The Supreme Court (SC) has started its nationwide consultations on the proposed revisions in the Rules of Criminal Procedure to attune the rules to changing times, particularly on crimes spawned by technological advancement like cybercrimes.
The Rules of Criminal Procedure guide judges and justices in the handling of criminal cases filed before the courts. The last revision on the rules was done more than two decades ago.
The Department of Justice (DOJ), which is mandated to investigate criminal complaints, has recently laid down the revised rules on preliminary investigations and inquest proceedings.
The first leg of the CRIMPRO (criminal procedure) consultations was conducted by the SC at the De La Salle Lipa in Lipa City last August 8. There were more than 150 participants composed of judges, prosecutors, members of the Public Attorney’s Office, private law practitioners, and members of the academe.
CRIMPRO consultations will also be conducted by the SC in General Santos City, Zamboanga City, Aklan, Bohol, and Muntinlupa City, the SC’s Public Information Office (SC-PIO) said in a press briefer.
Addressing the participants, Chief Justice Alexander G. Gesmundo said the rules “must evolve to reflect the realities of our time, ensuring that they remain potent tools for the fair, transparent and timely delivery of justice to both the accused individuals and the State.”
The Chief Justice pointed out that “technology plays a very significant role in the administration of justice… and adapting to technology has already become a necessity.”
Gesmundo explained that the proposed amendments integrate all the relevant jurisprudential doctrines and other pertinent procedural rules for easy reference, to minimize—if not totally eliminate—the confusion.
“There are currently different rules applicable to a specific criminal case such as the Revised Guidelines for Continuous Trial of Criminal Cases, the Rule on Cybercrime Warrants, and the Rule on the Use of Body-Worn Cameras in the Execution of Warrants,” he said.
He also said the proposed amendments include clarificatory provisions on: (1) the venue for criminal actions involving violations of the Cybercrime Prevention Act of 2012; (2) guidelines which allow the aggrieved party to impute civil liability arising from other sources of obligation, other than delict, against the accused, despite the latter’s acquittal; and (3) the express inclusion of other actions pending before administrative bodies, as a possible ground for the invocation of the rules on prejudicial question.
At the same time, Gesmundo said the amendments would introduce more details to ensure that several rights of the accused, such as the right to bail and the right against unreasonable searches and seizures, “are properly safeguarded.”
SC Associate Justice Rodil V. Zalameda, chairperson of the sub-committee on the revision of the Rules of Criminal Procedure, said the updating of the rules is in line with the Strategic Plan for Judicial Innovations 2022-2027 (SPJI) which has three target outcomes of Efficiency, Innovation, and Access.
Under Innovation, Zalameda said the SC seeks to review procedural rules such as the Rules of Criminal Procedure to make court processes and proceedings more user-friendly and more understandable by ordinary court users.
Thus, Zalameda encouraged open and honest dialogue during these consultations as he emphasized that “in striking a balance between efficiency and the need to uphold the principles of justice and fairness, the proposed amendments to the Revised Rules of Criminal Procedure require collaboration among all the relevant stakeholders.”
SC Associate Justice Maria Filomena D. Singh, a member of the sub-committee, echoed the sentiments of the Chief Justice as she stressed that the updating of the Rules is to keep it relevant to the times, taking into consideration the advances in technology.
“When the SPJI speaks of Innovation, the Chief Justice clarified, it speaks of transformation, changing the old inefficient ways with new methods that are more responsive, more relevant, and more timely. We are proud to present to all of you our new Rules of Criminal Procedure, which is going to be a legacy of transformation,” Justice Singh said.
SC Associate Justice Jose Midas P. Marquez, also a member of the sub-committee, cited the dramatic increase in the number of criminal cases filed before the trial courts for the past four years.
“From more than 330,000 criminal cases filed in 2019 to an estimated 800,000 in 2023, it is not surprising to see not only the shortcomings, but also the vital avenues for improvement in our judicial capacity, procedural rules, and physical and technological infrastructure,” Justice Marquez said.
Sub-Committee members and Court of Appeals (CA) Associate Justice Wilhelmina B. Jorge-Wagan and Sandiganbayan Associate Justice Juliet Manalo-San Gaspar gave presentations on the salient changes sought to be introduced by the revision and on the draft forms for the proposed amendments, respectively.
CA Associate Justice Fortunato A. Caringal provided the summary of the comments and recommendations arrived at during the consultation.
SC Associate Justice Jhosep Y. Lopez, vice-chairperson of the sub-committee, expressed the SC’s gratitude to the more than 150 participants during the consultation.
DOJ Undersecretary Raul T. Vasquez and Atty. Rommel Alim Abitria of the Australian Government-supported Fostering Advancement of Inclusive and Rights-based Justice (FAIR Justice) Program gave messages of support while DLSL Chancellor Dr. Merlin Teodosia C. Suarez welcomed the justices, court officials, participants, and support staff to the event.
Also in attendance were SC Associate Justices Alfredo Benjamin S. Caguioa, Ramon Paul L. Hernando, Samuel H. Gaerlan, Ricardo R. Rosario, and Japar B. Dimaampao.