DOJ to Establish Independent Rules for Preliminary Investigations

QUEZON CITY — The Department of Justice (DOJ) announced plans to create its own guidelines for conducting preliminary investigations, marking a significant shift from current practices governed by the Supreme Court’s rules. This change is set to be formalized in a document signing on July 4 at the DOJ’s town hall forum in Dasmariñas, Cavite.

According to Philippines News Agency, who spoke at a news forum on Saturday, the initiative will allow the DOJ to independently manage preliminary investigations, which are critical first steps in determining whether sufficient evidence exists to charge someone with a crime. Currently, these procedures are outlined under Rule 112 of the Rules of Court, established by the Supreme Court. Clavano emphasized that the change underscores the separation of powers between the judiciary, which traditionally does not play a role in preliminary investigations, and the executive branch, under which the DOJ operates.

With the adoption of this new document, the DOJ aims to streamline its functions and reinforce its role in the judicial process, transferring responsibility from the judiciary to the executive branch. This move is seen as a significant redefinition of how preliminary investigations will be conducted in the future, impacting the broader legal framework in the Philippines.