SC to repeal inconsistent provisions in criminal procedure

MANILA, Philippines — The Supreme Court (SC) said that specific provisions of Rule 112 of the Revised Rules of Criminal Procedure will be repealed once the Department of Justice (DOJ) issues its new guidelines for preliminary investigations conducted by the National Prosecution Service (NPS).

In a press release on Thursday, the high court said it will repeal provisions of Rule 112, which govern preliminary investigations in criminal cases, that conflict with the upcoming DOJ-NPS Rules on Preliminary Investigation and Inquest Proceedings.

A preliminary is a process to determine whether there is sufficient ground to believe that a crime has been committed by a respondent. 

If prosecutors find probable cause, the next step is to file an information in court.

According to the SC, the DOJ, being a part of the executive department has the authority to promulgate its own rules on preliminary investigation.

Citing the Constitution, it added that the high court could only repeal the Rules of Court, including the Rules of Criminal Procedure, as it has “the exclusive power to promulgate rules on pleading, practice, and procedure in all courts.”

“Given the DOJ’s prerogative to direct and control the conduct of preliminary investigations, the Court will not interfere as long as there is no grave abuse of discretion,” the high court said.

“To remove obstacles in the DOJ’s implementation of the 2024 DOJ-NPS Rules, the Court ruled that a repeal of inconsistent provisions in Rule 112 is warranted,” it added

The decision has been penned by Associate Justice Rodil Zalameda. The full copy of the decision has yet to be released.