DOJ: Prosecutors to take 'active role' in case build-up in certain crimes
MANILA, Philippines — State prosecutors will now take an “active role” during case build-up stage of certain crimes.
The Department of Justice issued Department Circular 020, dated March 31 and effective immediately, that institutionalizes the policy on “pro-active involvement of prosecutors in case-build-up.”
This means that all fiscals under the National Prosecution Service “shall take an active role in the investigation of crimes… particularly during the case build-up stage where they may require, assist or otherwise cooperate with the complainants and/or law enforcement agencies.”
The guidelines cover the following crimes under investigation:
- Heinous crimes such as treason, piracy, qualified bribery, parricide, murder, infanticide, kidnapping and serious illegal detention, destructive arson, rape, plunder and carnapping
- Violations of the Dangerous Drugs Act
- Violations of the Anti-Money Laundering Act of 2001
- Violations of the Anti-Terrorism Act of 2020
- Violations of Terrorism Financing Prevention and Suppression Act of 2012
- All other capital offense punishable by reclusion perpetua (up to 40 years of imprisonment) or life imprisonment
The guidelines also have suppletory application (to supply deficiencies) on cases under Administrative Order 35 or investigation into political killings, AO 1 or the Presidential Task Force on Violence against Media Workers and Executive Order 70 creating the National Task Force to End Local Communist Armed Conflict.
“In carrying out such a role, prosecutors must ensure the existence of a prima facie [on its own] case and a reasonable certainty of conviction based on available documents,” the circular read.
Heads of prosecution offices shall ensure that fiscals are ready to assist law enforcement agencies in planned operations such as buy bust, controlled delivery operation, entrapment, application for search warrant from the start until termination of the case, the DOJ said.
Prosecutors shall also determine whether a criminal complaint filed by private individuals and formal referrals for investigation for law enforcement agencies whether these contain “all the necessary evidence to prove the essential elements of the crime and should be docketed for preliminary investigation.”
The assisting prosecutor shall then certify if there is sufficient ground for preliminary investigation — a procedure where respondents will be given an opportunity to file their counter-affidavits.
In cases where evaluation showed that the complaint is not backed by sufficient evidence, it will be referred back to the complainant or law enforcers, along with an advice on the lacking evidence.
For inquest cases — where warrantless arrests are determined whether they are valid or not — “prosecution offices must ensure that all important pieces of evidence are submitted by the LEA to make sure that no suspect who is lawfully arrested without warrant shall be released for further investigation,” the DOJ said.
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