President Marcos and Justice Secretary Jesus Crispin C. Remulla signed in Malacanang on Wednesday, July 10, the National Prosecution Service Rules on Preliminary Investigation and Inquest Proceedings that are envisioned to streamline judicial processes, declog court dockets, and secure higher conviction rates in cases filed before the courts.
“This initiative will profoundly impact our justice system and the Filipino people,” assured Remulla in his speech.
He said "these rules will lead to a higher conviction rate, unclog court dockets and ensure a more streamlined justice process.”
At the same time, Remulla stressed that "the success of this initiative requires the cooperation of all stakeholders including prosecutors and law enforcement agents, and together, we will transfer our justice system to meet the challenges of today and tomorrow.”
Under the Department of Justice's (DOJ) rules on criminal procedures, prosecutors conduct preliminary investigation on complaints filed before the department and prosecutors' offices, and conduct inquest proceedings for those who are arrested without warrant to determine if charges should be filed in court.
DOJ Undersecretary Jesse Hermogenes T. Andres said: “Sa bagong rules on preliminary investigation sinsiguro po na hindi kayo makakasuhan o maiisyuhan ng warrant of arrest sa isang kaso nang walang ebidensya na hawak ang prosecution kasama ang law enforcement agents (The rules on preliminary investigation will ensure that you won’t get charged in court or issued an arrest warrant without evidence already with the prosecution and law enforcement).”
‘Yan po ang garantiya sa bagong rules na meron tayong ebidensya na tinatawag na prima facie evidence with reasonable certainty of conviction na hawak po ng law enforcement agents kasama ng prosecutors bago kayo makasuhan sa korte (The new rules guarantees that we should have prima facie evidence with reasonable certainty of conviction in the possession of the prosecution and law enforcement before charges are filed in court),” he explained.
Also, Andres said the new rules institutionalized cooperation and collaboration between the prosecution and law enforcement in the build-up of cases.
Prior to the new rules, Justice Undersecretary Raul T. Vasquez recounted that Remulla issued on March 31, 2023 Department Circular (DC) No. 20 that instructs prosecutors to work with law enforcement in case build-up and to file cases in court only those that have reasonable certainty of conviction.
But Vasquez said that DC 20 is only applied and limited to certain cases like heinous crimes, illegal drugs, terrorism financing. and capital offenses.
Since DC 20 was implemented, Andres boasted that the DOJ saw a high conviction rate at 93 percent compared to previous years.
“Now that we have institutionalized these new rules on preliminary investigation, we expect the figure to be even higher because we will never file a case where we do not have sufficient evidence to begin with,” Andres said.
He also pointed out that under the new rules, the use of technology in conducting preliminary investigation is allowed.
"Sa bagong rules maaari na po tayong mag-conduct ng videoconferencing sa preliminary investigation, and submission po ng mga affidavit pwede na rin po sa Information and Communications Technology Center (ICTC) portal (Under the new rules, preliminary investigation can be conducted online even the filing of affidavits)," Andres said.
During the signing ceremony, Remulla expressed his gratitude to the Supreme Court (SC) for allowing the DOJ to come up with the new rules since the conduct of preliminary investigation has always been governed by the judiciary’s Rules of Court.
“These rules, governed by an executive issuance, allow the DOJ to recalibrate as necessary, consistent with Supreme Court rulings declaring that preliminary investigation is purely an executive function in nature,” said Vasquez.
Vasquez noted that even Chief Justice Alexander G. Gesmundo has reminded Remulla “to ensure a seamless transition by all concerned from their Rules of Court to the DOJ Rules on Criminal Preliminary Investigation.”