Dear PAO,

My case got dismissed because of that new ruling of the Department of Justice (DOJ). They used “prima facie proof with reasonable certainty of conviction.” Before, probable cause was enough. Now it is not. Is it possible to join a class action suit against the DOJ because I think what they are doing is very unfair? Please tell me if my case can be included. What do you need from me? What steps must I take?

Toni K.

Dear Ms. Toni,

The Supreme Court has recognized the authority of the Department of Justice (DOJ) to promulgate its own rules on preliminary investigation. In Re: Draft Department of Justice-National Prosecution Service’s [DOJ-NPS] Rules On Preliminary Investigations And Inquest Proceedings (AM 24-02-09-SC dated May 28, 2024), the Supreme Court held that the courts are bound by the Doctrine of Non-Interference insofar as the authority of the DOJ to promulgate its own internal rules:

“Considering the nature of preliminary investigations, and the Court’s policy on non-interference in the conduct thereof, the Court resolves to recognize the authority of the DOJ to promulgate its own rules on preliminary investigation. Indeed, it is within the DOJ’s prerogative to direct and control the conduct of preliminary investigations, and the Court will not interfere with the same so long as it is not tainted with grave abuse of discretion.”

In support of this position, the Supreme Court, citing an earlier case, emphasized that:

“It must be stressed that preliminary investigation is an executive, not a judicial, function. As the officer authorized to direct and control the prosecution of all criminal actions, a prosecutor is primarily responsible for ascertaining whether there is sufficient ground to engender a well-founded belief that an offense has been committed and that the accused is probably guilty thereof.”

Thus, the recognition of the DOJ’s prosecutorial discretion, i.e., the determination as to who to prosecute, what case to prosecute, and how the case will be pursued based on evidence available, has been consistently upheld by the Supreme Court (See People v. Montierro, GR 254564, July 26, 2022, Ponente: Associate Justice Alfredo Caguioa).

In your case, while the dismissal may seem unfair to you, the law gives prosecutors wide latitude to decide who to charge and what case to pursue. The Supreme Court respects that discretion and will not step in unless there’s a clear grave abuse of authority. That rule, blunt as it sounds, is meant to keep the process independent and efficient.

Nonetheless, you still have the remedy of filing a motion for reconsideration. And if that fails, you may still appeal the same to the Secretary of Justice, or Regional State Prosecutor via a Petition for Review. Likewise, you may also re-file the complaint and adduce additional evidence to prove that your case in fact can establish reasonable certainty for conviction.

Please note that this piece of advice was based only on the facts you have given and our appreciation of the same. Our opinion may change if given more details.

We appreciate your trust and support.