DOJ. The Department of Justice office in Manila, December 5, 2023.DOJ. The Department of Justice office in Manila, December 5, 2023.

How much evidence is needed before a case can be filed in court?

2026/03/13 19:24
5 min read
For feedback or concerns regarding this content, please contact us at crypto.news@mexc.com

As far as the Supreme Court (SC) is concerned, there was nothing wrong with the Department of Justice’s (DOJ) move in 2024 to raise the standard of evidence in preliminary investigation.

The SC en banc announced on Wednesday, March 11 that it upheld the validity of DOJ’s Department Circular No. 15, series of 2024, or the 2024 DOJ-National Prosecution Service Rules on Preliminary Investigation and Inquest Proceedings.

This order, issued by then-DOJ Secretary Jesus Crispin “Boying” Remulla, raised the level of evidence in preliminary investigations done by prosecutors from probable cause to prima facie evidence with reasonable certainty of conviction.

In the decision penned by Associate Justice Japar Dimaampao, the en banc dismissed the petition filed by lawyer Hazel Meking, who claimed that the DOJ encroached on the SC’s powers to promulgate rules of pleading, practice, and procedure in courts.

The SC said the DOJ’s circular is a valid exercise of the agency’s authority over prosecutorial processes.

So why is this standard of evidence necessary? How did it change the rules in criminal cases?

Must Read

SC asked to void DOJ circular that raised standard on evidence in cases

Understanding the process

In criminal proceedings, not all legal actions reach the courts because prosecutors are there to decide whether these actions have enough evidence to be brought to a judge or not.

By process, an offended party files a complaint (reklamo) with prosecutors who are working under the Department of Justice’s (DOJ) National Prosecution Service. The filer becomes the complainant (nagrereklamo) and his/her complaint must state the names and addresses of the parties, as well as the date and place where the alleged crime or offense was violated.

A process called preliminary investigation (PI) follows, where the handling prosecutors decide whether the complaint has merits or has enough evidence. PI is “a summary proceeding to determine whether a person should be indicted in court after ascertaining, based on the evidence provided and after case build-up has been conducted.”

The respondent (inirereklamo) will be given due process to answer the allegations against him/her through the filing of necessary affidavits.

After assessing the submissions and evidence, the prosecutors will issue a resolution that will either dismiss the complaint or pursue the legal action against the respondent. If the level of evidence has been met, the prosecutors will indict the respondent or file a case against him/her with a court.

Simply, the threshold or the quantum of evidence is important in preliminary investigations because this dictates whether a charge will reach the courts or not.

Higher level of evidence

In 2024, Remulla issued Department Circular (DC) No. 15 to raise the quantum of evidence needed for preliminary investigation — from probable cause to prima facie evidence with reasonable certainty of conviction. This is to ensure that only cases with enough evidence and can secure conviction will be filed in courts.

The circular also covers inquest proceedings, a special type of preliminary investigation done in warrantless arrests.

Probable cause is defined in Joson vs. Office of the Ombudsman as the “existence of such facts and circumstances as would excite the belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted.” In other words, there is enough reason to believe that a crime has been committed.

But prima facie evidence with reasonable certainty of conviction is much more stringent.

Wa-acon vs. People defines prima facie evidence as “that is not rebutted or contradicted, making it good and sufficient on its face to establish a fact constituting a party’s claim or defense.”

According to Remulla’s circular, prosecutors can only now pursue cases when a prima facie case is established by evidence – including but not limited to testimonial, documentary, and real – that on its own, can warrant a conviction beyond reasonable doubt.

In addition, the threshold is also met when the handling prosecutor is convinced the pieces of evidence presented are:

  • admissible
  • credible
  • “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”.
Preliminary investigation is prosecutors’ duty

In the same year Remulla signed his circular, the SC also issued a resolution penned by Associate Justice Rodil Zalameda that recognized the DOJ’s power to promulgate DC No. 15. The en banc highlighted this in their latest decision that junked Meking’s petition.

According to the SC, the Zalameda ponencia did not only trace the historical development of probable cause as quantum of evidence in preliminary investigations, but also explained why this process is an executive function and not judicial in character.

Based on the 2005 revisions to the Rule of Criminal Procedure, the power to conduct preliminary investigations “has been vested in the exclusive domain of the public prosecutors,” the en banc said.

The SC added that People vs. Navarro also said that PI is an executive function. It also cited Salta vs. CA, where it was explained that the reason why PI is a prosecutorial job is to shield the accused “from needless trials and conserving judicial resources while applying the now-familiar well-founded belief standard.”

