The 2024 Department of Justice- National Prosecution Service (DOJ-NPS)

Rules on Preliminary Investigations and Inquest Proceedings

The 2024 Department of Justice- National Prosecution Service (DOJ-NPS)

Rules on Preliminary Investigations and Inquest Proceedings shall govern the
conduct of preliminary investigations and inquest proceedings in all
prosecution offices in the National Prosecution Service of the Department of
Justice as enumerated in R.A. No. 10071 or the Prosecution Service Act of
2010, subject to the provisions of Department Circular No. 20 or the Policy
on Pro-Active Involvement of Prosecutors in Case Build-Up, where applicable.
Coverage

The conduct of preliminary investigation proceeding shall be required for

crimes or offenses where the penalty prescribed by law is at least six (6)
years and one (1) day without regard to fine.

This notwithstanding, the investigating prosecutor may motu proprio, at any

stage of the proceeding, dismiss the complaint if there is no prima facie
evidence with reasonable certainty of conviction, provided, the dismissal is
with prior approval of the head of the prosecution office.

Policies

The 2024 DOJ-NPS Rules on Preliminary Investigations and Inquest

Proceedings shall be consistent with the policy of the Department to file an
information in court only when prima facie evidence with reasonable
certainty of conviction is established. It institutionalizes the following
policies:

The executive and inquisitorial nature of the conduct of preliminary

investigations and inquest proceedings;

a. The pro-active role of prosecutors in the investigation of crimes; and

b. The adoption of procedures for e-filing, as well as the conduct of virtual

preliminary investigation hearing and e-inquest proceedings, as
alternatives.

Quantum of Evidence

The quantum of evidence for preliminary investigations and inquest

proceedings is prima facie evidence with reasonable certainty of conviction.
This quantum exists when a prima facie case is established by the evidence-
at-hand, including but not limited to testimonial evidence, documentary
evidence, and real evidence; and such evidence, on its own and if left
uncontroverted, shall be sufficient to establish all the elements of a crime or
offense charged, and consequently warrant a conviction beyond reasonable
doubt.

The quantum of evidence is met when the prosecutor is convinced that the
entirety of evidence presented by the parties is (a) admissible, (b) credible,
and (c) capable of being preserved and presented to establish all the
elements of the crime or offense, as well as the identity of the person or
persons responsible therefor. Reasonable certainty of conviction also includes
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a summary evaluation of the evidence presented by the respondents through
their counter-affidavit.

Prosecutors and Officers Authorized to Conduct Preliminary

Investigation and Inquest Proceedings

All prosecutors, including prosecution attorneys, and other officers as may

be allowed by law, are authorized to conduct preliminary investigations and
inquest proceedings.

State prosecutors or prosecutors assigned at the Office of the Secretary of

Justice Prosecution Staff shall have national jurisdiction over all crimes or
offenses involving national security, all criminal cases for which task forces
have been created, and all criminal cases in which the venues were
transferred to avoid a miscarriage of justice, or when so directed by the
Secretary of Justice as public interest may require.

The city, provincial, or regional prosecutors and their assistants shall have
jurisdiction over crimes or offenses, and violations of ordinances, cognizable
by the proper courts in their respective territorial jurisdictions.

Preliminary Investigation

Preliminary Investigation is a summary proceeding to determine whether a

person should be indicted in court after ascertaining based on the evidence
provided and after case build-up has been conducted, that there is prima
facie evidence with reasonable certainty for the respondent’s conviction and
that he/she should be held for trial.

Virtual preliminary investigation, as an alternative means, is the

conduct of preliminary investigation through videoconferencing using the
appropriate information and communications technology (ICT). This may be
availed of at the initial hearing where both parties are present and the ICT
therefor is available to both the prosecution office and the parties.

Inquest Proceedings

It is an informal and summary investigation conducted by a prosecutor, or

other officers allowed by law, in cases involving persons arrested and
detained without the benefit of a warrant of arrest issued by the court for the
purpose of determining whether said persons should remain under custody
and correspondingly be charged in court. E-inquest, as an alternative, is the
conduct of inquest through videoconferencing using the appropriate ICT.

Resolution and Information

A resolution is the ruling or disposition of the prosecutor on the preliminary

investigation and inquest proceedings which determines whether an
information should be filed in court or the complaint should be dismissed.

