The 2024 DOJ-NPS Rules have raised the evidentiary standard for criminal complaints, demanding litigants to develop trial-ready cases as early as preliminary investigation. Here’s what you need to know.
- The 2024 DOJ-NPS Rules, including the new quantum of prima facie evidence with reasonable certainty of conviction for preliminary investigations and inquest proceedings, are a valid exercise of the DOJ’s rule-making power.
- Preliminary investigation and inquest proceedings are executive functions; courts generally have no authority to interfere with the conduct thereof.
- However, the Supreme Court may exercise judicial review when constitutional rights are violated during preliminary investigation and inquest proceedings.
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This bulletin was prepared by John Christian Joy A. Regalado, Partner and a member of the Firm’s Litigation and Arbitration Department, with the assistance of Associate Allan Cairo M. Reyes.