The Department of Justice on Monday said most criminal complaints filed by law enforcement agencies before government prosecutors are dismissed “due to lack of documents or technicalities.”
“We found that 90 to 95 percent of cases filed with the prosecutors are dismissed… because the inadequacies would make it difficult for prosecutors to reach the threshold of finding probable cause to properly file the cases in courts,” DOJ Assistant Secretary Jose Dominic Clavano said.
Clavano also said there is a low conviction rate among the criminal cases that are filed in courts.
“We found that 80 to 90 percent of cases filed by the prosecutors in courts are dismissed by the courts due to the complaint being filed without adequate evidence or due to technicalities,” he lamented.
Because of this, Justice Secretary Jesus Crispin Remulla was prompted to initiate moves for closer collaboration between prosecutors and law enforcement agencies.
As part of this initiative, the DOJ held on Monday its first symposium on capacity development for officials and personnel of the Philippine National Police (PNP) in Metro Manila.
Clavano said more similar events will be conducted in the future.
“Hopefully, with this event, we can increase conviction rate so that those who want to commit crimes will think twice since they can’t turn the heads of police and prosecutors),” he said.
“In the next few weeks or months, we will be able to see our capacity building programs like the one this morning where we will explain to the police and prosecutors their responsibilities in our new department circular),” he added.
Last March 31, Remulla issued Department Circular No. 020 addressed to all prosecutors of the DOJ’s National Prosecution Service (NPS) on Pro-Active Involvement of Prosecutors in Case Build-Up.
The circular states that “prosecutors must ensure the existence of prima facie case and a reasonable certainty of conviction based on available documents, witness/es, real evidence and the like.”
“Prima facie evidence is such status of evidence which on its own and if left uncontroverted, is sufficient to establish all the elements of a crime,” it pointed out.
The crimes covered by the guidelines include heinous crimes; all violations of Republic Act No. 9165 of the Dangerous Drugs Act, as amended; all violations of RA 9160 or the Anti-Money Laundering Act of 2021, as amended; all violations of RA 11479 or the Anti-Terrorism Act of 2020; all violations of RA 10168 or the Terrorism Financing Prevention and Suppression Act of 2012; and all other capital offenses that are punishable by reclusion perpetua (prison term of 40 years).
The guidelines will also be suppletory in application to the Inter-Agency Committee on Extra Legal Killings, Enforced Disappearances, Torture and Other Grave Violations of the Rights to Life, Liberty, and Security of Persons; Presidential Task Force on Violence against Media Workers; and the National Task Force to End Local Communist Armed Conflict.
