R

Republika ng Pilipinas
IQ\(,AWARAN NG KATARUNGAN
Department of Justice
Manila
8LAGONG PIUPlltAS

DEPARTMENT CIRCULAR NO. LII

TO : ALL CONCERNED

suBJEcr : THE 2024 DEPARTMENT OF JUSIICE – NATIONAL

PROSECUTION SERVICE (DOJ-NPS) RULES ON
PRELIMINARY iNVEsriGATioNS AND INQUESr
PROCEEDINGS

DATE .''.':_ 1 G 2f:24

Pursuant to the mandate and policy reforms of the Department and in furtherance
of its executive function to investigate the commission of crimes and prosecute
offenders with due regard to existing laws, rules and regulations, the following new
rules on preliminary investigation and inquest proceedings are hereby adopted:

RULE 1
mLE, SCOPE, COVERAGE, AND POLICIES

Section 1. Title. Tbese rules shall be referred to as the "2024 DOJ-NPS Rules on
Preliminary Investigations and Inquest Proceedings."

Section 2. Scope. are 2024 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 Republic Act. (R.A.) No. 100711, subject
to the provisions of Department Circular (D.C.) No. 202 dated 31 March 2023, where
applicable.

Section 3. Coverage. Ure conduct of a 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.

Ibis 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 co nviction, as defined in Section 5, Rule II hereof, provided,

1 Prosecution Service Act of 2010, April 8, 2010

2 Policy on Pro-Active Involvement of Prosecutors in Case Build-Up, March 31, 2023.
 Page 2 of 14

the dismissal is with prior approval of the head of the prosecution office3.
Section 4. Policies. Ure 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:
(a) The executive and inquisitorial nature of the conduct of preliminary
investigations and inquest proceedings;
(b) The pro-active role of prosecutors in the investigation of crimes; and
(C) The adoption of procedures for e-filing, as well as the conduct of virtual
preliminary investigation hearings and e-inquest proceedings, as alternatives.

RULE II
QUANTUM OF EVIDENCE

Section 5. Quantum of Evidence. mle quantum of evidence for preliminary

investigations and inquest proceedings is prima facie evidence with reasonable
certainty of conviction, Ibis 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.

mle 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
o#ense, as well as the identity of the person or persons responsible therefor.
Reasonable certainty of conviction also includes a summary evaluation of the
evidence presented by the respondents through their counter-affidavit.

RULE III
AUTHORITY TO coNDUcr PRELIMINARY INVESTIGATIONS AND
INQUEST PROCEEDINGS

Section 6. Prosecutors and Officers Authorized to Conduct Preliminary

Investigation and Inquest Proceedings. All prosecutors, including prosecution
attorneys, mentioned under R.A. No. 10071, 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

3 Head of the prosecution office refers to the Prosecutor General, Regional Prosecutor, Provincial Prosecutor,
or City Prosecutor.
 Page 3 of 14

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.

mle 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.

RULE IV
PRELIMINARY INVESTIGATION

Section 7. 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 (in cases where case build-up is necessary pursuant to Section 5 of D.C.
No. 20 dated 31 March 2023), 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). Ibis 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.

Section 8. Parties. Tbe parties to a preliminary investigation are the complainant

and the respondent.

nIe complainant\s the offended party (which may be a natural or juridical person),
a person authorized under existing laws or rules to file the complaint-affidavit on
behalf of the offended party, a law enforcement agency, or any other public entity
charged with the enforcement of the law violated.
nIe respondent-\s the party being charged with the commission of a crime or offense
or violation of an ordinance and against whom the complaint-affidavit is filed.

Section 9. Submissions. Tbe affidavits allowed to be filed or submitted during

the preliminary investigation are the following:

(a) A complaint-affidavit is a written statement charging a person with a crime,

offense, or violation of an ordinance, subscribed by the offended party, a person
authorized by Section 5, Rule 110 of the Rules of Criminal Procedure to file the
complaint on behalf of the offended party, a law enforcement officer, or any
other public officer charged with the enforcement of the law violated, and sworn
to before a prosecutor or any government official authorized to administer oath,
or in their absence or unavailability, before a notary public.
 Page 4 of 14

(b) A counter-affidavit is a written statement of the respondent, indicating his/her

defenses and subscribed and sworn to before a prosecutor or any government
official authorized to administer an oath, or in their absence or unavailability,
before a notary public.

