of receipt, and only one is allowed. A petition for review escalates the matter to the Secretary of Justice, Prosecutor General, or Regional State Prosecutor, also within 15 days of the resolution or of the denial of the motion for reconsideration.
Can I still ask for reinvestigation after the case is already filed in court? Yes, but you need leave of court first. Because the court already has jurisdiction over the case once the Information is filed, the prosecutor cannot conduct a reinvestigation on their own initiative — you must file a motion asking the court to suspend proceedings and allow the case to go back to the prosecutor.
How long does the DOJ take to resolve a petition for review? There is no fixed statutory period, so it varies significantly with the DOJ office’s caseload. Realistically, this step can take several months rather than weeks, which is worth factoring into any related deadlines.
What happens if the reinvestigation finds no probable cause after all? The prosecutor will typically move to withdraw the Information from the court. The court still independently evaluates that motion, since once a case is filed, disposing of it is ultimately a judicial decision, not something the prosecutor can simply dictate.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
The procedural window matters more than the merits in most reinvestigation disputes — confirm the case’s exact status before choosing which remedy to file.