DoJ Guidelines for Inhibition of Prosecutors (2)

In continuation of the previous article, we now discuss the Guidelines’ section on voluntary inhibition.

DC Circular No. 005 provides that as a general rule, public prosecutors are prohibited from inhibiting themselves from a proceeding except for the reasons that would warrant a mandatory inhibition — where a conflict of interest has been identified or where their impartiality might reasonably be questioned.

Nonetheless, the Circular allows public prosecutors to voluntarily inhibit from sitting in a proceeding after exercising sound discretion but only for meritorious, compelling and serious grounds and to avoid a miscarriage of justice.

The Guidelines emphasizes that any ground for voluntary inhibition must always be with a clear and verifiable basis or justification. Furthermore, it provides that such ground should be alleged and substantiated in order to establish facts to show the reasonable partiality of the public prosecutor.

Similar to the procedure for mandatory prohibition, within 10 days from receipt of the complaint or case docket, or from gaining knowledge of any conflict of interest, the public prosecutor may moto proprio inhibit himself/herself from conducting the preliminary investigation, or handling such case.

Since the public prosecutor may only voluntary inhibit for meritorious, compelling and serious grounds and to avoid a miscarriage of justice, the public prosecutor concerned shall submit a Request for Inhibition, under oath, addressed to the head of the prosecution office concerned enumerating and discussing the reason for his/her inhibition.

Within three days from receipt of the Request, the head of the prosecution office shall determine whether the ground stated therein is meritorious.

On one hand, if the head of the prosecution office concerned finds that the Request is unmeritorious, the head of the prosecution office shall issue a Memorandum directing the public prosecutor to resume the proceedings. Otherwise, the head of the prosecution office shall endorse the same to the Office of the Secretary of Justice for approval.

The Guidelines provides that the Secretary of Justice shall have 30 days to act on the Request. In the meantime, the public prosecutor must continue to take cognizance of the case unless otherwise directed by the Secretary of Justice.

Should a new public prosecutor be designated to replace the public prosecutor who has inhibited, the new handling prosecutor shall have 30 days from receipt of the records to proceed with, act, or resolve the case, as applicable.

If any of the parties files a Motion for Inhibition, the public prosecutor shall act on the said Motion within three days from receipt. The same procedure for the voluntary inhibition of the prosecutor as above discussed shall thereafter apply.

DC Circular No. 005 emphasizes that all voluntary inhibitions must be in the form of a written order issued by the Secretary of Justice. In such cases, the head of the prosecution office concerned shall appoint another public prosecutor/s to handle the case.

With respect to inquest proceedings where time is of the essence, the Circular provides that the public prosecutor concerned shall immediately inhibit from conducting and/or resolving the inquest proceeding as soon as the ground becomes apparent.

The Guidelines provides that the public prosecutor shall immediately notify the head of the prosecution office concerned about the existence of the ground for inhibition. Upon notification, the head of the prosecution office shall assign the conduct of the inquest proceeding to another inquest prosecutor who shall be subject to the same timeline within which to resolve the complaint as the original inquest prosecutor.

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