DOJ withdraws cases with no ‘reasonable certainty of conviction’

MANILA, Philippines — The Department of Justice (DOJ) has started allowing the withdrawal of cases handled by first-level courts that have “no reasonable certainty of conviction,” a prosecution reform that the agency intends to help decongest jails and court dockets in the country.

In a department circular released on Feb. 24, the DOJ started enforcing among its prosecutors the rule that allows the withdrawal of cases pending before municipal trial courts, MTCs in cities and metropolitan trial courts.

These courts handle criminal cases that involve a penalty of imprisonment of less than six years.

Under the new guidelines, the DOJ said only when prima facie evidence – those sufficient to establish a fact or raise a presumption unless disproved or rebutted – is present would there be reasonable certainty of conviction; otherwise, the case can be subject to review and subsequent withdrawal.

Cases covered by the new guidelines include those that had no developments for more than three months, ones where witnesses did not show up without valid reason or those where material pieces of evidence are not available.

“The trial prosecutor shall immediately review all cases under him, identify those cases covered (by the guidelines), prepare an inventory of the said cases and ascertain the specific reason/s why these cases have been left idle in court dockets,” the circular read, noting that prosecutors are required to secure and facilitate processes for the next step, which is the withdrawal of charges.

“Once the trial prosecutor has performed his/her duties as outlined in Section 4 hereof, and it appears that the identified cases lack reasonable certainty of conviction, he/she shall forthwith make a report with the inventory of the said cases and recommendation to move for the withdrawal or dismissal thereof and submit the same to the city/provincial prosecutor,” it added.

The city or provincial prosecutors then need to evaluate the withdrawal and facilitate the motion to withdraw through the trial prosecutor, followed by a filing of comment or opposition to the motion to withdraw by the complainant.

With the effectivity of the guidelines, prosecutors have been directed to no longer file cases that have no reasonable certainty of conviction.

“Only strong cases can be filed in the court. Let’s not let the department be used to oppress other people. The poor people are the victims here with weak cases filed just to intimidate them. We need to raise the level of evidence for the prosecutor so that no one is jailed lightly,” Justice Secretary Jesus Crispin Remulla said.

Justice reforms

Amid the worrisome situation in Philippine jails and prisons, Remulla told a United Nations Human Rights Council (UNHRC) panel that the government is driven to find new ways and outside-the-box solutions to reforming its justice and prison systems.

Speaking during the side event of the 52nd session of the UNHRC in Geneva, Switzerland on justice and prison reforms, he said the Philippine government is aware of the problems in the country’s prisons, and that instituting reforms to the correctional system is a “cornerstone” of the Marcos administration.

The problems plaguing the justice and prison systems of the Philippines were born out of a confluence of systemic and bureaucratic issues faced by arresting authorities up to correctional authorities, according to Remulla.