Philippines: New rules on preliminary investigations and inquests for criminal cases take effect on 31 July

31 Jul 2024    1 minute read

In brief

On 16 July 2024, the Department of Justice (DOJ) issued Department Circular No. 015 or the "2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings" ("Rules"). The Rules mark a significant change to the conduct of criminal proceedings in the Philippines, as they supersede the rules on preliminary investigations previously found in the Rules of Court. The Rules cover the procedure for case build-up, preliminary investigation, inquest proceedings (in situations involving warrantless arrests) and appeals. They introduce several innovations, such as enhanced prosecutorial roles in case build-up, e-filings, and virtual hearings for both preliminary investigations and inquests. The Rules further detail the new "reasonable certainty of conviction" standard previously adopted in several DOJ circulars.

The Rules take effect on 31 July 2024, 15 days after being published.

Contents

Why this is relevant to you

Philippine criminal proceedings generally go through a two-stage process, with the first stage being under the DOJ and consisting of a preliminary investigation or inquest, where applicable. If the DOJ determines that formal charges should be filed in court, the second stage proceeds, with a trial court judge presiding over the trial.

The new Rules modify the entire first stage of this process. Thus, the changes brought about by the Rules are relevant to clients with ongoing criminal cases or those planning to initiate one.

Salient points

A copy of the Rules can be found here. 5 of the 10 salient points that we discuss in the article are:

  1. Quantum of evidence is now "prima facie evidence with reasonable certainty of conviction".
  2. Case build-up and assessment processes have been integrated in the Rules.
  3. Jurisdiction of state prosecutors has been clarified.
  4. Prosecutors may now avail of discovery measures during preliminary investigations.
  5. E-filing of submissions other than the complaint-affidavit is now possible, along with virtual preliminary investigations and inquest proceedings. 

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Quisumbing Torres, Manila
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