(c) N reply-affidavit\s a written statement by the complainant which answers new

allegations in the counter-affidavit, subscribed and sworn to before a prosecutor
or any government official authorized to administer an oath, or in their absence
or unavailability, before a notary public.

(d) N rejoinder-affidavit'\s a written statement of the respondent in response to the

reply-affidavit, subscribed and sworn to before a prosecutor or any government
omcial authorized to administer an oath, or in their absence or unavailability,
before a notary public.

All affidavits as defined above shall include affidavits of witnesses and other
documentary evidence attached thereto.
A motion for suspension of proceedings by reason of a prejudicial question may be
allowed if all the conditions therefor under existing rules are present.
No motion for bill of particulars shall be filed in lieu of counter-affidavit.
No motion or request for extension of time shall be allowed except when the interest
of justice demands, such as when a party needs reasonable time or sufficient
opportunity to: (a) engage the services of counsel to assist him/her during the
preliminary investigation; or (b) examine or verify the existence, authenticity, or
accuracy of voluminous records, files, accounts, or other papers or documents
presented or submitted in support of a pleading; or (c) undertake studies or
research on novel, complicated, or technical issues or issues of law and of facts
attendant to the case under investigation. Any extension of time granted to submit
a responsive pleading on meritorious grounds shall not exceed ten (10) days.
No motion for inhibition shall be granted unless based on just, valid or compelling
reason/s pursuant to prevailing laws, rules, or policies, such as but not limited to
the following instances: (a) the prosecutor or his/her spouse or child is interested
as heir, legatee, creditor, or otherwise; or (b) the prosecutor is related to either
party within the 6th degree of consanguinity or affinity or to counsel within the 4th
degree of consanguinity or affinity; or (c) the prosecutor has been named executor,
administrator, guardian, trustee, or counsel of any of the parties. However, a
prosecutor may, in the exercise of his/her discretion, disqualify himself/herself for
other just or valid reasons; provided, the head of the prosecution office has
approved the same.

Affidavits of desistance may be allowed only if not prohibited under applicable laws,
rules, and existing policies.
 Page 5 of 14

Section 10. Procedures for Regular Preliminary Investigation. Ure following

procedures shall be observed in the conduct of preliminary investigation:

(a) The preliminary investigation is initiated by the filing of the original complaint-
affidavit with two (2) duplicate copies for official file and such number of copies
as there are respondents, with the prosecution office. Each complaint-affidavit
shall be accompanied by a duly-accomplished NPS Investigation Data Form
(IDF)

are complaint-affidavit shall state, among others, the names and addresses of
the parties, the date and place where the alleged crime or offense or violation
of the ordinance was committed, and a statement of the facts of how the crime
or o#ense or violation of the ordinance was committed. It shall be accompanied
by the affidavits of his/her witnesses, as well as other supporting evidence to
establish a prima facie evidence with reasonable certainty of conviction.

(b) Upon receipt of a complaint-affidavit and before the same is docketed, the head
of the prosecution office shall ensure sufficiency in form of the complaint-
affidavit and the completeness of evidence. For this purpose, he/she shall
require the complainant, the referring law enforcement agency, or any third
party to submit any lacking piece of evidence.
Once the head of the prosecution office determines that the complaint- affidavit
is sufficient in form and the evidence is complete, the same shall be docketed.

(c) When the respondent is a child in conflict with the law (CICL), the preliminary
investigation shall be conducted pursuant to R.A. No. 9344,4 as amended by
R.A. No. 10630,5 other applicable laws, issuances, and existing policies on the
matter

(d) Within five (5) calendar days from receipt of the entire records by the
investigating prosecutor, he/she shall either recommend the dismissal of the
complaint-affidavit to the head of the prosecution office if he/she finds no
ground to continue with the investigation, or issue the corresponding subpoena
to the parties to appear before him/her for the preliminary investigation hearing .
Tbe subpoena shall set the date, time, and place of appearance for the
preliminary investigation hearing, which shall not exceed thirty (30) days from
the investigating prosecutor’s receipt of the entire case records. are subpoena
to the respondent shall include the complaint-affidavit and its attachments and
shall direct the respondent to submit his/her counter-affidavit and/or affidavit
of his/her witnesses on the date set for the purpose, which must be at least ten

4 Juvenile Justice and Welfare Act of 2006

5 An Act Strengthening the Juvenile Justice System in the Philippines.
 Page 6 of 14

(10) days from receipt of the subpoena and the complaint-affidavit.

