DOJ, IBP sign agreement on new rules for prelim probe

The Department of Justice (DOJ) and the Integrated Bar of the Philippines (IBP) on Wednesday signed a memorandum of agreement (MOA) regarding the new rules for preliminary investigation.

Justice Secretary Jesus Crispin Remulla, Justice Undersecretary Raul Vasquez, Justice Undersecretary Nicky Ty, and IBP National President Antonio Pido signed the MOA for the DOJ-National Prosecution Service 2024 rules.

The rules, signed by Remulla in July, declared that the preliminary investigation is purely an executive function. It also raised the standard of proof in the filing of cases from probable cause to prima facie evidence with reasonable certainty of conviction.

https://www.gmanetwork.com/news/topstories/nation/912877/new-rules-on-preliminary-probe-inquest-proceedings-signed/story/

“Unfortunately, not all the lawyers in the country are fully aware of these rules,” Remulla said in his speech.

“With the help of the IBP, however, the widespread dissemination and rollout will be faster and more efficient, ensuring that the whole of our legal profession will be up to date in the latest rules and procedures,” he added.

Pido, for his part, said the agreement will help volunteer lawyers of the IBP — a group that provides free legal aid to qualified indigents — understand the new rules. 

“Napakahalaga pong malaman ito ng mga volunteer lawyers dahil bagong sistema na po ito. Mahirap pong maghahawak ng kaso ang mga volunteer lawyers tapos madi-dismiss lamang,” he said.

(It is very important for volunteer lawyers to know about this new system. It will be difficult if volunteer lawyers will handle cases that would only be dismissed.)

However, though the standard of proof has been raised, Remulla said prosecutors are also directed not to immediately dismiss cases.

“Do not dismiss cases just like that. Kinakailangan, you make the policemen, the investigating law enforcement agents, come up with the evidence necessary para mapatibay mo yung kaso,” he said.

(Do not dismiss cases just like that. It is necessary to have the investigating law enforcement agents, including the police, gather the required evidence to solidify the case.)

“Kasi kapag nag-file ka ng kaso, hinog na hinod naman, oo nga, na-file ‘yung kaso pero pinapaasa mo ‘yung tao na mako-convict. Hindi naman mako-convict dahil hindi naman kumpleto ebidensya,” he added.

(Because if you file a case and it’s weak, yes, you filed it, you are just making a person hope that the accused will be convicted. But they won’t be because the evidence is not complete.) —KBK, GMA Integrated News