3/11/26, 10:45 AM

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The Supreme Court (SC) has upheld a Department of Justice (DOJ) circular that raised the standard of proof used by prosecutors in preliminary investigations and inquest proceedings.

In a Decision written by Associate Justice Japar B. Dimaampao, the SC En Banc ruled that Department Circular No. 15, series of 2024—also known as the 2024 DOJ–National Prosecution Service Rules on Preliminary Investigation and Inquest Proceedings—is a valid exercise of the DOJ’s authority over prosecutorial processes.

Under the new rule, prosecutors must determine whether the evidence against a suspect is strong enough to establish all the elements of the crime and reasonably lead to a conviction before filing charges in court. This raises the standard of proof from probable cause to prima facie evidence with reasonable certainty of conviction.

Lawyer Hazel L. Meking challenged the DOJ circular before the SC. She argued that the DOJ had encroached on the Court’s constitutional power to issue rules on pleading, practice, and procedure in courts. She claimed that the DOJ rule effectively amended Rule 112 of the Rules of Criminal Procedure, which states that probable cause is the standard used in preliminary investigations.

The SC dismissed her petition.

The Court reiterated its earlier ruling in A.M. No. 24-02-09-SC recognizing the DOJ’s authority to issue its own rules on preliminary investigations and inquest proceedings.

According to the SC, the power to issue procedural rules for courts belongs exclusively to the judiciary. However, preliminary investigation is not a judicial function but an executive one, performed by prosecutors as part of their duty to determine whether criminal charges should be filed.

The Court noted that it had already recognized preliminary investigation as part of the prosecutors’ authority when it revised the Rules of Criminal Procedure in 2005.

In 2024, through A.M. No. 24-02-09-SC, the SC also ordered the repeal of provisions in Rule 112 that conflict with the DOJ rules to harmonize them.

However, the SC clarified that the DOJ rules apply only to preliminary investigations and inquests conducted by prosecutors and do not govern court procedures. The Court’s constitutional power to issue rules for judicial proceedings remains supreme. It also retains the authority to correct any grave abuse of discretion in prosecutorial actions that violate constitutional rights.

In a concurring opinion, Senior Associate Justice Marvic M.V.F. Leonen said the power to prosecute crimes is part of the President’s constitutional duty to ensure that laws are faithfully executed. As part of the executive branch, the DOJ therefore has the authority to issue rules governing preliminary investigations and inquest proceedings.