Remulla broadens role of prosecutors in case build-up

08 May 2024

Justice Secretary Jesus Crispin Boying Remulla has given prosecutors a broader role in case build-up to maximize their functions in pursuit of justice.

This as Remulla issued Department Circular No. 007 series of 2024, amending DC 20 issued 31 March 2023 or the “Policy on Pro-Active Involvement of Prosecutors in Case Build-up” to empower prosecutors in case build-ups.

The new issuance directs all members of the National Prosecution Service (NPS) to include violations involving three more specific penal laws for proactive involvement of prosecutors in the investigation of crimes.

In addition to the six major areas of scope identified in DC 20, Republic Act No. 10863, otherwise known as the “Customs Modernization and Tariff Act” (CMTA), Republic Act No. 10845, otherwise known as the “Anti-Agricultural Smuggling Act of 2016 and the National Internal Revenue Code of 1987 (NIRC) are now included for active case build-up of prosecutors.

This move is expected to maximize the functions of the NPS which will ensure the existence of a prima facie case and a reasonable certainty of conviction based on available documents, witnesses, real evidence and the like so that efforts in the pursuit of justice will not go to waste.

“Empowering our prosecutors and boosting their morale in the course of their duties is a paramount responsibility of the DOJ to its staff and personnel, harnessing our firm commitment to the Filipino people that justice will always prevail whatever the odds are at all costs,” Sec. Remulla stressed.

Originally, DC 20 covers six major areas of scope: RA 9165 (The Dangerous Drugs Act), RA 9160 (Anti-Money Laundering Act of 2001), RA 11479 (Anti-Terrorism Act of 2020), RA 10168 (Terrorism Financing Prevention and Suppression Act of 2012) and all other capital offenses punishable by reclusion perpetua.

Prosecutors are required to ascertain the existence of prima facie case and reasonable certainty of conviction before a complaint is docketed for preliminary investigation.

If there is no sufficient evidence, prosecutors are required to advise law enforcers about the lack of evidence and direct them to submit the lacking evidence.

DC 007 takes effect 15 days after its publication in the Official Gazette.

More News Articles

We are ISO Certified