Here is a summary of the "2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings" (Department Circular No. 015), presented as a detailed reference for Filipino criminal trial lawyers:
**2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings (DC 015)**
This circular, effective 15 days after publication, sets new rules for preliminary investigations and inquest proceedings [1, 2].
**I. Scope, Coverage, and Policies [1, 3]**
* **Coverage:** These rules apply to preliminary investigations and inquest proceedings for crimes or offenses punishable by at least **six (6) years and one (1) day of imprisonment** [1].
* **Dismissal *Motu Proprio*:** The investigating prosecutor may, at any stage of the proceeding, dismiss the complaint if there is **no *prima facie* evidence with reasonable certainty of conviction** [1].
* **Key Policies:**
* The conduct of preliminary investigations and inquest proceedings is **executive and inquisitorial** [3].
* Prosecutors are expected to take a **pro-active role** in the investigation of crimes [3].
* Adoption of procedures for **e-filing** and **virtual preliminary investigation hearings and e-inquest proceedings** as alternatives [3].
**II. Quantum of Evidence: *Prima Facie* Case [3]**
* For preliminary investigations and inquest proceedings, the required quantum of evidence is a ***prima facie* case with reasonable certainty of conviction** [3].
* A *prima facie* case is established when the evidence at-hand (including testimony, documentary, and real evidence) is:
* **Admissible** [3].
* **Credible** [3].
* **Capable of being preserved and presented** to establish all elements of the crime or offense, and the identity of the person responsible [3].
* Reasonable certainty of conviction also includes a **summary evaluation of the evidence** presented by the respondents through their counter-affidavit [3].
**III. Authority to Conduct Preliminary Investigations and Inquest Proceedings [3, 4]**
* **Authorized Officers:** All prosecutors (including Prosecution Attorneys) and other officers allowed by R.A. No. 10071 are authorized [3].
* **Jurisdiction:** State prosecutors or prosecutors assigned at the Office of the Secretary of Justice Prosecution Staff have **national jurisdiction** over all crimes or offenses [3]. City, provincial, or regional prosecutors and their assistants have jurisdiction over crimes or offenses cognizable by the proper courts in their respective territorial jurisdictions [4].
**IV. Preliminary Investigation [4-9]**
* **Definition:** A summary investigation to determine if there is ***prima facie* evidence with reasonable certainty of conviction** and if the respondent should be held for trial [4].
* **Virtual Preliminary Investigation:** Conducted via **videoconferencing** using information and communications technology (ICT) [4]. This may be availed of at the initial hearing where both parties are present and ICT is available [4].
* **Parties:** The **complainant** (offended party, law enforcement agency, public entity) and the **respondent** (party being charged) [4].
* **Submissions – Complaint-Affidavit:**
* Must be a **written statement charging a person with a crime** [4].
* **Subscribed by the offended party** or authorized person [4].
* **Sworn to** before a prosecutor or government official authorized to administer oath [4].
* Must be supported by the affidavits of witnesses and other supporting evidence [4].
* **Procedures for Regular Preliminary Investigation:**
* **Filing:** Original + two (2) duplicate copies of the complaint-affidavit, accompanied by a duly-accomplished NPS Investigation Data Form (IDF) [5].
* **Content of Complaint-Affidavit:** Must state names/addresses of parties, date/place of alleged crime, and a statement of facts showing the ***prima facie* case with reasonable certainty of conviction** [5].
* **Upon Receipt:** Head of prosecution office ensures sufficiency and completeness of evidence. If complete, it is docketed [5].
* **Initial Review (5 Calendar Days):** Within **five (5) calendar days** from receipt, the investigating prosecutor recommends dismissal or issues a **subpoena** [5].
* **Subpoena to Respondent:** Directs respondent to submit a **counter-affidavit** and/or **affidavit of his/her witnesses** within **ten (10) days** of receipt, and requires appearance at the preliminary investigation hearing [5].
* **Hearing Schedule:** The hearing shall not exceed **thirty (30) days** from the investigating prosecutor's receipt of the entire case records [5].
* **Furnishing Documents:** The respondent must be furnished with a copy of the complaint-affidavit and its attachments [6].
