CEBU CITY, Cebu, September 22, 2023(PIA) -- The Department of Justice (DOJ) has trained selected officers and personnel of the Philippine National Police (PNP) and prosecutors in Region 7 for a more efficient case build-up.

A total of 195 prosecutors, police chiefs, and directors attended the symposium on September 22, 2023, which highlights the Department Circular (DC) 020 issued on March 31,2023.

One of the salient features of DC 020 is the close cooperation, coordination, and collaboration of the law enforcement agencies, while building confidence among the police personnel in case build-up.

Under the said circular, government prosecutors are mandated to be pro-active in the investigation of crimes by helping complainants and law enforcers in the case build-up.

This is to ensure that only criminal cases with reasonable certainty of convictions are filed before the courts.  

“The goal is to gather evidence in partnership with the law enforcement agencies, to build up a case, to prepare a more solid case so that at the end of the day only those cases with sufficient evidence are filed in court,” said DOJ Undersecretary Jesse Hermogenes T. Andres during the symposium.

Decongest the courts

OIC Regional Prosecutor Office of the Regional Prosecutor DRP Graeme June Y. Elmido, in his welcome remarks, encouraged all enforcement agencies to work with DOJ as a way to also help decongest the courts.

Andres disclosed that the rate of case dismissal at court has been 79%.

This means that only 21% of the filed cases have prospered.

The case dismissals may have been defined as “miscarriage of justice,” according to Andres.

“This is a waste of time for our courts. Decisions have to be made from prosecution to avoid miscarriage of justice,” added Andres.

He also emphasized that the conviction of an innocent individual has to be avoided at all cost.

DC 020: The New Paradigm

In the same forum, DOJ Undersecretary Raul T. Vasquez said the law enforcement agencies should be more confident in coordinating, communicating, and collaborating with the prosecution. 

The previous practice of the prosecution is to wait for the documents filed by the complainants by and through the LEA.

However, under DC 020, the prosecution can exercise investigative or inquisitorial powers. 

The prosecution is required to ensure the existence of a prima facie case and reasonable certainty of conviction before a complaint is docketed for preliminary investigation.

The use of forensic evidence is also encouraged to be applied rather than relying on testimonial evidence.

The DC 020 covers the following crimes for investigation, but not limited to: 

• Heinous crimes: Treason, Piracy and Qualified Piracy, Qualified Bribery, Parricide, Murder, Infanticide, Kidnapping and SeriousIllegal Detention, Robbery with violence against and intimidation of persons, Destructive Arson, Rape, Plunder, and Carnapping;
• Violations of the Dangerous Drugs Act
• Violations of the Anti-Money Laundering Act 
• Violations of the Anti-Terrorism Act of 2020
• Violations of the Terrorism Financing Prevention and Suppression Act of 2012
• All capital offenses punishable by reclusion perpetua or life imprisonment. 
  

Bridging the gap

Vasquez said there currently is a gap between the LEA and the prosecution.

"PNP is afraid to approach the prosecution," said Vasquez.

"Prosecution and the law enforcement agencies, particularly the PNP, should work hand in hand as the three Cs define cooperation, communication, and collaboration,” he added.

Police Capt. Marvin Chin of Duero of the Bohol Police Station, who joined the symposium, said the activity will help boost their skills and confidence as police personnel to work with the prosecutors.

“We are thrilled to firmly connect with the prosecution. It is ideal for them to guide us on how we must proceed with the filing of cases or the case build-up itself,” Chin said.  (JAT/PIA-7 Cebu)