“With your initial evaluation lies not just the peace of mind of a person accused but also his or her freedom. Lest you forget, you are the ‘gatekeepers’ of the judiciary, and it is equally your duty to protect the rights of an accused — to free him or her of the burden of a criminal charge, when you honestly believe that the evidence presents no reasonable certainty of conviction.” This was a fair warning issued by Chief Justice Alexander G. Gesmundo to public prosecutors when he spoke at the national convention of the Prosecutors’ League of the Philippines (PLP) in Davao City on Wednesday, March 29. The Chief Justice’s warning reinforces the wisdom behind the recent directive of Justice Secretary Jesus Crispin Remulla, who ordered prosecutors to withdraw cases filed in court if they find no “reasonable certainty of conviction.” “The presumption of innocence should not be overturned by a mere probable cause. It has to be a more proactive stance such that if one would be held to account for a crime, the investigator or prosecutor holding that person accountable should at least be certain that the evidence is enough to convict him,” Remulla had earlier said. The warning issued by no less than the top magistrate of the land and the new policy direction of the Department of Justice, which has direct control and supervision over the National Prosecution Service, is a step in the right direction. This is certain to spare innocent litigants from languishing in detention cells — at times even longer than the prescribed penalty for the crime he or she is accused of — just because the complaint or information was recklessly filed or there was a misappreciation of probable cause. And as United States Attorney General Merrick Garland once said, “The great joy of being a prosecutor is that you don't take whatever case walks in the door. You evaluate the case; you make your best judgment. You only go forward if you believe that the defendant is guilty.” The steps taken by Chief Justice Gesmundo and Justice Secretary Remulla may no longer be able to correct past injustices suffered by innocent litigants, but these moves are certain to prevent a recurrence and in effect serve justice to all. It will also help clear court dockets and decongest detention cells and jails around the country. In fact, Chief Justice Gesmundo has lamented the extent of congestion in the country’s prison facilities as he noted a study showing that there are 199,079 persons deprived of liberty (PDLs) as of Dec. 31, 2021 “or at least 179 PDLs per 100,000 population in the Philippines.” Of this number, 69.51 percent of the PDLs are undergoing preventive detention and 30.49 percent have been sentenced. This only shows that close to 70 percent of those languishing in prison facilities are still awaiting judgment on the cases filed against them. How many of these are innocent, yet are suffering the ignominy of having to be locked up in detention facilities. Just imagine the social stigma that comes with it. As Chief Justice Gesmundo pointed out, “the duty of the judiciary to dispense justice can only be truly fulfilled if it is able to perform its functions with fairness and efficiency. And in our criminal justice system, the courts depend on the work of public prosecutors to ensure just that.” True, the courts can only render judgment on the basis of the information filed by the complainant, through the prosecution service. With the reforms being infused in the country’s criminal justice system, we look forward to the time when everyone will be enjoying justice. It starts with “reasonable certainty of conviction” at the prosecution level.