DOJ's Remulla issues circular on inhibition of prosecutors

Justice Secretary Jesus Crispin Remulla has issued a department circular that establishes the guidelines for the inhibition of prosecutors to ensure impartiality.

Under Department Circular No. 005 series of 2004, public prosecutors are prohibited from taking part in any proceeding where conflict of interest is present or their impartiality may be questioned, according to the Department of Justice (DOJ).

The DOJ said such instances include the following, among others:

• public prosecutor knows that the spouse, descendant, ascendant or relative within the fourth civil degree of consanguinity/affinity has interest in the subject matter of the controversy;
• public prosecutor is related by consanguinity or affinity with any litigant within the sixth civil degree or to counsel within the fourth civil degree;
• public prosecutor issued the Resolution or recommendation subject to review or appeal

Meanwhile, the DOJ said that public prosecutors may voluntarily inhibit but only for compelling and serious grounds.

The DOJ said that in both cases, the prosecutor shall submit a memorandum under oath that is addressed to the head of the concerned prosecution office.

The issuance covers all prosecutors in the Office of the Secretary of Justice Prosecution Service (OSJPS), Regional Prosecution Offices and Offices of the Provincial and City Prosecutors.

It also covers all proceedings including preliminary investigation, inquest and summary proceedings, prosecuting cases during trial, or taking part in the resolution of petitions for review.

“I assure the public, especially the parties to the case, that the wheels of justice continue to grind regardless of the prosecutor assigned to your case,” he said in a statement.

“As the prosecution arm of the government, prosecutors play a vital role in the criminal justice system, you are duty bound to deliver justice without fear or favor,” he added.

He also called on prosecutors to strictly observe ethical standards and professional conduct.

“I urge our prosecutors to discharge their duties vigorously and in an objective manner to maintain public trust and confidence in the legal system,” he said. — Joahna Lei Casilao/RSJ, GMA Integrated News