“In our jurisdiction, the power to prosecute crimes through the prosecutor is part of the President’s mandate under the Constitution to ensure the faithful execution of laws. Being a purely Executive function, the prosecutor’s power to prosecute includes, but is not limited to, ‘whether, what, and whom to charge,’ due to the many variables inherent in criminal prosecution,” Senior Associate Justice Marvic Leonen said in his concurring opinion.

“[The DOJ circular] 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 High Court explained. – Rappler.com

Market Opportunity
AssangeDAO Logo
AssangeDAO Price(JUSTICE)
$0.00001625
$0.00001625$0.00001625
-0.18%
USD
AssangeDAO (JUSTICE) Live Price Chart
Disclaimer: The articles reposted on this site are sourced from public platforms and are provided for informational purposes only. They do not necessarily reflect the views of MEXC. All rights remain with the original authors. If you believe any content infringes on third-party rights, please contact crypto.news@mexc.com for removal. MEXC makes no guarantees regarding the accuracy, completeness, or timeliness of the content and is not responsible for any actions taken based on the information provided. The content does not constitute financial, legal, or other professional advice, nor should it be considered a recommendation or endorsement by MEXC.
Tags:

You May Also Like

Unprecedented Surge: Gold Price Hits Astounding New Record High

Unprecedented Surge: Gold Price Hits Astounding New Record High

BitcoinWorld Unprecedented Surge: Gold Price Hits Astounding New Record High While the world often buzzes with the latest movements in Bitcoin and altcoins, a traditional asset has quietly but powerfully commanded attention: gold. This week, the gold price has once again made headlines, touching an astounding new record high of $3,704 per ounce. This significant milestone reminds investors, both traditional and those deep in the crypto space, of gold’s enduring appeal as a store of value and a hedge against uncertainty. What’s Driving the Record Gold Price Surge? The recent ascent of the gold price to unprecedented levels is not a random event. Several powerful macroeconomic forces are converging, creating a perfect storm for the precious metal. Geopolitical Tensions: Escalating conflicts and global instability often drive investors towards safe-haven assets. Gold, with its long history of retaining value during crises, becomes a preferred choice. Inflation Concerns: Persistent inflation in major economies erodes the purchasing power of fiat currencies. Consequently, investors seek assets like gold that historically maintain their value against rising prices. Central Bank Policies: Many central banks globally are accumulating gold at a significant pace. This institutional demand provides a strong underlying support for the gold price. Furthermore, expectations around interest rate cuts in the future also make non-yielding assets like gold more attractive. These factors collectively paint a picture of a cautious market, where investors are looking for stability amidst a turbulent economic landscape. Understanding Gold’s Appeal in Today’s Market For centuries, gold has held a unique position in the financial world. Its latest record-breaking performance reinforces its status as a critical component of a diversified portfolio. Gold offers a tangible asset that is not subject to the same digital vulnerabilities or regulatory shifts that can impact cryptocurrencies. While digital assets offer exciting growth potential, gold provides a foundational stability that appeals to a broad spectrum of investors. Moreover, the finite supply of gold, much like Bitcoin’s capped supply, contributes to its perceived value. The current market environment, characterized by economic uncertainty and fluctuating currency values, only amplifies gold’s intrinsic benefits. It serves as a reliable hedge when other asset classes, including stocks and sometimes even crypto, face downward pressure. How Does This Record Gold Price Impact Investors? A soaring gold price naturally raises questions for investors. For those who already hold gold, this represents a significant validation of their investment strategy. For others, it might spark renewed interest in this ancient asset. Benefits for Investors: Portfolio Diversification: Gold often moves independently of other asset classes, offering crucial diversification benefits. Wealth Preservation: It acts as a robust store of value, protecting wealth against inflation and economic downturns. Liquidity: Gold markets are highly liquid, allowing for relatively easy buying and selling. Challenges and Considerations: Opportunity Cost: Investing in gold means capital is not allocated to potentially higher-growth assets like equities or certain cryptocurrencies. Volatility: While often seen as stable, gold prices can still experience significant fluctuations, as evidenced by its rapid ascent. Considering the current financial climate, understanding gold’s role can help refine your overall investment approach. Looking Ahead: The Future of the Gold Price What does the future hold for the gold price? While no one can predict market movements with absolute certainty, current trends and expert analyses offer some insights. Continued geopolitical instability and persistent inflationary pressures could sustain demand for gold. Furthermore, if global central banks continue their gold acquisition spree, this could provide a floor for prices. However, a significant easing of inflation or a de-escalation of global conflicts might reduce some of the immediate upward pressure. Investors should remain vigilant, observing global economic indicators and geopolitical developments closely. The ongoing dialogue between traditional finance and the emerging digital asset space also plays a role. As more investors become comfortable with both gold and cryptocurrencies, a nuanced understanding of how these assets complement each other will be crucial for navigating future market cycles. The recent surge in the gold price to a new record high of $3,704 per ounce underscores its enduring significance in the global financial landscape. It serves as a powerful reminder of gold’s role as a safe haven asset, a hedge against inflation, and a vital component for portfolio diversification. While digital assets continue to innovate and capture headlines, gold’s consistent performance during times of uncertainty highlights its timeless value. Whether you are a seasoned investor or new to the market, understanding the drivers behind gold’s ascent is crucial for making informed financial decisions in an ever-evolving world. Frequently Asked Questions (FAQs) Q1: What does a record-high gold price signify for the broader economy? A record-high gold price often indicates underlying economic uncertainty, inflation concerns, and geopolitical instability. Investors tend to flock to gold as a safe haven when they lose confidence in traditional currencies or other asset classes. Q2: How does gold compare to cryptocurrencies as a safe-haven asset? Both gold and some cryptocurrencies (like Bitcoin) are often considered safe havens. Gold has a centuries-long history of retaining value during crises, offering tangibility. Cryptocurrencies, while newer, offer decentralization and can be less susceptible to traditional financial system failures, but they also carry higher volatility and regulatory risks. Q3: Should I invest in gold now that its price is at a record high? Investing at a record high requires careful consideration. While the price might continue to climb due to ongoing market conditions, there’s also a risk of a correction. It’s crucial to assess your personal financial goals, risk tolerance, and consider diversifying your portfolio rather than putting all your capital into a single asset. Q4: What are the main factors that influence the gold price? The gold price is primarily influenced by global economic uncertainty, inflation rates, interest rate policies by central banks, the strength of the U.S. dollar, and geopolitical tensions. Demand from jewelers and industrial uses also play a role, but investment and central bank demand are often the biggest drivers. Q5: Is gold still a good hedge against inflation? Historically, gold has proven to be an effective hedge against inflation. When the purchasing power of fiat currencies declines, gold tends to hold its value or even increase, making it an attractive asset for preserving wealth during inflationary periods. To learn more about the latest crypto market trends, explore our article on key developments shaping Bitcoin’s price action. This post Unprecedented Surge: Gold Price Hits Astounding New Record High first appeared on BitcoinWorld.
Share
Coinstats2025/09/18 02:30
Ripple pushes urgent XRPL patch — but nodes must trust its new key

