Manila: The Supreme Court (SC) has upheld the validity of the Department of Justice's (DOJ) rules raising the standard of proof in preliminary investigations and inquests. In a statement Wednesday, the High Court said it affirmed the DOJ circular that raised the standard of proof in preliminary investigations and inquest proceedings from probable cause to prima facie evidence with reasonable certainty of conviction.
According to Philippines News Agency, the measure was passed during the term of former DOJ secretary and now Ombudsman Jesus Remulla to improve the conviction rate of cases actually filed before the courts by prosecutors and to weed out nuisance or harassment complaints. In a decision written by Associate Justice Japar B. Dimaampao, the SC en banc ruled that Department Circular No. 15, series of 2024, or the 2024 DOJ National Prosecution Service Rules on Preliminary Investigation and Inquest Proceedings (DOJ Rules), is a valid exercise of the DOJ's authority over prosecutorial processes.
Under the DOJ Rules' new standard of proof in preliminary investigations and inquests, prosecutors must ensure that the evidence to charge a person with a crime must sufficiently establish all the elements and consequently warrant a conviction. Hazel L. Meking, a lawyer, questioned the DOJ Rules before the SC, claiming that the DOJ encroached on the SC's constitutional authority to promulgate rules of pleading, practice, and procedure in all courts.
The SC dismissed her petition and reiterated its ruling in A.M. No. 24-02-09-SC, which recognized the DOJ's authority to promulgate its own rules on preliminary investigations and inquest proceedings. The SC emphasized that while the power to promulgate rules of procedure in all courts belongs exclusively to the SC, preliminary investigation is an executive and not a judicial function. It forms part of the prosecutor's role within the Executive department, specifically the duty to determine if there are sufficient grounds to charge a person with a crime.
