DOJ expands role of prosecutors in case build-up

MANILA, Philippines — The Department of Justice (DOJ) said it had given prosecutors a “broader” role in case build-up to include a wider range of criminal investigations.

In a press release on Wednesday, the Justice department said that it directed the National Prosecution Service to oversee an additional three penal laws for case build-up, adding to the scope of laws in Department Circular (DC) 20.

“This move is expected to maximize the functions of the NPS which will ensure the existence of a prima facie case and a reasonable certainty of conviction based on available documents, witnesses, real evidence and the like so that efforts in the pursuit of justice will not go to waste,” DOJ’s press release read. 

The following penal laws are added to the scope of D.C. 20:

• Republic Act No. 10863 or the Customs Modernization and Tariff Act
• Republic Act No. 10845 or the Anti-Agricultural Smuggling Act of 2016 
• National Internal Revenue Code of 1987

Prosecutors must confirm that there is a sufficient prima facie case and a strong likelihood of conviction before initiating a preliminary investigation based on a complaint. 

In cases where evidence is insufficient, prosecutors are obligated to notify law enforcement of the deficiency and instruct them to provide the necessary evidence, according to the DOJ. 

The DOJ said that DC 20 covers the following laws:

• RA No. 9165 (The Dangerous Drugs Act)
• RA No. 9160 (Anti-Money Laundering Act of 2001)
• RA No. 11479 (Anti-Terrorism Act of 2020)
• RA No. 10168 (Terrorism Financing Prevention and Suppression Act of 2012)
• All other capital offenses that are punishable by reclusion perpetua.