tNT O

Republika ng Pilipinas
KAGAWARAN NG KATARUNGAN
Department of Justice
Manila

DEPARMENT CiRCULAR NO. 020-A

TO ALL PROSECUTORS OF THE NATIONAL PROSECUTION SERVICE

suBJEcr ANSWERS TO COMMONLY ASKED QUESTIONS, FLOWCHART

AND TEMPLATE CERTIFICATIONS IN THE IMPLEMENTATION
OF DEPARTMENT CIRCULAR NO. 020, Series of 2023 ON PRO-
AcrivE INVOLVEMENT OF PROSECUTORS IN CASE BUILD-UP

DATE JUL 2 82023

In the interest of the service and pursuant to the provisions of existing laws, the
following answers to commonly asked questions and the attached flowcharts1 and
templates in connection with the implementation of Department Circular No. 020 dated
31 March 2023, are hereby issued for proper guidance of all concerned:

QUESTION ANSWER
GENERAL PRINCIPLES

1. Doesn’t the active involvement of No, because prosecutors are not judicial
prosecutors in case build-up violate (or even quasi-judicial) officers. Rather,
the principle/requirement of they are part of the executive branch of
neutrality or impartiality? the government whose mandate is to
enforce the law.

2. Doesn’t Department Circular No. No, because there is a reasonable

020’s (DC020) imposition of higher distinction between offenses covered by
standards of proof q)rima facie DC020 and those that are not.
evidence and reasonable certainty of
conviction) create a disparity
between cases covered by the DC
and those that are not, sufficient to
violate the constitutional provision
on equal protection of the law?

3. When is a criminal action considered The criminal action is considered formally

"instituted" for purposes of instituted upon docketing of the
interruption of the running period of complaint for preliminary investigation
prescription? (Section 1 Rule 110, (PI)
ROC)

1 DC020 Flow Charts for Case Consultation/Case Conference, for Inquest, and for Pl.
 Page 2 of 7

4. DC020 does not appear to be Yes, LEAs ought to continue performing

mandatory. Can law enforcement their regular duties; they remain to be
agencies (LEA) opt to investigate independent in the fulfilment of their
crimes on their own even without the mandates.
participation of prosecutor?
Private complainant or victims of crimes
may also continue to file their complaints
with LEAs, and the latter may investigate
and build-up cases without the
involvement of the prosecution.

However, once complaints are referred to

the prosecution service, DC 020 shall
operate and these complaints from LEAs
shall be subject to evaluation/referrals
and case build-up, if needed. Hence, it
would be good if LEAs and private
complainant on one hand, and
prosecutors on the other, coordinate
closely in building-up cases at the outset
in order to ensure airtight cases that will
reasonably result to conviction.

5. Are coordination and cooperation YES. The cooperation is reciprocal. The

reciprocal? Can the prosecution prosecution service can initiate
service initiate investigation of investigation of suspected violations of
suspected violations of mentioned covered laws and request the LEAs to
laws in the DC and request the LEA gather evidence.
to gather evidence?
Among the powers and functions of the
Secretary of Justice, who has control and
supervision over the NPS, is to
"investigate the commission of crimes"
and "prosecute offenders".2

6. May prosecutors or the prosecution Yes, the prosecution office may initiate
service motu proprio initiate the through a formal request to the LEA to
investigation and case build-up of a conduct the corresponding investigation
crime when information about its and case build-up.
probable commission comes to their
knowledge? if so, how?

7. Is a formal/written request for No, especially in urgent or in flagrante

guidance/advice from LEA required delicto cases. Informal consultations
before they may be given between LEAs and the prosecution are
guidance/advice? also encouraged. However, for planned

2 SectioN 3(2), Chapter 1, Title III, Redsed Admini£traiw Code.

 Page 3 of 7

operations, LEAs need to file such formal

request with the prosecution office.

8. Section 2 of DC020 defines "prima As defined under D.C. No. 016 dated 24
facie". What about "reasonable February 20233, there is reasonable
certainty of conviction", what is its certainty of conviction "when a prima
definition ? facie case exists based on the evidence-
at-hand including but not limited to
witnesses, documentary evidence, real
evidence, and the like, and such
evidence, on its own and if left
uncontroverted by accused
krespondent/sl, shall be sufficient to
establish all the elements of the crime or
offense charged, and consequently
Qprospectivel$ warrant a conviction
beyond reasonable doubt".

9. What if there are not enough Section 4, par. 2 of DC 020 provides that
prosecutors in a city or province to Regional Prosecution Offices (Office of
conduct case build-up? Prosecutor General for NCR) shall
designate prosecutors to complement or
augment lack of available prosecutors in
sorrle areas.

10. Local PNP are known to have Prosecutors ought to be objective in

close relationships with local assessing evidence that will prove a
prosecutors. In cases where the local crime, regardless of personalities
PNP are involved in the commission involved.
of the crime, what would guarantee
the impartiality of local prosecutors
in the conduct of case build-up/
evaluation?

11. Can the standards of prima facie and Yes, to cases that are covered by Section
reasonable certainty of conviction be 9 of DC No. 016 dated 24 February 2023,
applied to crimes not covered by DC or those that fall under the jurisdiction of
020? first level courts.

