DOJ’s New Rules on Preliminary Investigation and Inquest Proceedings: A Landmark Reform

By Louis ‘Barok‘ C. Biraogo

On July 10, 2024, President Ferdinand Marcos Jr. and Justice Secretary Jesus Crispin Remulla ushered in a new era for the Philippine justice system with the signing of the Department of Justice-National Prosecution Service (DOJ-NPS) 2024 rules on preliminary investigations and inquest proceedings. This significant reform aims to enhance the quality of prosecutions, ensuring a more efficient and just legal process for all Filipinos.

The New Rules: A Closer Look

The newly signed rules bring several pivotal changes to the existing framework for preliminary investigations and inquest proceedings. The most notable shift is the elevation of the standard of proof from “probable cause” to “prima facie evidence with reasonable certainty of conviction.” Justice Undersecretary Raul Vasquez explained that this change ensures that only well-prepared, trial-ready cases are brought to court, thereby eliminating frivolous and harassment suits. This marks a significant step towards a more reliable and streamlined judicial process.

Additionally, the rules emphasize that preliminary investigations are purely an executive function, a clarification that delineates the roles and responsibilities of various government bodies involved in the justice system. This distinction aims to prevent any overlap and confusion, ensuring that each entity operates within its defined scope.

Justice Undersecretary Jessie Andres highlighted another critical aspect of the new rules: protecting innocent individuals from unwarranted charges. This reform guarantees that no arrest warrants will be issued in the absence of concrete evidence, providing a safeguard against wrongful prosecutions.

A Comparative Study: Old Rules vs. New Rules

To fully appreciate the benefits of the new rules, it is essential to compare them with the old rules they replace. Under the previous system, the standard of proof for filing charges was “probable cause,” a threshold that allowed many weak or inadequately investigated cases to proceed to court. This often resulted in clogged court dockets, prolonged trials, and, in some instances, the wrongful prosecution of innocent individuals.

In contrast, the new standard of “prima facie evidence with reasonable certainty of conviction” is much stricter. It requires a higher level of evidence before a case can proceed, ensuring that only those cases with a strong likelihood of resulting in a conviction are filed. This shift not only helps in decongesting the courts but also focuses prosecutorial efforts on cases with substantive merit.

Example 1: Case Dismissals

In 2023, Justice Secretary Remulla ordered the review of pending criminal cases in first-level courts, resulting in the dismissal of around 7,000 out of 30,000 cases due to insufficient evidence. Under the new rules, such cases would not have been filed in the first place, thereby preventing unnecessary judicial proceedings and saving valuable resources.

Example 2: Conviction Rates

The DOJ now boasts a 93% conviction rate, a testament to the effectiveness of the case buildup mechanism implemented under the new rules. This high conviction rate underscores the benefits of ensuring that only robust cases reach the courts, leading to more definitive and just outcomes.

The Role of DOJ Officials and the Supreme Court

The ceremonial signing was attended by key figures in the justice system, including Executive Secretary Lucas Bersamin, Court Administrator Raul Villanueva, National Bureau of Investigation Director Jaime Santiago, Philippine National Police Chief Police General Rommel Marbil, and Prosecutor General Benedicto A. Malcontento. Their presence underscores the collective commitment to reforming the justice system.

The Supreme Court (SC) has also played a crucial role by agreeing to repeal inconsistent provisions in Rule 112 of the Revised Rules of Criminal Procedure to align with the new DOJ-NPS guidelines. As stated by the SC, the DOJ has the authority to direct and control preliminary investigations, and the Court will not interfere as long as there is no grave abuse of discretion. This collaboration between the DOJ and the SC exemplifies a unified approach to enhancing the legal framework.

Objective Assessment and Recommendations

The new rules represent a significant improvement in the Philippine justice system, ensuring that only cases with substantial evidence proceed to trial, thus safeguarding the rights of individuals and optimizing judicial resources. However, successful implementation will require continued collaboration among all stakeholders and adequate funding for the necessary infrastructure and training.

Recommendation 1: Enhanced Training for Prosecutors

Prosecutors must receive comprehensive training on the new standards and procedures to ensure consistent application across all cases. This training should focus on evidence gathering, case building, and the legal standards required for filing charges.

Recommendation 2: Public Awareness Campaigns

Educating the public about the new rules and their benefits is essential. Awareness campaigns can help build trust in the justice system and encourage cooperation from citizens in reporting crimes and participating in the legal process.

Recommendation 3: Continuous Monitoring and Evaluation

The DOJ should establish mechanisms for continuous monitoring and evaluation of the new rules’ implementation. This will help identify any challenges or areas for improvement and ensure that the reforms achieve their intended outcomes.

Conclusion

The signing of the DOJ-NPS 2024 rules marks a pivotal moment in the Philippine justice system’s evolution. By raising the standard of proof and clarifying the roles of different entities, these new rules promise to enhance the quality of justice delivered to every Filipino. The collective efforts of DOJ officials, supported by the Supreme Court’s adjustments, pave the way for a more efficient, just, and reliable legal process. As these reforms take root, continuous collaboration, training, and public engagement will be key to realizing their full potential and ensuring a fairer judicial system for all.