For voluminous records, the prosecutor shall set a separate date for the
respondent to pick up the entire case records, which must not be less than ten
(10) days prior to the scheduled preliminary investigation hearing. When there
are pieces of object evidence, the respondent shall be given the opportunity to
examine the same and to take photographs at his/her expense.

(e) During the preliminary investigation hearing, the respondent shall file his/her
counter-affidavit which he/she shall subscribe and swear to before the
investigating prosecutor or any government official authorized to administer an
oath, or in their absence, a notary public.

Tbe respondent or his/her authorized representative shall file the original copy
of his/her counter-affidavit and two (2) duplicate copies for official file with the
prosecution office, and furnish a copy to the complainant or each complainant.

are personal appearance of a respondent during preliminary investigation may

be dispensed with provided that his/her counter-affidavit was subscribed and
sworn to before any prosecutor, or any government official authorized to
administer an oath, or in their absence, a notary public.

A motion to dismiss in lieu of a counter-affidavit shall not be allowed except

when it is verified by the respondent and contains his/her defenses, in which
case it shall be treated as a counter-affidavit. If the respondent does not appear,
the investigating prosecutor shall require proof from the complainant that the
respondent’s address in the complaint-affidavit, or in the NPS IDF, is the
respondent’s last known address. If despite receipt of a subpoena at his/her last
known address, the respondent fails to appear or file his/her counter-affidavit
without any justifiable reason, the investigating prosecutor may consider the
case submitted for resolution.

(D Tbe investigating prosecutor, after receiving the counter-affidavit and after

ensuring that the complainant has been furnished a copy thereof, may either
consider the case submitted for resolution, or when there are facts and issues
to be clarified from a party or a witness, set the case for a physical or virtual
clarificatory hearing, within ten (10) calendar days from said receipt. Attendance
of both complainant and the respondent shall be mandatory.

(g) During the darificatory hearing, the investigating prosecutor may perform any
or all of the following: (1) ask clarificatory questions; (2) have the case
submitted for resolution; or (3) require the filing of a reply-affidavit and/or a
rejoinder-affidavit .

TIle prosecutor may require the filing of a reply-affidavit if the counter- affidavit
 Page 7 of 14

contains new issues of fact or questions of law which are material and
substantial in nature. In such instances, the respondent shall have the
opportunity to file his/her rejoinder-affidavit.

(h) Ure complainant shall file the original copy of his/her reply-affidavit and two (2)
duplicate copies for official file with the prosecution office, and furnish a copy
to the respondent or each of the respondents. are respondent may file a
rejoinder-affidavit in the same manner as the filing of the counter- affidavit.

In no instance shall the filing of the reply-affidavit and rejoinder-affidavit be

more than ten (10) calendar days from receipt of the pleading being responded
10

Ure rejoinder-affidavit shall be the last pleading allowed.

(i) At any time during the preliminary investigation but before the case is submitted
for resolution, the prosecutor may, upon motion or motu proprio, issue
subpoena duces tecum or ad testificandum \a require either of the parties or
any of the witnesses, including third parties (private individuals or offices and
government officers and offices), to produce books, records, documents or
evidence, or execute sworn statements that are material to the investigation.

Prosecutors may initiate criminal complaints under Article 151 (Resistance and
Disobedience to a Person in Authority or the Agents of Such Person) oR the
Revised Penal Code, as amended, and Presidential Decree No. 1829
(Obstruction of Justice), and the corresponding administrative complaints where
appropriate, for any willful or unexplained failure of any person to comply with
said subpoena.

