Department of Justice (DOJ)  prosecutors can mandatorily or voluntarily inhibit themselves from handling the preliminary investigation of cases filed with the department or before its various prosecutor's offices nationwide. 

The guidelines on the inhibition was issued by Justice Secretary Jesus Crispin C. Remulla in Department Circular No. 005 series of 2024.

“Public prosecutors are mandatorily prohibited from taking part in any proceeding where a conflict of interest has been identified or where their impartiality might reasonably be questioned,” Remulla said in his order.   

“These instances include, among others, the following:  1) public prosecutor knows that the spouse, descendant, ascendant or relative within the fourth civil degree of consanguinity/affinity has interest in the subject matter of the controversy; 2) public prosecutor is related by consanguinity or affinity with any litigant within the sixth civil degree or to counsel within the fourth civil degree; and 3) public prosecutor issued the Resolution or recommendation subject to review or appeal,” the DOJ said in a statement. 

"Public prosecutors may voluntarily inhibit from a proceeding after exercising sound discretion but only for meritorious, compelling and serious grounds and to avoid a miscarriage of justice,” it said.

“The prosecutor shall at the earliest opportunity, ascertain the grounds for inhibition, make immediate disclosure, and inhibit, when applicable,” it also said. 

Remulla said: “I assure the public, especially the parties to the case, that the wheels of justice continue to grind regardless of the prosecutor assigned to your case."

“As the prosecution arm of the government, prosecutors play a vital role in the criminal justice system, you are duty bound to deliver justice without fear or favor,” he added.

Remulla then urged DOJ prosecutors “to discharge their duties vigorously and in an objective manner to maintain public trust and confidence in the legal system.”

The guidelines on inhibition "covers all prosecutors in the Office of the Secretary of Justice Prosecution Service (OSJPS), Regional Prosecution Offices (RPOs), Offices of the Provincial and City Prosecutors, covering all proceedings including preliminary investigation, inquest and summary proceedings, prosecuting cases during trial; or taking part in the resolution of petitions for review.”