The Department of Justice (DOJ) issued Department Circular No. 28 (DC 28) dated 13 November 2024 which outlines the procedure for Summary Investigation and Expedited Preliminary Investigation.
Previously, the DOJ issued Department Circular No. 15 (DC 15) dated 16 July 2024 which laid down the rules on Preliminary Investigations and Inquest Proceedings.
While DC 15 governs the conduct of preliminary investigation of crimes or offenses where the penalty prescribed by law is at least six (6) years and one (1) day without regard to fine; DC 28, on the other hand, governs the conduct of investigation of crimes or offenses where the penalty prescribed by law is one (1) day to six (6) years, fine regardless of the amount, or both.
Salient Provisions of the 2024 DOJ-NPS Rules on Summary Investigation and Expedited Preliminary Investigation
- Coverage of the Conduct of Summary Investigation and Expedited Preliminary Investigation
Summary Investigation shall be required for crimes or offenses where the penalty prescribed by law is one (1) day to one (1) year, fine regardless of the amount, or both.
Expedited Preliminary Investigation shall be required for crimes or offenses where the penalty prescribed by law is one (1) year and one (1) day to six (6) years without regard to fine, or both imprisonment and fine, if exclusively falling within the jurisdiction of first level courts such as Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial Courts; provided that, if the cases are by law cognizable by the Regional Trial Courts, they shall be subjected to regular preliminary investigation or inquest proceedings.
- Quantum of Evidence
The quantum of evidence for summary investigation and expedited preliminary investigation shall be the same as that required under DC 15 – prima facie evidence with reasonable certainty of conviction.
- Conduct of Case Build-Up (CBU)
In the following instances, upon receipt of a complaint-affidavit by the prosecution office, the designated assisting prosecutor shall conduct CBU which must be completed within twenty (20) calendar days from evaluation:
- If the complaint-affidavit is insufficient in form and the evidence is complete;
- If sufficient in form but the evidence is incomplete; or
- If insufficient in form and the evidence is incomplete.
- Virtual Expedited Preliminary Investigation
The procedure under DC 15 on virtual preliminary investigation shall apply to expedited preliminary investigation, except that the period to submit a counter-affidavit under the last paragraph of Section 11 (6) thereof shall not exceed five (5) calendar days.
- Motion for Reconsideration
In summary investigation cases, no motion for reconsideration shall be entertained.
In expedited preliminary investigation cases, the aggrieved party may file a motion for reconsideration not later than ten (10) calendar days from receipt of the resolution.
- Reply-affidavit or rejoinder-affidavit
For expedited preliminary investigation, it is explicitly stated that no reply-affidavit or rejoinder-affidavit shall be entertained. However, the investigation prosecutor may conduct a clarificatory hearing within five (5) calendar days from submission of counter-affidavit if there are facts and/or issues that need clarification from a party or a witness.
- Period to resolve cases
For cases covered by summary investigation, investigating prosecutors shall immediately resolve the same upon receipt of the entire records of complaints.
For cases covered by expedited preliminary investigation, after CBU and docketing, the investigating prosecutor shall resolve them within the period of twenty (20) calendar days from receipt of the entire case records.
The recommendatory resolution and information shall be acted upon by the Prosecutor General, City/Provincial Prosecutor, or their duly authorized prosecutors, within five (5) calendar days from their receipt.
You may access a copy of the 2024 DOJ-NPS Rules on Summary Investigation and Expedited Preliminary Investigation through this link.
