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In Criminal Law

Philippines: New rules on preliminary investigations and inquests for criminal cases take effect on 31 July 2024

by , and 11 Mins Read

In brief On 16 July 2024, the Department of Justice (DOJ) issued Department Circular No. 015 or the “2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings” (“Rules”). The Rules mark a significant change to the conduct of criminal proceedings in the Philippines, as they supersede the rules on preliminary investigations previously found in the Rules of Court. The Rules cover the procedure for case build-up, preliminary investigation, inquest proceedings (in situations involving warrantless arrests)…

In Criminal Law

Philippines: DOJ Circulars introduce new evidentiary standard for pursuing criminal cases, and new case build-up procedures

by and 6 Mins Read

In brief The Department of Justice (DOJ) issued a series of Circulars that modify criminal procedure in the Philippines, by introducing the “reasonable certainty of conviction” standard when pursuing criminal cases, and implementing procedures that ensure proactive involvement by prosecutors during case build-up. In more detail Through a series of Department Circulars (DC) — DC Nos. 008, 008-A, 016, and 020 series of 2023 — the DOJ made important changes to the process involved in instituting criminal cases in the…

In Prosecution Integrity Board

Philippines: DOJ modifies appeal procedure in preliminary investigations of criminal cases

by and 3 Mins Read

In brief On 13 July 2022, the Department of Justice (DOJ) issued Department Circular No. 27 (“Circular No. 27”), which modifies the appeal process for rulings of prosecutors in the National Prosecution Service (NPS) and creates a Prosecution Integrity Board to monitor, audit, and assess prosecutor conduct in preliminary investigations and appeals. The department circular takes effect on 31 July 2022. In more detail Circular No. 27 modifies the appeal process (via a Petition for Review)…

In Mediation

Philippines: Revised guidelines on court-annexed mediation and judicial dispute resolution in civil cases take effect on 1 March 2021

by and 5 Mins Read

In brief Recent developments The Supreme Court has issued Administrative Matter No. 19-10-20-SC or the 2020 Guidelines for the Conduct of Court-Annexed Mediation (CAM) and Judicial Dispute Resolution (JDR) in Civil Cases (“Revised Guidelines”), which took effect on 1 March 2021. Contents BackgroundHighlights of the Revised GuidelinesActions to consider Background The Revised Guidelines were issued in light of the amendments introduced by the 2019 Amendments to the Rules of Civil Procedure, which took effect on 1 May…