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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The 2024 Department of Justice- National Prosecution Service (DOJ-NPS) Rules on Preliminary Investigations and Inquest Proceedings shall govern the conduct of preliminary investigations and inquest proceedings in all prosecution offices in the National Prosecution Service of the Department of Justice as enumerated in R.A. No. 10071 or the Prosecution Service Act of 2010, subject to the provisions of Department Circular No. 20 or the Policy on Pro-Active Involvement of Prosecutors in Case Build-Up, where applicable.
Coverage
The conduct of preliminary investigation proceeding shall be required for crimes or offenses where the penalty prescribed by law is at least six (6) years and one (1) day without regard to fine.
This notwithstanding, the investigating prosecutor may motu proprio, at any stage of the proceeding, dismiss the complaint if there is no prima facie evidence with reasonable certainty of conviction, provided, the dismissal is with prior approval of the head of the prosecution office.
Policies
The 2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings shall be consistent with the policy of the Department to file an information in court only when prima facie evidence with reasonable certainty of conviction is established. It institutionalizes the following policies:
- The executive and inquisitorial nature of the conduct of preliminary investigations and inquest proceedings;
- The pro-active role of prosecutors in the investigation of crimes; and
- The adoption of procedures for e-filing, as well as the conduct of virtual preliminary investigation hearing and e-inquest proceedings, as alternatives.
Quantum of Evidence
The quantum of evidence for preliminary investigations and inquest proceedings is prima facie evidence with reasonable certainty of conviction. This quantum exists when a prima facie case is established by the evidence-at-hand, including but not limited to testimonial evidence, documentary evidence, and real evidence; and such evidence, on its own and if left uncontroverted, shall be sufficient to establish all the elements of a crime or offense charged, and consequently warrant a conviction beyond reasonable doubt.
The quantum of evidence is met when the prosecutor is convinced that the entirety of evidence presented by the parties is (a) admissible, (b) credible, and (c) capable of being preserved and presented to establish all the elements of the crime or offense, as well as the identity of the person or persons responsible therefor. Reasonable certainty of conviction also includes a summary evaluation of the evidence presented by the respondents through their counter-affidavit.
Prosecutors and Officers Authorized to Conduct Preliminary Investigation and Inquest Proceedings
All prosecutors, including prosecution attorneys, and other officers as may be allowed by law, are authorized to conduct preliminary investigations and inquest proceedings.
State prosecutors or prosecutors assigned at the Office of the Secretary of Justice Prosecution Staff shall have national jurisdiction over all crimes or offenses involving national security, all criminal cases for which task forces have been created, and all criminal cases in which the venues were transferred to avoid a miscarriage of justice, or when so directed by the Secretary of Justice as public interest may require.
The city, provincial, or regional prosecutors and their assistants shall have jurisdiction over crimes or offenses, and violations of ordinances, cognizable by the proper courts in their respective territorial jurisdictions.
Preliminary Investigation
Preliminary Investigation is a summary proceeding to determine whether a person should be indicted in court after ascertaining based on the evidence provided and after case build-up has been conducted, that there is prima facie evidence with reasonable certainty for the respondent’s conviction and that he/she should be held for trial.
Virtual preliminary investigation, as an alternative means, is the conduct of preliminary investigation through videoconferencing using the appropriate information and communications technology (ICT). This may be availed of at the initial hearing where both parties are present and the ICT therefor is available to both the prosecution office and the parties.
Inquest Proceedings
It is an informal and summary investigation conducted by a prosecutor, or other officers allowed by law, in cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether said persons should remain under custody and correspondingly be charged in court. E-inquest, as an alternative, is the conduct of inquest through videoconferencing using the appropriate ICT.
Resolution and Information
A resolution is the ruling or disposition of the prosecutor on the preliminary investigation and inquest proceedings which determines whether an information should be filed in court or the complaint should be dismissed.
