Metro Manila (CNN Philippines, April 4) — The Department of Justice released a circular ordering all prosecutors to take an active role in the investigation of crimes during the case build-up stage, where they may have to coordinate with complainants or law enforcement agencies.
“All prosecutors shall take an active role in the investigation of crimes covered by these guidelines, particularly during the case build-up stage where they may require, assist or otherwise cooperate with the complainant and/or law enforcement agencies (LEA),” the DOJ Department Circular No. 20 read. Under the current processes, state prosecutors are not generally involved in case build up but only rely on affidavits and evidence from involved parties in a case.“All heads of prosecution offices shall ensure that all prosecutors within their respective offices shall, as far as practicable, be available to assist, coordinate and cooperate with, and provide sufficient legal guidance to, law enforcement agencies in all planned operations,” the circular added. The latest guidelines cover the investigation of the following crimes: heinous crimes; violations of the Dangerous Drugs Act; violations of the Anti-Money Laundering Act; violations of the Anti-Terrorism Act of 2020; violations of the Terrorism Financing Prevention and Suppression Act of 2012; and all capital offenses punishable by reclusion perpetua or life imprisonment. But the DOJ noted that the latest circular will only have suppletory application (only to cover deficiencies) on cases related to Administrative Order No 35 or the inter-agency committee on political killings; Administrative Order No. 1 or the Presidential Task Force on Violence against Media Workers; and Executive Order No. 70 or the National Task Force to End Local Communist Armed Conflict. “In carrying out such role, prosecutors must ensure the existence of a prima facie case and a reasonable certainty of conviction based on available documents, witness/es, real evidence, and the like,” the circular added. Prosecutors shall also evaluate criminal complaints they receive “if they contain all the necessary evidence to prove the essential elements of the crime and should be docketed for preliminary investigation.” “If the complaint cannot still be supported by sufficient evidence….it shall be closed and terminated without prejudice to refiling, with due notice to the complainant or the referring LEA,” the DOJ said.
