Supreme Court affirms revised DOJ rules on standard of proof for preliminary investigations

The Philippine Supreme Court (SC) upheld the validity of a Department of Justice (DOJ) circular that raises the standard of proof in preliminary investigations and inquest proceedings.

In a press statement, the SC said the ruling, written by Associate Justice Japar B. Dimaampao,  pertains to proof for "preliminary investigations and inquest proceedings from probable cause to prima facie evidence with reasonable certainty of conviction."

"The SC En Banc ruled that Department Circular No. 15, series of 2024, or the 2024 DOJ-National Prosecution Service Rules on Preliminary Investigation and Inquest Proceedings (DOJ Rules), is a valid exercise of the DOJ’s authority over prosecutorial processes," the statement said.

Atty. Hazel L. Meking questioned the DOJ Rules before the SC. She claimed that the DOJ encroached on the SC’s constitutional authority to promulgate rules for pleading and procedure in courts. 

She argued that the new DOJ Rules revised Rule 112, Section 3 (a) of the Rules of Criminal Procedure, which states that evidence in preliminary investigations must only point to "probable cause."

In contrast, the DOJ Rules’ new standard of proof in preliminary investigations and Inquest proceedings require prosecutors to ensure that the evidence submitted to charge a person with a crime is sufficient to establish "all the elements and consequently warrant a conviction."

The SC dismissed Meking's petition and acknowledged the DOJ’s authority to promulgate its own rules on preliminary investigations and inquest proceedings.

The SC explained that the power to promulgate rules of procedure in all courts indeed belongs exclusively to the SC. However, the SC clarified that a preliminary investigation is an executive, not a judicial, function.

"It forms part of the prosecutor’s role within the Executive department, specifically the duty to determine if there are sufficient grounds to charge a person with a crime," the SC press statement said.

CHANGES IN THE RULES OF CRIMINAL PROCEDURE

Meanwhile, the SC also cited that it had previously recognized preliminary investigation as the exclusive domain of prosecutors when it revised the Rules of Criminal Procedure in 2005.

Then in 2024, through A.M. No. 24-02-09-SC, the SC also ordered the repeal of provisions in Rule 112 which are inconsistent with the DOJ Rules.

The SC, however, made it clear that the DOJ Rules are limited to preliminary investigations and inquests conducted by prosecutors.

The DOJ Rules do not dictate court procedures because the SC’s constitutional rule-making authority over judicial proceedings remains supreme.

The SC also maintains the power to correct any grave abuse of discretion in any prosecutorial rules or actions.

FAITHFUL EXECUTION OF LAWS

Senior Associate Justice Marvic M.V.F. Leonen said the power to prosecute crimes falls under the President’s constitutional mandate to ensure the faithful execution of laws. 

In his Concurring Opinion, Leonen affirmed that the DOJ, a representative of the executive branch, has the authority to promulgate its own rules on preliminary investigations and inquest proceedings. 

-Paraluman News