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The (SC) 𝘌𝘯 𝘉𝘢𝘯𝘤 has upheld the validity of a Department of Justice (DOJ) circular that raised the standard of proof in preliminary investigations and inquest proceedings from probable cause to prima facie evidence with reasonable certainty of conviction.

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

Under the DOJ Rules’ new standard of proof in preliminary investigations and inquest, prosecutors must ensure that the evidence to charge a person with a crime must sufficiently establish all the elements and consequently warrant a conviction.

Atty. Hazel L. Meking questioned the DOJ Rules before the SC, claiming that the DOJ encroached on the SC’s constitutional authority to promulgate rules of pleading, practice, and procedure in all courts. She argued that the DOJ Rules effectively revised Rule 112, Section 3(a) of the 𝘙𝘶𝘭𝘦𝘴 𝘰𝘧 𝘊𝘳𝘪𝘮𝘪𝘯𝘢𝘭 𝘗𝘳𝘰𝘤𝘦𝘥𝘶𝘳𝘦, which provides that the quantum of evidence in preliminary investigations is probable cause.

The SC dismissed her petition and reiterated its ruling in 𝘈.𝘔. 𝘕𝘰. 24-02-09-𝘚𝘊, which recognized the DOJ’s authority to promulgate its own rules on preliminary investigations and inquest proceedings.

The SC held that the DOJ Rules govern only the conduct of preliminary investigations and inquests by prosecutors, which are executive functions. These Rules, however, do not extend to judicial proceedings as the power to promulgate rules of procedure over them remains under the authority of the Supreme Court.

The SC noted it had already recognized preliminary investigation as the exclusive domain of prosecutors 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 which are inconsistent with the DOJ Rules to harmonize them.

The SC’s constitutional rule-making authority over judicial proceedings remains supreme, as well as its power to correct grave abuse of discretion in any prosecutorial rule or action that violates constitutional rights.

Read the full text of the press release at https://sc.judiciary.gov.ph/?p=161871

Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=161853

Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=161858

Copying of this content is subject to the SC PIO’s Credit Attribution Policy: https://sc.judiciary.gov.ph/credit-attribution

SC upholds new DOJ rule raising quantum of evidence before filing charges The Supreme Court affirms the DOJ’s new "prima facie evidence with reasonable certainty of conviction" standard for preliminary investigations, ruling it a valid executive function.

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The has approved the Proposed Amendments to the Guidelines on the Conduct of Videoconferencing.

The Guidelines shall take effect on February 16, 2026, 15 days following its posting on the Supreme Court and OCA websites.

The Guidelines expand the definition of “overseas venues,” which now covers “Philippine consulates and embassies, other Philippine government offices abroad, other places allowed under applicable bilateral or multilateral agreements, and any other venue authorized by the Supreme Court for videoconferencing from abroad.” [Section 2(j), Part 1]

Section 4, Part 2 of the Guidelines details how videoconferencing is initiated:

“In civil and criminal cases, the parties, through their counsel, individually or jointly, may, by written or oral motion, move that they be allowed to participate via videoconferencing.

“In criminal cases, a motion to participate via videoconferencing shall be accompanied by a waiver of the right of the accused to meet witnesses face to face when the videoconferencing specifically involves the confrontation of a witness.

“Videoconferencing shall be the preferred mode in cases involving PDLs and CICL at all stages of the proceedings.

“It shall also be the preferred mode for arraignment, bail hearings, and hearings involving minor incidents of other accused, such as, but not limited to, clarificatory hearings, compliance hearings, and other similar ancillary matters where the presence of the accused is not necessary, unless the court deems it appropriate for the accused to appear in person.

“For a just, speedy, and inexpensive disposition of cases, the court may, on its own instance, order that the proceedings be conducted through videoconferencing at any or all stages”

Copies of the Guidelines are available at:

Supreme Court website:https://sc.judiciary.gov.ph/wp-content/uploads/2026/01/A.M-No.-24-11-02-SC_FINAL.pdf

Office of the Court Administrator website:https://oca.judiciary.gov.ph/wp-content/uploads/A.M-No.-24-11-02-SC_FINAL.pdf