On February 10, 2023, the Department of Justice issued Department Circulars No. 008 and 008-A, Series of 2023, requiring a higher standard of evidence required during a preliminary investigation from probable cause to “reasonable certainty of conviction” based on evidence “evidence-at-hand”, availability of witnesses, and continued interest of the complainants.
What cases are covered by the new rule?
The new rules directed to all public prosecutors apply only to cases cognizable by the first-level courts, the Municipal Trial Courts (MTCs), Municipal Trial Courts in Cities (MTCCs), and Metropolitan Trial Courts (MeTCs) unless such cases are intimately-related or closely corresponding to cases pending before the Regional Trial Courts (RTCs) and the appellate courts.
If the criminal complaint falls within the jurisdiction of the Regional Trial Court, this Circular simply does not apply to you or your case.
What are the effects of the rules, if any?
For cases filed and pending preliminary investigation, the new rules mandate all public prosecutors to file only cases with reasonable certainty of conviction. On the other hand, for those cases filed before the MTCs, MTCCs, and MeTCs, the case can be withdrawn by the trial prosecutor upon approval of the courts after a determination that there is no certainty of conviction.
What is a preliminary investigation?
Preliminary investigation is defined as “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.
The probable cause standard enables the filing of inherently weak cases
Probable cause is defined as 'the existence of such facts and circumstances as would excite the belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. Otherwise stated, probable cause simply means a considerable basis to indict a person in a criminal suit.
The problem is while the filing of a criminal suit requires a mere probable cause, cases that could not reach proof beyond reasonable doubt often led to the eventual acquittal of the accused, resulting in a great waste of the time of the court hearing “useless, improper, and expensive trial”. Reason? A huge evidentiary gap between probable cause required in the filing of a criminal suit in court and proof beyond reasonable doubt to ensure that the accused is convicted in court.
The New Rule: Reasonable certainty of conviction weeds out harassment suits
According to the Department of Justice, the change in the necessary weight of evidence to file a criminal suit in court is intended to pursue only cases with “reasonable certainty of conviction” when the case reached the courts.
There is reasonable certainty of conviction when a prima facie case exists based on the “evidence-at-hand” including but not limited to witnesses, documentary evidence, real evidence, and the like, and such evidence, on its own and if left uncontroverted by the accused, shall be sufficient to establish all the elements of the crime or offense charged, and consequently warrant a conviction beyond reasonable doubt.
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