Flashcards Studio

FACTS: A private complainant, Lualhati Cruz, filed a verified complaint with the Department of Justice (DOJ) through its Panel of Investigators, accusing a barangay captain of malversation in connection with a relief-distribution project during a disaster. The Investigator issued a Resolution dismissing the complaint for lack of probable cause. Cruz seeks to challenge the Investigator's Resolution by an appeal under DOJ Circular No 2000-70, as amended by Circular No 2022-027. (a) Identify whether an appeal from an Investigator's Resolution lies under these circulars and the proper forum for the appeal; (b) State the grounds on which the appeal may be granted and the standard of review; (c) Apply to the facts: Should Cruz be allowed to appeal, and what outcome should a reviewing authority likely reach?