The Department of Justice is batting for the amendment on the conduct of preliminary investigation under the Revised Rules of Criminal Procedure, according to DoJ Secretary Jesus Crispin Remulla on Friday.
At the sidelines of the 70th Founding Anniversary of the Philippine National Police-Criminal Investigation and Detection Group, Remulla said that he envisions prosecutors and police working side-by-side to curb criminality.
“The DoJ is in constant dialogue with the SC to amend the Rules of Court. Specifically, we have reached an agreement whereby the DoJ will lead the efforts to amend Rule 112 on preliminary investigation in the Rules of Court.”
Remulla said the proposed amendment the preliminary investigation will start and end in the DoJ in an executive role.
He added that in the said setup, prosecutors in the DoJ will assist and encourage the police force in their fight against criminality on the streets.
Under the law, preliminary investigation is “an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof and should be held for trial.”
Remulla earlier has suggested “reasonable certainty of conviction” instead of probable cause as requirement before prosecutors file criminal cases in courts.