DOJ will lead efforts to improve conduct of preliminary probe
FILE PHOTO: DOJ logo. INQUIRER FILES
MANILA, Philippines — The Department of Justice (DOJ) will be leading efforts in amending the conduct of a preliminary investigation under the Rules on Criminal Procedure, Justice Secretary Jesus Crispin Remulla said Friday.
In doing so, the agency hopes to enhance the efficiency with which investigations are conducted and, more specifically, the construction of cases, with the ultimate goal of increasing the country’s conviction rate.
“The DOJ is in constant dialogue with the Supreme Court to amend the Rules of Court. Specifically, we have reached an agreement whereby the DOJ will lead the efforts to amend Rule 112 on Preliminary Investigation,” Remulla said in his speech during the 70th founding anniversary of the Criminal Investigation and Detection Group (CIDG).
Under the rules, a preliminary investigation is defined as “an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial.”
Here, within 10 days after filing the complaint, the prosecutor will either dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching a copy of the complaint and its supporting affidavits and documents.
Remulla wants the prosecutors and the police to work hand-in-hand in case build-up.
“Preliminary investigation will start and end in the DOJ… In this setup, prosecutors in the DOJ will assist and encourage the police force in their fight against criminality on the streets,” he said.
Remulla discussed amending Rule 112 of the Rules on Criminal Procedure with Senator Edward J. Markey.
The DOJ chief said that the amendment’s objective is to improve case build-up and gather evidence to increase or strengthen the country’s conviction rate.
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