11/03/2026
The (SC) ๐๐ฏ ๐๐ข๐ฏ๐ค has upheld the validity of a Department of Justice (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.
In a Decision written by written by Associate Justice Japar B. Dimaampao, the SC ๐๐ฏ ๐๐ข๐ฏ๐ค ruled that Department Circular No. 15, series of 2024 containing the 2024 ๐๐๐-๐๐ข๐ต๐ช๐ฐ๐ฏ๐ข๐ญ ๐๐ณ๐ฐ๐ด๐ฆ๐ค๐ถ๐ต๐ช๐ฐ๐ฏ ๐๐ฆ๐ณ๐ท๐ช๐ค๐ฆ ๐๐ถ๐ญ๐ฆ๐ด ๐ฐ๐ฏ ๐๐ณ๐ฆ๐ญ๐ช๐ฎ๐ช๐ฏ๐ข๐ณ๐บ ๐๐ฏ๐ท๐ฆ๐ด๐ต๐ช๐จ๐ข๐ต๐ช๐ฐ๐ฏ ๐ข๐ฏ๐ฅ ๐๐ฏ๐ฒ๐ถ๐ฆ๐ด๐ต ๐๐ณ๐ฐ๐ค๐ฆ๐ฆ๐ฅ๐ช๐ฏ๐จ๐ด (๐๐๐ ๐๐ถ๐ญ๐ฆ๐ด), is a valid exercise of the DOJโs authority over prosecutorial processes.
Under the DOJ Rulesโ new standard of proof in preliminary investigations and inquest, prosecutors must ensure that the evidence to charge a person with a crime must sufficiently establish all the elements and consequently warrant a conviction.
Atty. Hazel L. Meking questioned the DOJ Rules before the SC, claiming that the DOJ encroached on the SCโs constitutional authority to promulgate rules of pleading, practice, and procedure in all courts. She argued that the DOJ Rules effectively revised Rule 112, Section 3(a) of the ๐๐ถ๐ญ๐ฆ๐ด ๐ฐ๐ง ๐๐ณ๐ช๐ฎ๐ช๐ฏ๐ข๐ญ ๐๐ณ๐ฐ๐ค๐ฆ๐ฅ๐ถ๐ณ๐ฆ, which provides that the quantum of evidence in preliminary investigations is probable cause.
The SC dismissed her petition and reiterated its ruling in ๐.๐. ๐๐ฐ. 24-02-09-๐๐, which recognized the DOJโs authority to promulgate its own rules on preliminary investigations and inquest proceedings.
The SC held that the DOJ Rules govern only the conduct of preliminary investigations and inquests by prosecutors, which are executive functions. These Rules, however, do not extend to judicial proceedings as the power to promulgate rules of procedure over them remains under the authority of the Supreme Court.
The SC noted it had already recognized preliminary investigation as the exclusive domain of prosecutors when it revised the Rules of Criminal Procedure in 2005.
In 2024, through ๐.๐. ๐๐ฐ. 24-02-09-๐๐, the SC also ordered the repeal of provisions in Rule 112 which are inconsistent with the DOJ Rules to harmonize them.
The SCโs constitutional rule-making authority over judicial proceedings remains supreme, as well as its power to correct grave abuse of discretion in any prosecutorial rule or action that violates constitutional rights.
Read the full text of the press release at https://sc.judiciary.gov.ph/?p=161871
Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=161853
Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=161858
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