No motion to reopen preliminary investigation shall be entertained unless

justified by the circumstances, such as when there are newly-discovered pieces
of evidence that have substantial value to the investigation. The preliminary
investigation may also be re-opened, through a motion, when the complainant
or respondent failed to participate in the proceedings due to the non-receipt or
belated receipt of the subpoena.
Section 11. Procedures for Virtual Preliminary Investigation. Tbe following
procedures shall be observed in the conduct of virtual preliminary investigation:
(a) The procedures under Section 10(a) to (e) shall apply. If the investigating
prosecutor finds that the conduct of a virtual preliminary investigation will be
beneficial to the fair, speedy, and efficient administration of justice, and the
conditions set forth in Section 7 are present, the investigating prosecutor may
set the continuation of the proceedings through videoconferencing.
(b) Before the initial regular/face-to-face preliminary investigation hearing is
 Page 8 of 14

terminated, the investigating prosecutor shall issue an order stating that the
parties opted to continue the proceedings through videoconferencing. Such
order shall likewise contain the following details:
(1) the official e-mail addresses and contact details of the prosecution office,
the prosecutor, the parties, their witnesses, and counsels;
(2) the date and time of the clarificatory hearing or the e-filing and e-service
of pleadings, whichever is applicable;
(3) the date and time of the submission of the hard copies of documents to the
prosecution office, which shall not be more than three (3) calendar days
prior to the videoconference hearing;
(4) the date and time of the videoconference hearing;
(5) the access details (link and passcode) of the videoconference platform (e.g.,
Zoom), and;
(6) such other matters as may be necessary to define the parameters of the
videoconference hearing.

ale parties shall sign the order as proof of their conformity thereto.
are investigating prosecutor shall ensure that the schedule for the clarificatory
hearing or the e-filings, as the case may be, complies with the period prescribed
under Section 10(f) and (h).
If the respondent fails to submit his/her counter-affidavit during the initial
hearing and extension is granted on meritorious grounds, the e-filing of same
may be allowed provided that the same shall not exceed ten (10) days.
(C) The filing of counter-affidavit (in case an extension is allowed), or when deemed
necessary, of reply-affidavit or rejoinder-affidavit, shall be made electronically
via email. Prior to said electronic filing or service, the submitting party shall have
his/her affidavit and/or the affidavit of his/her witnesses subscribed and sworn
to before any prosecutor, or government official authorized to administer oath,
or in their absence or unavailability, before a notary public, and has jurisdiction
over the residence of the affiant. Tbereafter, the electronic copy in Portable
Document Format (PDF) of the subscribed and sworn affidavits shall be
transmitted through email to the official e-mail addresses contained in the order,
on or before the schedule set for the purpose.
(d) Ure PDF copy of the counter-, reply-, or rejoinder-affidavit shall be separate
from the PDF copies of each of the accompanying documents. Ure filename of
each document shall pertain to their respective title or description. All PDF
copies of documents must be completely legible.

(e) Documents that are e-filed and e-served beyond office hours are deemed filed
and served on the same day.
(D nIe hard copy of the original affidavit and two (2) duplicates shall be submitted
to the prosecution office either personally or by an accredited courier on or
before the schedule set in the order. Tbe party submitting the hard copy shall
 Page 9 of 14

likewise file a verified declaration that the electronically-filed affidavit and

accompanying documents, if any, are complete and true copies of the hard
copies filed with the prosecution office.
(g) During the videoconference hearing, the investigating prosecutor shall require
the affiants to reaffirm their oath in their affidavits. Ure investigating prosecutor
shall personally examine the affiants and may ask questions that can aid in the
investigation and the resolution of the case.
(h) All videoconference hearings shall be recorded.
(i) Failure to timely file the affidavits via email and to submit the hard copies
thereof with the required verified declaration shall be deemed a waiver of the
party’s right to do so. Electronic copies of affidavits or of any accompanying
document not in PDF, or in PDF but not legible, or are protected by a password
or other encryption, or with embedded executable code or scripts, or are
otherwise corrupted, shall not be considered as having been filed and therefore
excluded from the records of the case.

RULE V
INQUEST PROCEEDINGS

Section 12. Inquest. 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.

