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SC affirms DOJ rules on filing criminal cases
Business Mirror
|March 12, 2026
THE Supreme Court (SC) has unanimously affirmed the validity of a circular issued by the Department of Justice (DOJ) in 2024 which compels prosecutors to establish "reasonable certainty of conviction" instead of mere "probable cause" prior to the filing of criminal cases in courts.
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In a six-page en banc decision written by Associate Justice Japar B. Dimaampao, the Court reiterated that preliminary investigation is an executive, not a judicial function.
Thus, it held that Department Circular 15, series of 2024, or the 2024 DOJ National Prosecution Service Rules on Preliminary Investigation and Inquest Proceedings (DOJ Rules), is a valid exercise of the DOJ's authority over prosecutorial processes.
Under the DOJ Rules' 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.
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