Effective, efficient justice administration

On 10 July 2024, President Ferdinand R. Marcos Jr. and Justice Secretary Jesus Crispin C. Remulla led the ceremonial signing of the 2024 Department of Justice-National Prosecution Service (DoJ-NPS) Rules on Preliminary Investigations and Inquest Proceedings.

Executive Secretary Lucas P. Bersamin, Court Administrator Raul B. Villanueva, National Bureau of Investigation Director Jaime B. Santiago, Philippine National Police Chief Gen. Rommel Francisco D. Marbil, Prosecutor General Benedicto A. Malcontento and officials, city/provincial/regional prosecutors of the DoJ were all present at the momentous occasion.

The new rules institutionalize the executive and inquisitorial nature of preliminary investigations (PI) in line with legal precedents, in the process reinforcing the DoJ’s authority in this domain. The new rules also enhance existing prosecutorial functions, empowering prosecutors to take a more proactive role in the investigation of crimes and ensure efficient case build-up.

As the guidelines in the conduct of a PI are applied in actual cases, fairness and due process shall be given paramount consideration, so that in the handling of cases, especially those involving warrantless arrests, rights are fully safeguarded.

The new rules have also set a higher quantum of evidence needed for a complaint to pass a PI — and that is from probable cause to prima facie evidence with reasonable certainty of conviction. This ensures that only cases with a strong foundation will proceed to trial, reducing frivolous suits that only clog court dockets and those meant only to harass people who are otherwise innocent.

Further, the new PI rules allow the use of digital technology to speed up the investigation process through e-filing procedures and virtual hearings. This will reduce delays and increase access to justice, especially for parties in remote areas.

“From here onwards, every case we handle, every decision we make, every reform we champion will impact the lives of every single Filipino and it will shape the future of our country,” President Marcos said in his speech.

For his part, Secretary Remulla said, “Today marks a significant milestone in our criminal justice system; a new era in prosecution that we have always dreamed of has now become a reality. Let me take this chance to extend my warmest appreciation to the hard-working men and women of the DoJ for making this possible.”

It is worth keeping in mind that the primordial mission of the DoJ is to render to all Filipinos the effective, efficient, and equitable administration of justice.

Since his appointment as Justice secretary, Remulla has been vocal about carrying out the mission of the DoJ. A concrete example is back in March 2023 when he ordered prosecutors to recommend the withdrawal of pending criminal cases in first-level courts that had no probable cause or reasonable certainty of conviction. This resulted in the dismissal of around 7,000 cases out of the 30,000 that were filed that year. This move led to a 93-percent conviction rate for the DoJ.

The efforts of the DoJ go hand in hand with that of our courts since the latter are the ones hearing and deciding the cases that have been filed. With the new rules: (a) justice is expected to be more quickly dispensed; (b) there will be a higher conviction rate; (c) court dockets are declogged of unnecessary cases; and (d) the administration of justice becomes more and more effective and efficient through a streamlined process.

For all Filipinos who at one time or another had felt aggrieved by the malicious filing of criminal complaints against them, we will henceforth feel safer and more secure from harassment. The filing of unfounded and baseless cases is expected to significantly taper off, as not having sufficient evidence at the very first time a complaint is filed will only lead to its early dismissal.

The President and the Justice Secretary have been speaking about more reforms in the Philippine justice system, and they couple this with action and results. As a lawyer in government, I am excited and always look forward to positive developments from the administration.

A little beyond the two-year mark of this administration and there have already been various programs that beneficially impact the nation. I confidently declare that we are seeing just the beginning and there are more good changes to come.