SC recognizes DOJ rules on preliminary probe

MANILA, Philippines — The Supreme Court is recognizing the authority of the Department of Justice (DOJ) to promulgate its own rules on preliminary investigation.

It also ruled to repeal some provisions of Rule 112 of the Revised Rules on Criminal Procedure once the 2024 Department of Justice-National Prosecution Service Rules on Preliminary Investigations and Inquest Proceedings (2024 DOJ-NPS Rules) are promulgated.

The SC’s public information office (PIO) said the ruling that recognizes the authority of the DOJ to promulgate its own rules on preliminary investigation was issued by the high court en banc or as a whole.

Under the Constitution, the SC “has the exclusive power to promulgate rules on pleading, practice and procedure in all courts.”

The PIO noted, however, that preliminary investigation is “part of the prosecution’s duty and, thus, a function of the executive, not the judiciary.”

“Given the DOJ’s prerogative to direct and control the conduct of preliminary investigations, the court will not interfere as long as there is no grave abuse of discretion,” the PIO said.

?“To remove obstacles in the DOJ’s implementation of the 2024 DOJ-NPS Rules, the court ruled that a repeal of inconsistent provisions in Rule 112 is warranted.

This is without prejudice to the Court’s promulgation of a new rule on preliminary investigation consistent with the 2024 DOJ-NPS Rules,” it added