An information is an accusation in writing charging a person with a crime or offense subscribed, certified by a prosecutor and filed with the proper court. It shall be in the name of the “People of the Philippines” and against all persons who appear to be responsible for the crime/offense.
The certification of the prosecutor in the information shall be under oath and shall include the following:
- That he/she has personally examined the complainant and his/her witness/es;
- That there is prima facie evidence with reasonable certainty of conviction of the accused when the case is tried in court based on available evidence and the presence of testimonial, real/object, and documentary evidence on hand;
- That the accused was informed of the complaint and of the evidence submitted against him/her;
- That the accused was given an opportunity to submit controverting evidence, and;
- That the filing of the information is with the prior authority of the Prosecutor General, City, or Provincial Prosecutor.
If the information emanates from an inquest proceeding, the prosecutor, in addition to the above-enumerated requirements, shall certify that the accused has not opted to avail of his/her right to preliminary investigation and has not executed a waiver pursuant to Article 125 of the Revised Penal Code, as amended.
The resolution and information shall be approved by the Prosecutor General, City/Provincial Prosecutor, or his/her duly authorized deputies. The parties shall be furnished with copies of the resolution at their address on record.
The information filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with other supporting evidence and the resolution on the case.
Disposition and Recommendations
If the prosecutor determines based on the evidence that there is no prima facie evidence with a reasonable certainty that the respondent will be convicted once tried in court, he/she shall dismiss the complaint, with the authority or approval of the head of the prosecution office. The Prosecutor shall cite all the legal grounds and bases for the dismissal of the complaint in his/her resolution; provided that the dismissal shall be without prejudice and may be refiled when new or additional pieces of evidence are produced upon further case build-up, as the case may be.
When the investigating prosecutor recommends the dismissal of the complaint but the recommendation is disapproved by the head of the prosecution office on the ground that there exists a prima facie evidence with a reasonable certainty of conviction, the latter may file the information against the respondent, or direct another prosecutor to do so without conducting another preliminary investigation.
If the prosecutor determines that there is prima facie evidence with reasonable certainty, he.she shall issue a resolution recommending the filing of Information on court.
Period to Resolve Cases
All preliminary investigation complaints shall be resolved by the investigating prosecutor within a period of sixty (60) calendar days from the date of assignment with a maximum of thirty (30) day extension in the following cases: (a) capital offenses; (b) complex issues; (c) counter-charges; (d) consolidation of related complaints; and (e) reassignment. The recommendatory resolution and information shall be transmitted to the head of office for approval within five (5) calendar days from the date of resolution.
The recommendatory resolution and information shall be acted upon by the Prosecutor General, City/Provincial Prosecutor, or his/her duly authorized deputies, within ten (10) calendar days from receipt of the resolution and information. The resolution shall be promulgated within five (5) days from its approval.
Inquest referrals shall be resolved within the day and transmitted to the head of office for approval on the next working day.
Remedies
Motion for Reconsideration
The aggrieved party may file a motion for reconsideration for resolution within fifteen (15) days from receipt.
The motion for reconsideration shall be assigned to the investigating prosecutor or another prosecutor within three (3) days from the filing thereof. It shall be resolved within thirty (30) days from the date of assignment.
Petition for Review
Resolutions of the Prosecutor General or the City, Provincial, or Regional Prosecutor on preliminary investigation or motion for reconsideration may be the subject of a petition for review or appeal. Provided that, the petition for review shall be accompanied by a motion to suspend proceedings, as filed with the court.
However, resolutions of the Prosecutor General or Regional Prosecutor on appeal of the cases cognizable by first level courts shall be final and no longer appealable to the Office of the Secretary of Justice.
The resolution of the Secretary of Justice on appeal in criminal cases cognizable by the second level courts shall be final, executory, and non-appealable.
Motion for Reconsideration on Petition for Review
The aggrieved party may file a verified motion for reconsideration of the resolution within fifteen (15) days from receipt.
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