New rules on preliminary probe, inquest proceedings signed

President Ferdinand Marcos Jr. and Justice Secretary Jesus Crispin Remulla on Wednesday led the ceremonial signing of the new rules for preliminary investigations and inquest proceedings.

Remulla signed the Department of Justice-National Prosecution Service 2024 rules at the Kalayaan Hall in Macalañang while the President stood as witness. It marked Remulla's first public appearance since March.

“From here onwards, every case we handle, every decision we make, every reform we champion will impact the lives of every single Filipino and it will shape the future of our country,” Marcos said in his speech.

Meanwhile, Justice Undersecretary Raul Vasquez said the rules declared that preliminary investigations are purely an executive function.

Vasquez also reiterated that the standard of proof was raised from probable cause to prima facie evidence with reasonable certainty of conviction.

 "Thereby ensuring that only quality, trial-ready cases are filed in court and no frivolous or harassment suits can ever see their day in courts anymore,” he said.

Aside from this, Justice Undersecretary Jessie Andres said the rules will ensure that innocent individuals will not be charged.

“Para po sa mga ordinaryong mamamayan, sa bagong rules on preliminary investigation, sinisiguro po na hindi kayo makakasuhan or maiisyuhan ng warrant of arrest sa isang kaso na walang ebidensiya na hawak ang prosekusyon kasama ang law enforcement,” he said at a press briefing.

(For the public, the new rules on preliminary investigation ensures that you will not be charged or issued with an arrest warrant in a case where the prosecution and the law enforcement has no evidence.)

In March 2023, Remulla ordered prosecutors to recommend the withdrawal of pending criminal cases in first-level courts that have no probable cause with reasonable certainty of conviction.

Andres said around 7,000 cases were dismissed of the 30,000 cases that were filed in 2023.

“They were not elevated to the court trial because the prosecution did not have sufficient evidence. So, you can imagine 7,000 cases that supposedly should be filed in court were no longer part of the court dockets because the lack of evidence was apparent at that point in time,” he said.

According to the Justice Secretary, the rules will lead to a higher conviction rate.

“These rules will lead to a higher conviction rate, declog court dockets, and ensure a more streamlined justice process,” Remulla said.

Andres said that the department now has a 93% conviction rate.

“Even now, we already have statistics showing that the case buildup mechanism is very effective,” he said.

In May, Justice spokesperson Atty. Mico Clavano said Remulla was still recovering from his bypass operation, which took place in June 2023, but stressed that he was still active in the operations of the department.

“His health is good. Recovery is on the uptick after his doctors asked him to go on a strict diet in order to lose weight,” Clavano said in a message to reporters when asked for an update on the secretary’s health.

The DOJ said that also present in the signing were Executive Secretary Lucas Bersamin, Court Administrator Raul Villanueva, National Bureau of Investigation Director Jaime Santiago, Philippine National Police chief Police General Rommel Marbil, Prosecutor General Benedicto A. Malcontento, and others. — RSJ, GMA Integrated News