The Supreme Court (SC) has upheld a key rule issued by the Department of Justice (DOJ) that raises the level of evidence required before criminal cases can be filed in court, a decision seen as strengthening the prosecution of suspects in the 2017 killing of Enrique Manas Sr.
In a ruling announced earlier, the High Court affirmed the validity of DOJ Department Circular No. 20, issued during the tenure of former justice secretary and now Office of the Ombudsman chief Crispin Remulla.
The circular raises the standard in preliminary investigations from mere probable cause to prima facie evidence with reasonable certainty of conviction before prosecutors can file criminal information in court.
The ruling reinforces a Jan. 16, 2025 resolution issued by Remulla ordering the filing of charges in connection with the killing of Manas in an ambush on 23 July 2017 in Sta. Margarita, Samar.
Murder and attempted murder charges have been prepared against suspects Emilio Zosa, Sofronio Meduranda Jr., and Reymart Antivo.
Remulla’s resolution directed prosecutors to file the information in court within 10 days so the trial could proceed, finding that the evidence gathered during preliminary investigation had met the higher evidentiary threshold required under Department Circular No. 20.
Legal observers said the Supreme Court ruling removes uncertainty over the application of the DOJ rule and strengthens the legal basis for filing the charges in the Manas case.
Despite the directive, the resolution has remained pending at the Department of Justice for more than 410 days.
In a recent letter to Acting Justice Secretary Frederick Vida, lawyers for the Manas family urged the DOJ to finally file the information in court.
Nearly nine years after the ambush that killed Manas, the family continues to press authorities to move the case forward so trial proceedings can begin.