* **Respondent's Appearance:** Personal appearance or by authorized representative is allowed [6].
* **Motion to Dismiss:** Generally **not allowed** if respondent fails to file a counter-affidavit [6]. If respondent fails to file a counter-affidavit or appear, the investigating prosecutor resolves the case based on evidence on record [6].
* **Clarification/Submissions:** The prosecutor may: (1) ask clarifying questions; (2) have the case submitted for resolution; or (3) require the filing of a **reply-affidavit** and/or a **rejoinder-affidavit** [6].
* **Reply-Affidavit/Rejoinder-Affidavit:** Must contain new issues of fact or questions of law. Filed within **ten (10) calendar days** from receipt of the pleading being responded to [7].
* **Issuance of Subpoenas:** Prosecutor may issue *subpoena duces tecum* or *ad testificandum* to parties, witnesses, or to produce records/documents [7].
* **Reopening Investigation:** May be reopened if newly-discovered evidence exists, or if a party failed to participate despite subpoena [7].
* **Procedures for Virtual Preliminary Investigation (VPI):**
* **Notice:** The investigating prosecutor issues an order stating VPI will be conducted, including:
* Official email addresses and contact details of prosecution office [8].
* Prosecutor, parties, their witnesses, and counsels [8].
* Date and time of clarifying hearing and e-filing/e-service of pleadings [8].
* Date and time for submission of hard copies (not more than 3 calendar days prior to VPI) [8].
* Date and time of videoconference hearing [8].
* Access details (link, passcode) for videoconference platform (e.g., Zoom, Google Meet) [8].
* Other matters necessary to define parameters [8].
* **E-filing/E-service:** Filing of counter-affidavit (with extension, if allowed) or reply-affidavit/rejoinder-affidavit is **made electronically** via email [8].
* **Hard Copies:** PDF copies of documents must be served electronically [8]. **Hard copies (original and two duplicates) must be submitted to the prosecution office within ten (10) calendar days from receipt of pleading via email** [8]. E-filed/e-served documents are deemed filed/served on the same day [8].
* **Recording:** Videoconference hearings are **recorded** [9].
* **Failure to Submit Hard Copies:** May lead to exclusion of records from the case [9].
**V. Inquest Proceedings [9-11]**
* **Definition:** An informal and summary investigation conducted by a prosecutor for individuals **arrested without a warrant** and detained without benefit of a warrant of arrest [9].
* **Procedure:**
* **Filing of Referral Letter:** The arresting officer (LEA) or private citizen must file a referral letter including two (2) duplicate copies of the official file, number of copies of respondents, and the complete range of evidence [9].
* **Evidence Required:** Referral letter must include the affidavit of arrest, investigation report, complaint-affidavit, and judicial affidavit, among others [9].
* **Timelines for Arrested Persons (Article 125 of the Revised Penal Code):**
* For light felonies or violations of ordinances: **12 hours** [9].
* For offenses punishable by correctional penalties or their equivalent: **18 hours** [9].
* For offenses punishable by afflictive or capital penalties or their equivalent: **36 hours** [9].
* **Docket Section:** Forwards referral to head of prosecution office, who verifies validity of arrest [10].
* **Evidence Completeness:** Referral must establish the elements of the crime and ***prima facie* evidence** [10]. If incomplete, LEA/private citizen must complete it immediately [10].
* **Invalid Arrest:** If the warrantless arrest is invalid, the prosecutor **orders the release** of the arrested person [10].
* **Inquest Proper:** During the inquest, the respondent is represented by counsel. The prosecutor explains:
* Nature of the proceedings [10].
* Charges against him/her [10].
* Option to avail preliminary investigation [10].
* Right to bail [10].
* The prosecutor administers the oath and clarifies factual issues [10].
* **Respondent's Options:**
* **Opt for Preliminary Investigation:** The respondent may opt for preliminary investigation and must sign a waiver of the provisions of Article 125 of the RPC (delay in delivery) [10]. If waiver is signed, the prosecutor recommends bail, and the investigation is terminated within **fifteen (15) calendar days** from its inception [10].
* **Resolution:** The inquest prosecutor must resolve the case immediately, discussing the validity of the warrantless arrest and the existence of a *prima facie* case with reasonable certainty of conviction [10].
