The criminal justice system in the Philippines is fundamentally broken at every level. However, it seems there might be some hope yet as the DOJ has passed new rules allowing prosecutors to finally do their jobs.
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| https://www.pna.gov.ph/articles/1229731 |
Reforms undertaken by the Department of Justice (DOJ) in the preliminary investigation process will protect the innocent from unwarranted charges and ensure that the guilty will be made to answer for their crimes, a senior DOJ official said Wednesday.
“The newly-signed Department of Justice – National Prosecution Service (DOJ-NPS) Rules on Criminal Investigation virtually changed the landscape in criminal investigation and prosecution by ensuring there is a higher degree of proof, there is a quantum of proof or evidence needed for the filing of cases," Justice Undersecretary Raul Vasquez said during the 2024 Post State of the Nation Address (SONA) discussions.
The DOJ-NPS 2024 was signed by Justice Secretary Jesus Crispin Remulla at the Kalayaan Hall in Macalañang on July 10, with President Ferdinand R. Marcos Jr. as witness.
Under the new rules, the standard of proof was raised from probable cause to prima facie evidence with reasonable certainty of conviction.
Vasquez said the new rules also call for more immersive participation by prosecutors in the investigation phase to ensure quality indictments and help weed out harassment suits.
"This is to ensure that only quality cases are filed, one that is supported by evidence, real, testimonial, and other corroborative witnesses, in order that the wrongdoers or criminals would really be brought to bear before the bar of justice, but at the same time, and more importantly, it is also assures that the innocents need not needlessly be charged in court nor incarcerated," he said.
"We will also try to formalize the close coordination between law enforcement and the prosecution in order that only trial-ready and evidence-supported cases will be filed."
Vasquez also pointed out that efforts have been initiated for the establishment of a Forensic Institute, which would make investigations science-based, in terms of criminal investigations and prosecutions.
"This is also useful in terms of calamity and disaster control because, with the higher capacity of our doctors and medical practitioners in terms of forensic science, we would be able to determine the real causes of death," he said.
Under these new rules prosecutors will now participate more in the investigation phase. What have prosecutors been doing all this time? Marcos says not only will prosecutors participate more in the investigation phase but they will lead it.
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| https://pco.gov.ph/news_releases/pbbm-welcomes-signing-of-doj-nps-rules-on-criminal-investigation/ |
The President said the new rules and procedures will ensure fairness and due process as the government protects its citizens.
“Through this, all prosecutors are now empowered to take the lead in criminal investigations, ensuring that there is proper and sufficient case build-up before filing in court,” he said.
President Marcos said the new rules will institutionalize the executive and inquisitorial nature of preliminary investigations in line with legal precedents and reinforcing the DOJ’s authority in this domain.
The guidelines will also enhance existing prosecutorial functions empowering the DOJ to take a proactive role in the investigation of crimes and ensure efficient case build-ups, he added.
Basically these new rules empower prosecutors to do their jobs. If prosecutors were not leading the investigation of criminal cases then what were they doing? Allowing for the cops to do the investigation. Everyone knows the PNP are corrupt and do not follow proper protocols. I wrote a whole article about it.
Remulla blamed a culture of “arrests” within the PNP for what happened.
(Before, police would just keep arresting even without a case. If there is no case, they plant evidence. They can no longer do that. We will not allow that. That's why they're having problems.)
The Justice secretary said they are trying to address this culture by implementing new procedures under a new DOJ department circular which mandates prosecutors to take an active role in gathering evidence and building the case.
https://philippinefails.blogspot.com/2023/07/not-following-proper-procedure-is-pnp.html
Let's take a look at this new law.
RULE III
AUTHORITY TO CONDUCT PRELIMINARY INVESTIGATIONS AND INQUEST PROCEEDINGS
Section 6. Prosecutors and Officers Authorized to Conduct Preliminary Investigation and Inquest Proceedings. All prosecutors, including prosecution attorneys, mentioned under R.A. No. 10071, 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.
It is simply incredible that only now do prosecutors have jurisdiction over crimes and the ability to lead investigations. How would they know if the case before them is valid without doing any investigation into the matter?
Perhaps these new rules will bring change. Only time will tell.
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