The Department of Justice (DOJ) has expanded the nature of criminal offenses that requires prosecutors to collaborate with law enforcers in case build up.
These criminal cases involve violations of Republic Act No. 10863, the Customs Modernization and Tariff Act (CMTA); RA 10845, the Anti-Agricultural Smuggling Act of 2016; and the National Internal Revenue Code of 1987 (NIRC).
The expanded coverage of collaboration is contained in Department Circular (DC) No. 007, series of 2024, which would take effect 15 days after its publication in the Official Gazette.
DC 007 amended DC 20 which was issued on March 31, 2023. Under DC 20, the collaboration between prosecutors and law enforcers was limited to violations of RA 9165, the Dangerous Drugs Act); RA 9160, the Anti-Money Laundering Act of 2001; RA 11479, the Anti-Terrorism Act of 2020; RA 10168, the Terrorism Financing Prevention and Suppression Act of 2012; and all other capital offenses punishable by reclusion perpetua, a jail terming ranging from 20 years to 40 years.
Justice Secretary Jesus Crispin C. Remulla said the expanded coverage of collaboration will maximize the functions of the DOJ’s National Prosecution Service (NPS) so that efforts in the pursuit of justice will not go to waste.
“Empowering our prosecutors and boosting their morale in the course of their duties is a paramount responsibility of the DOJ to its staff and personnel, harnessing our firm commitment to the Filipino people that justice will always prevail whatever the odds are at all costs,” Remulla said.
Under the two circulars, "prosecutors are required to ascertain the existence of prima facie case and reasonable certainty of conviction before a complaint is docketed for preliminary investigation,” the DOJ said the department.
“If there is no sufficient evidence, prosecutors are required to advise law enforcers about the lack of evidence and direct them to submit the lacking evidence,” it said.