* **E-Inquest Procedures:**
* The inquest prosecutor may opt for e-inquest via videoconferencing (e.g., Zoom, Teams, Google Meet) [11].
* The arresting LEA or private citizen provides details for the videoconferencing [11].
* During e-inquest, the prosecutor ensures: (1) attendance of parties; (2) verification of identities; (3) recording of events and narratives; (4) administration of oath/affirmation; and (5) clarification of factual issues [11].
* Respondent's right to preliminary investigation and waiver of Article 125 RPC is communicated **via email** [11].
* Hard copies of the original and two (2) duplicate copies of the referral letter and all required documents must be submitted to the prosecution office within the same reglementary period specified in Section 13(a) [11].
**VI. Disposition of Cases [11-13]**
* **Resolution:** The ruling or disposition of the prosecutor on the preliminary investigation or inquest proceeding. If information is to be filed, it is subscribed, certified by a prosecutor, and filed with the proper court [11].
* **Certification of Prosecutor:** The information filed in court must be certified by the prosecutor based on oath, stating there is ***prima facie* evidence with reasonable certainty of conviction**, supported by evidence, accused's identity, and consideration of controverting evidence [12].
* **Inquest-derived Information:** If information emanates from an inquest, the prosecutor certifies that the accused has **not opted to avail of preliminary investigation and has not executed a waiver** pursuant to Article 125 of the RPC [12].
* **Approval:** Resolution and information must be approved by the Prosecutor General, City/Provincial Prosecutor, or their duly authorized deputies [12].
* **Filing:** The information is filed in court, supported by affidavits and counter-affidavits, and other supporting evidence [12].
* **Disposition and Recommendations (Section 16):**
* If **prima facie evidence with reasonable certainty of conviction** exists, an information shall be filed [12].
* If no *prima facie* evidence, the complaint shall be **dismissed** [12].
* Dismissal may be **without prejudice** if new or additional pieces of evidence are produced for case build-up [12].
* If the investigating prosecutor recommends dismissal, the head of the prosecution office approves it. The head may also decide to file an information or direct the prosecutor to do so [12].
**VII. Remedies [2, 13]**
* **Period to Resolve Cases (Section 17):**
* Investigating prosecutor resolves within **sixty (60) calendar days** from date of assignment.
* A **maximum 30-day extension** is allowed for: capital offenses, complex issues, counter-charges, and consolidation [13].
* Resolution transmitted to head of office within **five (5) calendar days** [13].
* Head of office acts within **ten (10) calendar days** [13].
* Resolution promulgated within **five (5) days** of approval [13].
* **Inquest referrals** are resolved the **same day** and transmitted to the head of office for approval on the **next working day** [13].
* **Motion for Reconsideration (Section 18):**
* Aggrieved party files within **fifteen (15) days** from receipt of the resolution [13].
* Investigating prosecutor resolves within **thirty (30) days** from the date of assignment of the motion [13].
* **Petition for Review (Section 19):**
* May be filed with the Prosecutor General or the City/Provincial/Regional Prosecutor on preliminary investigation/motion for reconsideration decisions, subject to D.C. No. 27, series of 2022 [13].
* The petition for review shall be accompanied by a **motion to suspend proceedings**, as filed with the court [13].
* Cases cognizable by **first level courts** are final and not appealable to the Office of the Secretary of Justice [13].
* **Exception:** Resolution of the Secretary of Justice on appeal in criminal cases cognizable by **second level courts** shall be **final, executory, and non-appealable** [13].
* Memorandum Circular No. 58, series of 1993, allows elevation of certain cases to the Office of the President [2].
* **Motion for Reconsideration on Petition for Review (Section 20):** Aggrieved party may file within **fifteen (15) days** from receipt [2].
**VIII. Effectivity, Repealing Clause, and Construction [2]**
* **Effectivity (Section 22):** These rules take effect **fifteen (15) days** after publication in the Official Gazette or two (2) newspapers of general circulation [2].
* **Construction (Section 24):** The Rules of Court apply in a **suppletory character** whenever practicable [2].
Generated by Google NotebookLM app June 8, 2025, upon request of Atty. Manuel Laserna Jr.
