Question & AnswerQ&A (DOJ DEPARTMENT ORDER NO. 26)
The main purpose of DOJ Department Order No. 26 is to provide guidelines on the investigation and prosecution of offenses defined and penalized under Article 201 of the Revised Penal Code, as amended by P.D. No. 969, specifically regarding immoral doctrines, obscene publications and exhibitions, and indecent shows.
Article 201 covers offenses pertaining to immoral doctrines, obscene publications and exhibitions, and indecent shows.
Under this Department Order, when the MTRCB files a criminal complaint pursuant to Section 3(i) of P.D. No. 1986, it must immediately furnish the investigating prosecutor with copies of pertinent records, documents, or evidence along with a sworn complaint of the official responsible, stating the cause of action.
The investigating or inquest prosecutor shall determine probable cause based on sworn complaints of witnesses, who may be law enforcement authorities, including photographs or reproductions of the alleged obscene shows or exhibitions; although photographs are not indispensable if other evidence sufficiently establishes probable cause.
No, the presentation of photographs or reproductions is not indispensable if other evidence can establish probable cause for filing the appropriate information in court.
It is suppletory to Department Circular No. 5, s. 1989 (which prescribes a uniform procedure for the disposition of inquest cases) and Rule 112 of the 1985 Rules on Criminal Procedure, as amended.
Relevant evidence includes sworn complaints of witnesses, photographs or reproductions of the alleged obscene shows or exhibitions, and any other evidence that can establish probable cause.
It was adopted on August 5, 1991.
Silvestre H. Bello III signed and acted as the Secretary legitimizing this Department Order.