Government prosecutors are now mandated to be pro-active in the investigation of crimes by helping complainants and law enforcers in the case build-up to assure that only criminal cases with reasonable certainly of convictions are filed before the courts.
In Department Circular 020 issued by Department of Justice (DOJ) Secretary Jesus Crispin C. Remulla, prosecutors “must ensure the existence of a prima facie case and a reasonable certainty of conviction based on available documents, witness/es, real evidence and the like.”
Prima facie “is such status of evidence which on its own and if left uncontroverted, is sufficient to establish all the elements of a crime.”
Remulla said the guidelines in the circular will “promote efficient and effective administration of justice.”
Under the circular, covered are heinous crimes; and all violations of Republic Act No. 9165, the Dangerous Drugs Act, as amended; RA 9160, the Anti-Money Laundering Act of 2021, as amended; RA 11479, the Anti-Terrorism Act of 2020; and RA 10168, the Terrorism Financing Prevention and Suppression Act of 2012; and all other capital offenses that are punishable by reclusion perpetua (maximum of 40 years in jail).
Heinous crimes listed in the circular include, but not limited to, treason under Article 114 of the Revised Penal Code (RPC); piracy and qualified piracy under Articles 122 and 123 of the RPC; qualified bribery under Article 211-A of the RPC; parricide under Article 245 of the RPC; and infanticide under Article 255 of the RPC; kidnapping and serious illegal detention under Article 267 of the RPC; robbery with violence against and intimidation of persons under Article 294 of the RPC; destructive arson under Article 320 of the RPC; rape under Article 335 of the RPC; plunder under Republic Act No. 7080; and carnapping under Section 14 of RA 6539.
Also, the guidelines in the circular are suppletory in application to the Inter-Agency Committee on Extra Legal Killings, Enforced Disappearances, Torture and Other Grave Violations of the Rights to Life, Liberty, and Security of Persons; Presidential Task Force on Violence against Media Workers; and the National Task Force to End Local Communist Armed Conflict.
Under the circular, criminal complaints not subject for inquest received by prosecution offices from private individuals and formal referrals from law enforcement agencies (LEAs) should undergo evaluation within 10 days to determine if preliminary investigation will be conducted.
The conduct of the preliminary investigation will determine if prosecutors will file the cases in courts.
“In all cases for preliminary investigation, the investigating prosecutor shall issue a Certification as to the existence of prima facie case and of a reasonable certainty of conviction based on available documents, witness/es, real evidence and the like, or the lack thereof,” the circular stated.
It also stated that if the evaluation results in a finding that there is no sufficient evidence, “the complaint shall be referred back to the private complaint or the referring LEA...” and will include “a directive to secure and submit the said lacking evidence/s.”
“For this purpose, the complainant or referring LEA, or other concerned LEA/s may be subpoenaed to appear for a conference or to produce necessary documents if the assisting prosecutor deems it necessary or advantageous under the circumstances,” it stated.
“If the complaint cannot be supported by sufficient evidence, or that the lacking pieces of evidence cannot be located or secured within a reasonable period of time from its referral back to the private complainant or the referring LEA as contemplated… it shall be closed and terminated without prejudice to refilling, with due notice to the complainant or the referring LEA,” it also stated.
On inquest proceedings – conducted before prosecutors for persons arrested without warrant to determine if charges should be filed in court -- prosecutors were also directed to “render immediate assistance and evaluate the required documents.”
“If the complainant and other required documents at that point do not contain all the necessary evidence to prove the essential elements of the crime, or the suspect/s are not taken into custody within the period allowed by law, the assisting prosecutor shall so certify such fact and make a recommendation to the head of the office or his/her designated personnel for the conduct of regular case build up and, if warranted, a preliminary investigation,” the circular stated.
“The prosecution office concerned must continue to assist, coordinate and cooperate with, and extend sufficient legal guidance with the relevant LEA to build-up the case and ensure the successful prosecution of the same,” it stated.
The circular also instructed all heads of prosecution offices to “ensure that all prosecutors within their respective offices shall, as far as practicable, be available to assist, coordinate with, and provide sufficient legal guidance to law enforcement agencies (LEA) in all planned operations such as but not limited to buy bust, controlled delivery operation, entrapment, application for search warrant, and the like, starting from their inception until successful termination of the case.”