A.M. No. 24-02-09-SC - Re: Draft Department of Justice-National Prosecution Service's Rules on Preliminary Investigations and Inquest Proceedings

The Court's Sub-Committee on the Revision of the Rules of Criminal Procedure received a draft DOJ Circular proposing Rules on Preliminary Investigation and Inquest Proceedings within the National Prosecution Service (DOJ-NPS Rules).
The Court’s existing rules on Preliminary Investigation (Rule 112) were also slated for revision under the Proposed Revised Rules on Criminal Procedure.
To ensure consistency between the DOJ’s rules and the Court’s procedures, the Sub-Committee solicited comments from the members of the En Banc.
On October 27, 2023, Chief Justice Gesmundo transmitted the comments to DOJ Undersecretary Raul T. Vasquez.
DOJ, through a letter dated January 22, 2024, indicated adoption of several suggestions in the final DOJ-NPS Rules version.
The Chief Justice, in a February 7, 2024 letter to the En Banc, emphasized the DOJ’s authority over preliminary investigations, stressing it as an executive and not judicial function, which would require repealing provisions of Rule 112 inconsistent with the DOJ-NPS Rules.

1940 Rules of Court defined preliminary investigation as a judge or officer’s inquiry or examination prior to arrest to determine probable cause.
The 1964 Rules maintained similar definitions, using “preliminary examination” instead.
In *People v. Montilla* (1998), the Court clarified evidentiary standards equating prima facie evidence with probable cause.
The 1985 Rules on Criminal Procedure reverted to using “preliminary investigation” and defined it aimed at determining if sufficient ground existed to hold for trial.
The 2000 Revised Rules of Criminal Procedure retained this definition.

Initially, both judiciary and executive shared authority to conduct preliminary investigations.
Judiciary’s authority came from Republic Act No. 296 (Judiciary Act of 1948), amended by RA No. 3828, and Batas Pambansa Blg. 129 (1981), permitting various judges and justices of the peace to carry out preliminary investigations within jurisdiction.
Executive authority derived from Republic Act No. 732 (Amendment to Revised Administrative Code), RA No. 5180 (Uniform System of Preliminary Investigation), and RA No. 10071 (Prosecution Service Act of 2010), granting fiscals and prosecutors powers to conduct preliminary investigations and determine probable cause for filing criminal complaints.
Over time, the judiciary’s role diminished, with the 2005 amendment removing Municipal Trial and Circuit Trial Court judges from the list of officers authorized to conduct preliminary investigations.

Under various versions of the Rules of Court (1940, 1964, 2000), preliminary investigation is mandated for offenses cognizable by certain courts.
The 2000 Rules required preliminary investigation for offenses punishable by at least four years, two months, and one day imprisonment.

The Court has ruled repeatedly that preliminary investigation is an executive function, not a judicial one, as early as *Salta v. Court of Appeals* (1986) and affirmed in *People v. Navarro* (1997).
The preliminary investigation serves to protect the accused and the State by filtering cases before formal trial.
Courts have established a policy of non-interference in prosecutorial conduct of preliminary investigations, unless there is grave abuse of discretion.
In *Chan y Lim v. Secretary of Justice* (2008), the Court held that findings of the Secretary of Justice on probable cause are generally conclusive unless proven arbitrary.

The Supreme Court formally recognizes the DOJ’s authority to promulgate the 2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings.
The Court repeals provisions of Rule 112 of the 2000 Revised Rules inconsistent with the DOJ-NPS Rules to facilitate DOJ’s implementation.
The repeal is without prejudice to the Court’s own authority over procedural rules, including plans to promulgate a revised Rule 112.
The DOJ-NPS Rules will be endorsed to the Sub-Committee on the Revision of the Rules of Criminal Procedure for guidance.

Whether the Supreme Court recognizes the authority of the Department of Justice to promulgate its own rules on preliminary investigation and inquest proceedings.
Whether the provisions of Rule 112 of the 2000 Revised Rules on Criminal Procedure inconsistent with the DOJ-NPS Rules should be repealed.
The delineation of authority between the judiciary and the executive branch concerning the conduct of preliminary investigations.
The implications of the DOJ’s promulgation of its own rules on the Supreme Court’s exclusive power to promulgate rules of procedure.