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 An information is an accusation in writing charging a person with a crime
or offense subscribed, certified by a prosecutor and filed with the proper
court. It shall be in the name of the “People of the Philippines” and against all
persons who appear to be responsible for the crime/offense.

The certification of the prosecutor in the information shall be under oath and
shall include the following:

That he/she has personally examined the complainant and his/her

witness/es;

a. That there is prima facie evidence with reasonable certainty of

conviction of the accused when the case is tried in court based on
available evidence and the presence of testimonial, real/object, and
documentary evidence on hand;

b. That the accused was informed of the complaint and of the evidence
submitted against him/her;

c. That the accused was given an opportunity to submit controverting

evidence, and;

d. That the filing of the information is with the prior authority of the
Prosecutor General, City, or Provincial Prosecutor.

If the information emanates from an inquest proceeding, the prosecutor, in

addition to the above-enumerated requirements, shall certify that the
accused has not opted to avail of his/her right to preliminary investigation
and has not executed a waiver pursuant to Article 125 of the Revised Penal
Code, as amended.

The resolution and information shall be approved by the Prosecutor General,

City/Provincial Prosecutor, or his/her duly authorized deputies. The parties
shall be furnished with copies of the resolution at their address on record.

The information filed in court shall be supported by the affidavits and

counter-affidavits of the parties and their witnesses, together with other
supporting evidence and the resolution on the case.

Disposition and Recommendations

If the prosecutor determines based on the evidence that there is no prima

facie evidence with a reasonable certainty that the respondent will be
convicted once tried in court, he/she shall dismiss the complaint, with the
authority or approval of the head of the prosecution office. The Prosecutor
shall cite all the legal grounds and bases for the dismissal of the complaint in
his/her resolution; provided that the dismissal shall be without prejudice and
may be refiled when new or additional pieces of evidence are produced upon
further case build-up, as the case may be.

When the investigating prosecutor recommends the dismissal of the

complaint but the recommendation is disapproved by the head of the
prosecution office on the ground that there exists a prima facie evidence
with a reasonable certainty of conviction, the latter may file the information

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against the respondent, or direct another prosecutor to do so without
conducting another preliminary investigation.

If the prosecutor determines that there is prima facie evidence with

reasonable certainty, he.she shall issue a resolution recommending the filing
of Information on court.

Period to Resolve Cases

All preliminary investigation complaints shall be resolved by the

investigating prosecutor within a period of sixty (60) calendar days from the
date of assignment with a maximum of thirty (30) day extension in the
following cases: (a) capital offenses; (b) complex issues; (c) counter-charges;
(d) consolidation of related complaints; and (e) reassignment. The
recommendatory resolution and information shall be transmitted to the head
of office for approval within five (5) calendar days from the date of
resolution.

The recommendatory resolution and information shall be acted upon by the

Prosecutor General, City/Provincial Prosecutor, or his/her duly authorized
deputies, within ten (10) calendar days from receipt of the resolution and
information. The resolution shall be promulgated within five (5) days from its
approval.

Inquest referrals shall be resolved within the day and transmitted to the
head of office for approval on the next working day.

Remedies

Motion for Reconsideration

The aggrieved party may file a motion for reconsideration for resolution
within fifteen (15) days from receipt.

The motion for reconsideration shall be assigned to the investigating

prosecutor or another prosecutor within three (3) days from the filing thereof.
It shall be resolved within thirty (30) days from the date of assignment.

Petition for Review

Resolutions of the Prosecutor General or the City, Provincial, or Regional

Prosecutor on preliminary investigation or motion for reconsideration may be
the subject of a petition for review or appeal. Provided that, the petition for
review shall be accompanied by a motion to suspend proceedings, as filed
with the court.

However, resolutions of the Prosecutor General or Regional Prosecutor on

appeal of the cases cognizable by first level courts shall be final and no
longer appealable to the Office of the Secretary of Justice.

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 The resolution of the Secretary of Justice on appeal in criminal cases
cognizable by the second level courts shall be final, executory, and non-
appealable.

Motion for Reconsideration on Petition for Review

The aggrieved party may file a verified motion for reconsideration of the
resolution within fifteen (15) days from receipt.

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