Case Digest (A.M. No. 24-02-09-SC)
Facts:
Re: Draft Department of Justice-National Prosecution Service's Rules on Preliminary Investigations and Inquest Proceedings, A.M. No. 24-02-09-SC, May 28, 2024, Supreme Court En Banc, Zalameda, J., writing for the Court.
The Court's Sub-Committee on the Revision of the Rules of Criminal Procedure (the Sub-Committee) received from a DOJ member a copy of the draft Department of Justice (DOJ) Circular containing the proposed DOJ National Prosecution Service Rules on Preliminary Investigations and Inquest Proceedings (DOJ‑NPS Rules). Because Rule 112 (Preliminary Investigation) of the Revised Rules of Criminal Procedure (2000 Rules) was among provisions being revised, the Sub-Committee solicited comments from the members of the banc to ensure harmony between the DOJ draft and existing court procedures.
On October 27, 2023, Chief Justice Alexander G. Gesmundo transmitted the banc's comments to Undersecretary Raul T. Vasquez for the DOJ's consideration. By letter dated January 22, 2024, Usec. Vasquez returned the DOJ's final version, identifying the items adopted from the Court's comments and attaching the complete 2024 DOJ‑NPS Rules. Thereafter, on February 7, 2024, the Chief Justice wrote to the banc urging members to recognize the DOJ's authority to promulgate the DOJ‑NPS Rules, reiterating jurisprudence that preliminary investigation and inquest are prosecutorial (executive) functions and noting that such recognition would entail repeal of the affected provisions under Rule 112 of the 2000 Rules.
The resolution recounts the historical evolution of preliminary-investigation rules: the 1940 and 1964 Rules of Court, the 1985 Rules on Criminal Procedure, and the 2000 Rules—each defining preliminary investigation and enumerating who may conduct it. It summarizes the statutory bases for both judicial and prosecutorial conduct of preliminary investigations (including RA 296 as amended, BP Blg. 129, RA 732, RA 5180, and RA 10071) and notes a gradual shift from a shared judiciary-executive role to predominance of the prosecutorial function, especially following jurisprudence beginning with Salta v. Court of Appeals and later decisions such as People v. Navarro and Chan y Lim v. Secretary of Justice.
Recognizing the longstanding policy of judicial non-interference in the prosecutor's determination of probable cause (except for grave abuse of discretion), the Court resolved to acknowledge the DOJ's authority to promulgate the 2024 DOJ‑NPS Rules. To remove obstacles to DOJ implementation, the Court further resolved that, once the DOJ formally promulgates the 2024 DOJ‑NPS Rules, the provisions of Rule...(Subscriber-Only)
Issues:
- Does the Department of Justice have the authority to promulgate rules governing preliminary investigations and inquest proceedings within the National Prosecution Service?
- Should the Supreme Court declare inconsistent provisions of Rule 112 of the 2000 Revised Rules on Criminal Procedure repealed upon the DOJ's promulgation of the 2024 DOJ‑NPS Rules, and is such a declaration compatible with the ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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