Section 13. Procedures for Inquest Proceedings. nIe following procedures

shall be observed in the conduct of inquest:

(a) are inquest proceeding is initiated by the filing of the original of the referral
letter including two (2) duplicate copies for official file and such number of
copies as there are respondents, prepared by the law enforcement agency (LEA)
or by a private citizen who arrested a person without a warrant of arrest to the
docket section of the prosecution office, within the applicable period under
Article 125 of the Revised Penal Code, as amended : twelve (12) hours for crimes
or offenses punishable by light penalties or their equivalent, eighteen (18) hours
for crimes or offenses punishable by correctional penalties or their equivalent,
or thirty-six (36) hours for crimes or offenses punishable by afflictive or capital
penalties or their equivalent. When the person under custody is a CICL, the
inquest proceeding shall be conducted pursuant to R.A. No. 9344, as amended
by R.A. No. 10630, other applicable laws, issuances, and existing policies on the
matter. Ure referral letter shall include all the required evidence (affidavit of
arrest, investigation report, complaint-affidavit or judicial affidavit, among
others)
 Page 10 of 14

(b) mle docket section shall then immediately forward the referral to the head of
the prosecution office or his/her designated prosecutor who shall provisionally
determine the validity of the warrantless arrest for purposes of ascertaining
whether the person detained should remain in custody and be charged with the
crime for which he/she was arrested without a warrant.
Should the warrantless arrest be valid, the referral shall be evaluated for
completeness of the required evidence that will establish the elements of the
crime/offense and the availability of testimonial, real/object, and documentary
evidence. Only referrals determined to be complete shall be docketed and
assigned to an inquest prosecutor.
If incomplete, the referring LEA or the arresting private citizen shall be required
to submit the lacking evidence within the applicable period under Article 125 of
the Revised Penal Code, as amended. Once completed, the case shall be
docketed for inquest.
Should the LEA or the private citizen concerned fail to submit the required
evidence within the applicable period under Article 125 of the Revised Penal
Code, as amended, the arrested person shall be ordered released and the
records returned to the referring LEA or in case of citizen’s arrest, be referred
to the nearest LEA that exercises jurisdiction over the place where the crime or
offense or violation of ordinance was committed for the possible refiling of the
complaint.
Should the prosecution office determine that the warrantless arrest was invalid,
the arrested person shall be ordered released.

(c) During the inquest proceeding, the prosecutor shall ensure that the respondent
is represented by counsel and that the said counsel has received the referral
and its attachments. Ure inquest prosecutor shall explain to the arrested person
the nature of the proceedings, the charges against him/her, and his option to
avail his/her right to a preliminary investigation. Tbereafter, the inquest
prosecutor shall administer the oath for all the affiants, and whenever
necessary, conduct a clarificatory questioning to clarify factual issues.

(d) if the respondent opts for the conduct of a preliminary investigation, he/she
shall be required to sign a waiver of the provisions of Article 125 of the Revised
Penal Code, as amended, in the presence of counsel. Notwithstanding the said
waiver, the respondent may apply for bail and the investigation must be
terminated within fifteen (15) calendar days from its inception.

(e) nIe inquest prosecutor shall immediately resolve the case, discussing the
following matters: (1) provisional determination regarding the validity of the
warrantless arrest, and (2) the existence of prima facie evidence with
reasonable certainty of conviction. TIle prosecutor shall prepare the information,
when applicable.
 Page 11 of 14

Section 14. Procedures for E-inquest. ale following procedures shall be

observed in the conduct of e-inquest:

(a) The inquest prosecutor, on his/her own initiative or upon request of the
referring LEA or concerned private citizen, may opt for the conduct of e-inquest,
provided that both the prosecution office and the parties have access to ICT. E-
inquest is conducted following the same procedure under Section 13, except
that the referral letter and all the required documentary evidence, in PDF form,
are e-filed to the official email address of the prosecution office, and the
proceedings are conducted through videoconferencing via any platform,
whichever is practicable (e.g., Zoom platform, Microsoft Teams, Google Meet,
among others).

(b) Tbe referring LEA or the arresting private citizen and the counsel of the
respondent shall be provided with the details of the videoconferencing (i.e.,
date, time, access link, username, and passcode) which shall be recorded.
During the videoconference, the inquest prosecutor shall: (1) ensure the
attendance of the parties and verify their identities; (2) record all relevant
events and narrations in the minutes; (3) administer the oath or affirmation,
and; (4) clarify factual issues, if any.

