DOJ set to make own rules on preliminary investigation

The current rules on preliminary investigation are contained in Rule 112 of the Rules of Court, which was crafted by the Supreme Court. (PNA file photo)

MANILA – The Department of Justice (DOJ) is set to sign a historical document allowing the agency to make its own rules on preliminary investigation, an official said on Saturday.

In a news forum in Quezon City, DOJ Assistant Secretary Mico Clavano said the signing of the document is set on July 4 during the agency’s town hall forum at Dasmariñas Arena in Cavite.

The current rules on preliminary investigation are contained in Rule 112 of the Rules of Court, which was crafted by the Supreme Court.

“We will be signing a very historical document. Under the rules of court, Rule 112 pertains to preliminary investigation. That is under the Supreme Court Rules of Court,” he said.

Clavano explained judges have no roles in Rule 112.

Preliminary investigation, which determines whether there are sufficient grounds to charge a person with a crime, is part of the prosecution’s duty and, thus, a function of the executive, not the judiciary.

With the signing of the document, Clavano said the DOJ is assuming that function by making its own rules on preliminary investigation.

“Mapupunta na po sa (it will go to the) DOJ under its own rules for preliminary investigation,” he said.

“So, malaking bagay po iyon dahil mawawala na po iyong rule na iyon sa Supreme Court (So this is a big deal because that rule will be removed from the Supreme Court). From one branch of government, mapupunta na po sa (it will be transferred to the) executive branch.”