RECEIVING PROCESS

1. With the advent of DC020, how Prosecution offices must ensure that
should offenses not covered by the administrative and case management
processes are clear. Thus, the existing

3 Section 2, Department Cirr#!arNo. 016 dated 24 Febn4ary 2023, GHidehnu on the Implementai08 ojDC 008 and 008-A on the
Assessment ofPeEdin& Calmiaa! Cases for C)fe8ns CoRmiX.able to the NLTCs MTCCs aEd MeTC£
 Page 4 of 7

issuance be dealt with vis-a-vis those process for non-DC020

that are covered? uses/complaints/referrals must not be
disturbed and confused with DC020-
cases/complaints/referrals.

To be clear, all DC020-cases received by

prosecution offices shall be assigned a
distinct reference number prior to
referral for evaluation by the assisting
prosecutor (AP).

2. What if the complaint/referral The case/s covered by DC020 and those

involves multiple offenses but arising related to it/them shall be given a single
from a single incident or a series of reference number, but the
related incidents, one of which is crimes/offenses complained of must be
covered by DC020 while the other/s specified or enumerated.
are not covered, should they be
treated separately? The cases not related to the offenses
covered by DC020 shall be docketed as
inquest or PI, as the case may be.

3. Should referrals or complaints Yes. as it is the nature of the offense that

involving DC020 crimes but in their is material in determining whether a case
frustrated or attempted stage of should undergo build up or not.
commission be subject to the
procure under DC020?

EVALUATION

1. Is the evaluation considered part of No, results of evaluation shall not be the
the formal criminal action and subject of any motion, appeal or any
therefore subject to motion, appeal other legal remedy, except the possible
and/or other legal remedies? refiling of the complaint in case of
termination. Both case build-up and
evaluation are internal processes of the
Department which shall be governed by
the provisions of DC 020.

2 What is the remedy of victims or If the prosecutor honestly believes that

their families if a LEA denies the evidence is certainly available or
existence of evidence or refuses to obtainable but LEA, another government
submit evidence to the prosecutor office or employee, or even a private
during the evaluation? person, refuses to comply with a
subpoena, the prosecutor may initiate a
What may the assisting prosecutor complaint for Disobedience to Person in
do in case the person subpoenaed Authority defined and penalized under
does not produce necessary Art. 151 of the Revised Penal Code
 Page 5 of 7

document/s or comply with the and/or for Obstruction of Justice under

subpoena? PD No. 1829.

3. In cases where law enforcement Yes, private complainants may, directly

desists or otherwise refuses to file a and independently, file a complaint with
complaint, or where the victims or the prosecution office for purposes of
their families opt to file the complaint case build-up. Ure prosecution office,
themselves, may the victims or their using its subpoena powers, shall exercise
families seek the assistance of the needed effort/s to obtain the said or
prosecutors in obtaining records of similar documents.
the investigation (pre-operation
reports, spot reports, crime
laboratory results, etc.) from law
enforcement prior to the filing of
such a complaint?

4. Does a LEA’s or a private Certainly not. The assisting prosecutor

complainant’s compliance by should still carefully evaluate the
submitting the lacking contents and evidentiary value of the
evidence/document/s as directed by documents submitted in order to
the assisting prosecutor determine the existence of prescribed
automatically result to the issuance quantum of proof - prima facie and
of a certification that prima facie reasonable certainty of conviction - or
case and reasonable certainty of lack thereof.
conviction exist?

5. If an assisting prosecutor finds that No, because the case may still undergo
a drug case punishable by life case build-up. At any rate, the Assisting
imprisonment did not comply with Prosecutor's evaluation report is not a
Section 21 of RA 9165 and the dismissal of the case.
respondent is released in the
meantime, will the case be subjected
to automatic review?

6. May the evaluating AP also yes.

subpoena third persons to produce
evidence?

7. What should be the action if the The case may still be referred for case
assisting prosecutor’s evaluation of a build-up. However, if after case build-up,
complaint/referral of a DC020 the essential elements for the DC020-
offense (ex. murder) results to a covered crime/offense are still not
finding that the offense is actually established, the case may either be
not among those under the DC (ex. referred for PI if all the evidence to prove
homicide)? the elements for such are present, or
closed and/or terminated if no other
offense can be proven by available
evidence.
 Page 6 of 7

INQUEST

1. If upon evaluation of a referral for The assisting prosecutor.

inquest, the assisting prosecutor
finds that the case is not proper for
inquest, who will issue the release
order?

2. What is the effect of the period An assisting prosecutor’s evaluation of

allocated for evaluation/case build- inquest referrals must be done ASAP,
up to the period within which to mindful of the periods prescribed under
resolve cases referred for inquest? Article 125 of the Revised Penal Code, as
amended.

3. What action should be taken if after The referral should be assigned to a

evaluation of a referral for inquest, prosecutor for case build-up. Evidence
the assisting prosecutor finds the other than those deemed inadmissible
warrantless arrest not to be invalid, due to the invalid warrantless arrest may
and that the resulting search and still be gathered to prove the commission
seizure of contraband will make the of the offense.
seized evidence inadmissible as 'fruit
of the poisonous tree’?

