2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings

The 2024 DOJ-NPS Rules on Preliminary Investigations and Inquest Proceedings, issued by the Philippine Department of Justice, establish updated procedures and policies for the conduct of preliminary investigations and inquest proceedings across all prosecution offices under the National Prosecution Service. These rules require preliminary investigation for offenses punishable by at least six years and one day, emphasizing the need for prima facie evidence with reasonable certainty of conviction before filing charges in court. The rules institutionalize the executive and inquisitorial nature of these proceedings, encourage proactive prosecutorial involvement in case build-up, and introduce digital alternatives such as e-filing and virtual hearings. Prosecutors are authorized to conduct both regular and virtual preliminary investigations, with clear guidelines on the submission of affidavits, timelines, and the handling of motions. Inquest proceedings, including e-inquest, are detailed for cases involving warrantless arrests, ensuring the rights of respondents and the validity of arrests are promptly assessed. The rules set strict periods for resolving cases—60 days for preliminary investigations (extendable in specific instances) and same-day resolution for inquests—and outline remedies such as motions for reconsideration and petitions for review, with finality rules for appeals. The rules take effect 15 days after publication, repeal inconsistent prior issuances, and are to be construed harmoniously with existing laws and the Rules of Court.