(c) if the respondent avails of his/her right to a preliminary investigation, the

inquest prosecutor shall direct the referring LEA, the arresting private citizen,
or the counsel for the respondent to facilitate the execution of the waiver of
Article 125 of the Revised Penal Code, as amended. Tbe waiver signed by the
respondent and his/her counsel shall be transmitted to the inquest prosecutor
via email.

(d) are hard copy of the original and two (2) duplicate copies of the referral letter
and all the required documents and such number of copies as there are
respondents as well as the original of the waiver, if applicable, shall be
submitted to the prosecution office within the same reglementary period
mentioned in Section 13(a).

RULE VI
DISPOSITION OF CASES

Section 15. 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.

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
 Page 12 of 14

the name of the "People of the Philippines" and against all persons who appear to
be responsible for the crime/offense.

nIe certification of the prosecutor in the information shall be under oath and shall
include the following :
(a) that he/she has personally examined the complainant and his/her witness/es;
(b) that there is prima facie evidence with reasonable certainty of conviction of the
accused when the case is tried in court based on the available evidence and the
presence of testimonial, real /object, and documentary evidence on hand;
(c) that the accused was informed of the complaint and of the evidence submitted
against him/her;
(d) that the accused was given an opportunity to submit controverting evidence,
and I
(e) 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 a preliminary investigation and has not executed a waiver
pursuant to Article 125 of the Revised Penal Code, as amended.

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

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

nIe information filed in court shall be supported by the affidavits and counter-
affidavits of the parties and their witnesses, together with the other supporting
evidence and the resolution on the case.

Section 16. 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. nIe 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 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
 Page 13 of 14

certainty, he/she shall issue a resolution recommending the filing of Information in

court. He/she shall henceforth prepare an information.

Section 17. 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) with
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 the resolution.

Tbe 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. nIe
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.

RULE VII
REMEDIES

Section 18. Motion for Reconsideration. nIe aggrieved party may file a motion
for reconsideration of the resolution within fifteen (15) days from receipt.

TIle 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.

Section :19. 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 pursuant to
D.C. No. 27, series of 2022. 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.

nIe resolution of the Secretary of Justice on appeal in criminal cases cognizable by

the second level courts shall be final, executory, and non-appealable, provided that
cases covered by Section 186 of Administrative Order No. 22, series of 2011, and

6 “Appeals from decisions/resolutions/orders of the Department of Justice shall continue to be limited to those
involving offenses punishable by reclusion perpetua to death in accordance with MC No. 58 (s. 1993).”
 Page 14 of 14

Memorandum Circular No. 58,7 series of 1993, may still be elevated on appeal before
the Office of the President.

Section 20. Motion for Reconsideration on Petition for Review. Tbe

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

RULE VIII
EFFECTIVIW, REPEALING CIAUSE, and CONSTRUCTION

Section 22. EfFectivity. lbese rules shall take effect after fifteen (15) days from
publication in the Official Gazette or two (2) newspapers of general circulation and
shall remain in full force until further orders.

Section 23. Repealing Clause. Tbese rules shall repeal all inconsistent rules and
orders previously issued by the Department.

Section 24. Construction. Ttlese rules shall be construed in harmony with other
rules and orders of this Department in so far as they are applicable and consistent
herewith.

nIe Rules of Court shall apply in suppletory character lever w6cticable

JESJ ;PIN C. REMULLA

!cretary K//

Department of Justice
CN: 0202407062

I\IIIIIIHIllIIIIIIIIIllbIllII

7 “No appeal from or petition for review of decisions/orders/resolutions of the Secretary of Justice on preliminary
investigations of criminal cases shall be entertained by the Office of the President, except those involving
offenses punishable by reclusion perpetua to death wherein new and material issues are raised which were not
previously presented before the Department of Justice and were not ruled upon in the subject
decision/order/resolution, in which case the President may order the Secretary of Justice to reopen/review the
case, provided, that, the prescription of the offense is not due to lapse within six (6) months from notice of the
questioned resolution/order/decision, and prvvided further, that, the appeal or petition for review is filed within
thirty (30) days from such notice.”