PRELIMINARY INVESTIGATION

1. Should prima facie and reasonable Yes, both should concur, as indicated by
certainty of conviction concur in one the consistent use of the conjunctive
given situation? Or are they used in word "and" in DC020.
the alternative?

2. May the same assisting prosecutor Yes, there is no prohibition that the
who conducted the evaluation be evaluating or assisting prosecutor be
assigned to also to conduct the PI? different from the investigating
prosecutor. In fact, it is ideal that these
roles (including prosecution in court) are
performed by the same prosecutor.

3. What happens in case the The approving prosecutor’s decision will

reviewing/approving prosecutor prevail over that of the assisting
does not agree with the result of prosecutor who did the evaluation.
evaluation by the AP?

4. May the AP who conducted the Yes, there is no prohibition to let

referral for inquest be also the one prosecutors who did the evaluation also
to conduct the inquest? conduct the inquest.
 Page 7 of 7

5. Evidence (laboratory examination Prosecutors have SUBPOENA POWERS

results, etc.) are usually in the They should judiciously exercise this.
possession of law enforcement and
are often very difficult for victims
and their families to access
especially in cases where law
enforcement are involved in the
commission of the crime. With the
degree of proof required in
preliminary investigations increased,
wouldn’t it be more difficult now for
victims and their families to bring
their cases before a judge where at
least they can avail of court
processes to obtain/secure these
evidence?

For compliance.

JESUS CRI C. REMULLA

'eta

Department of JustIce
CN: 0202307r07

IlIJIllIIIIIIIfIlIHIllIIIIIlIJ
DC 020 FLOWCHART FOR CASE CONSULTATION/CONFERENCE (LEA)

ASSIGN REFERENCE
COVERED BY FORWARD TO HOO
Request for Case NUMBER &
Consultation/ DC 020? RECORD INFO /TF CHAIR
Conference (Case Can Form1)

CONDUCT PI
followIng exISting flow
REFiFi BACK TO LEA or ASSIGN TO
under RULE 112
PRIVATE COMPLAINANT ASSISI ING
PROSECUTOR
for INAPPLICABILfTY TO
DC020

YES Is the complaint now

Is it viable to continue
',upported bV \ufficlrnt
the investIgation of the evidence?
case ?

1. AP to CONSIDER the
LEGEND complaint /referlal “CLOSED
and TERMINATED";

h-='tmimTIEEIEUMINAnR
2. NOTIFY PC and LEA;
3. RETURN tHe to receiving
sectIon
Ifgm\

*.
DIS POTSIhliInEiIHaILIJ,sil APPROVED BY
DC 020 FLOWCHART FOR INQUEST

COVERED
RECEIVE
BY le
COMPLAINT/
REFERRAL
DC 0207 AP to CERTIFY

coNDUcr INQUEST
following existing
REQUEST LEA flow under RULE 112
1. Yes, the to submit lacking Were the does
warrant less document/s w/in submItted w/in
arrest is lawful Bq
the prescrIbed perIod?
2. NO, documents
are not period+
complete. END
NO
LEGEND

su8MlrrED SUBM triED

1. NO, the
mn:M©Mc gBl 1. Was the warrantIes ORDLR RELEASE required INCOMPLETE

@Bl@©® arrest lawful (accordIng arrest was of respondent and

document/s or DID NOT

m=BIMWMPB
EIa„
[IRIWI
to Rule 113, sec, 5)7
2. Do the records contaIn all
unlawful or not
to
REFER for PI
SUBMIT
required
the nuessaw evIdence P C1 documents
to prove the essentIal Rule 113, Sec. 5.
THE HEAD OF OFFICE or DESIGNATED elem8nts 2. Yes,
OFFICER before prwenllng to the next of the off8nse? are complete

YES TO BOTH
ASSIGNED AP to
NO TO BOTH conduct CASE
BUILD-UP
[
MBM here

I,"::
fficient ground to
nduct INQUEST +(#
 COVERED
BY
DC 020?

CONDUCT PI
ASSIGN REFERENCE AP to CERTIFY that following exIsting flow
NUMBER there is sufficielrt under RULE 112

ASSIGN TO AP ground to conduct PI

FOR EVALUATION

AP to REFER back AP to SUBPOENA

to PC/REFERRING the PC/LEA for:
LEA with : 1. CONFERENCE
t. REPORT on the 2. PRO[JUCIION
result of of Is the complaint now
evaluation; evidence supported by sufficient
bop\ the complaInt/ evtdence?
referral contaIn all 2, ADVICE about
lackIng
necessary evIdence to prove
LEGEND the essential elements of evIdence; and
3. DIRECTIVE to
ASSISTING PROSECUTOR the crime and should b

RM
n=
locketed for Pl?
SECURE and
submit lackIng
evidencew/in a
1, AP to CONSIDER the

IIMHiM complaint /referral "CLOSED

H@#
rea50na bIn
and TERMINATED";
period 2, NOTIFY PC and LEA;
3. RETURN file to receIving
SeCtIOn