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The Department of Justice's building in Manila as seen in an undated photo.
DOJ website
MANILA, Philippines — A lawyer is challenging the new standard of proof in criminal cases set by the Department of Justice.
On June 4, lawyer Hazel Meking filed a petition with the Supreme Court to annul Department Circular 15, which raises the requirement from “probable cause” to “prima facie evidence with reasonable certainty of conviction.” make it harder for victims to pursue justice.
Meking argued that it is impossible to be certain of a conviction at such an early stage, as there is no evidence, no witnesses and no trial yet. This would make the case too premature for dismissal, she argued.
“Some complaints are returned to the victims. This has a huge impact on crime victims because they can’t push forward. The complaint can’t reach the court,” Meking said in an interview with reporters in Filipino.
She also noted that prosecutors across the country have varying approaches to implementing the circular.
New 'quantum of evidence'
Under the new rules in Circular 15, prosecutors now need stronger evidence during investigations, raising the requirement from “probable cause” to “prima facie evidence with reasonable certainty of conviction.”
This means prosecutors must prove a case exists using available evidence, like witness statements and documents, before it can proceed.
Section 5, Paragraph 2 of the circular explains that prosecutors must be sure that all the evidence from both sides is reliable, can be kept safe, and can prove every part of the crime and the people involved. They also need to check the accused’s evidence briefly.
The DOJ says that since using Circular 20, a rule that helps build cases before formal investigations, the country’s conviction rate has risen to 78%.
