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The logo of the Supreme Court at the Supreme Court Building in Manila.
Philstar.com / Ian Laqui
MANILA, Philippines — The Supreme Court has upheld the validity of a Department of Justice (DOJ) circular that raises the bar for evidence in filing criminal cases, shifting the requirement from "probable cause" to "prima facie evidence with reasonable certainty of conviction."
In a decision penned by Associate Justice Japar Dimaampao on Nov. 11, 2025, the high court ruled that Department Circular No. 15, series of 2024, is a valid exercise of the executive branch's authority over the prosecutorial process.
The ruling came in response to a petition filed by lawyer Hazel Meking, who challenged the DOJ rules and argued that the agency had overstepped its authority by encroaching on the Supreme Court's exclusive power to promulgate rules on pleading, practice and procedure.
Meking contended that the circular effectively revised the Rules of Criminal Procedure, which traditionally set the evidentiary threshold for preliminary investigations at "probable cause."
Higher standard for prosecutors. DOJ Department Circular 15 defines the threshold of evidence prosecutors must meet before filing a criminal case in court.
Instead of the traditional "probable cause," the circular requires "prima facie evidence with reasonable certainty of conviction."
Under the circular, this standard exists when a prima facie case is established by available evidence — including testimonial, documentary and real evidence — that, if left uncontroverted, would be sufficient to establish all elements of the offense and warrant conviction beyond reasonable doubt.
The circular also states that the standard is met when prosecutors determine that the evidence presented is:
- admissible
- credible
- capable of being preserved and presented in court
It also requires prosecutors to consider the evidence submitted by respondents through their counter-affidavits.
“The quantum of evidence is met when the prosecutor is convinced that the entirety of evidence presented by the parties is (a) admissible, (b) credible, and (c) capable of being preserved and presented to establish all the elements of the crime or offense, as well as the identity of the person or persons responsible therefor. Reasonable certainty of conviction also includes a summary evaluation of the evidence presented by the respondents through their counter-affidavit.”
The ruling
The Supreme Court dismissed Meking's petition, drawing a distinction between the powers of the judiciary and the executive branch.
The court stressed that while it holds authority over judicial proceedings, preliminary investigations fall under the executive branch.
"On this account, the Court has adopted a policy of non-interference in the public prosecutor's conduct of preliminary investigation," the court said.
It added that under the 2005 revisions to the Rules of Criminal Procedure, the authority to conduct preliminary investigations has been placed within the exclusive domain of public prosecutors.
Limits of the rule. The high court clarified that the DOJ circular applies only to the conduct of prosecutors during preliminary investigations and inquests.
It does not govern court procedures.
While prosecutors decide whether to file charges, the Supreme Court retains its constitutional authority over trial procedures and the power to correct any grave abuse of discretion that may violate constitutional rights.
"It does not dictate practice or procedure in court. This Court's constitutional rule-making authority remains supreme over judicial proceedings, and its power to correct, on grave abuse of discretion, any prosecutorial rule or action that impairs constitutional rights, is retained," the ruling said.