Ripple pushes urgent XRPL patch — but nodes must trust its new key

The post Ripple pushes urgent XRPL patch — but nodes must trust its new key appeared on BitcoinEthereumNews.com. Ripple has released its fix for public-facing nodes
Share
BitcoinEthereumNews2026/03/14 03:04
Norwegian Krone hobbles ahead of uncertain Norges Bank decision

Norwegian Krone hobbles ahead of uncertain Norges Bank decision

The post Norwegian Krone hobbles ahead of uncertain Norges Bank decision appeared on BitcoinEthereumNews.com. The Norwegian Krone (NOK) remains in the spotlight ahead of the decisive Norges Bank interest rate decision scheduled for Thursday at 08:00 GMT. The EUR/NOK pair is trading around 11.60, up 0.3% on the day, after hitting 11.54 last week, its lowest level in three months. While the consensus is still for a 25 basis points rate cut to 4.00%, uncertainty remains high, fuelled by persistent core inflation at 3.1% and a solid economic outlook. This meeting, accompanied by the publication of the monetary policy report, could provoke a strong market reaction, as Norges Bank is renowned for its surprise decisions. A monetary dilemma for Norway Norway’s macroeconomic signals are confusing. On the one hand, inflation remains well above the central bank’s 2% target, with a technical adjustment that puts core inflation even closer to 3.5% than officially announced. “Altogether, today’s [inflation] figures were stronger than expected… This raises questions about whether Norges Bank will deliver a cut next week”, wrote Handelsbanken in a note relayed by Reuters, following the publication of Norway’s inflation data last week. The strength of the economy reinforces these doubts. Second-quarter Gross Domestic Product (GDP) grew by 0.6% against expectations of 0.3%, while the latest survey by Norges Bank’s regional network confirmed a stable growth outlook. “The central bank is not facing a continental economy in urgent need of easing,” observes Emil Lundh of MNI Markets, who favors a status quo by the central bank. However, other institutions still consider easing likely. ING believes that “despite sticky inflation and a solid outlook, we are still leaning towards a cut to 4.0%”, stresses FX strategist Francesco Pesole. TD Securities even speaks of a “hawkish cut”, underlining the likelihood of the decision being accompanied by a restrictive outlook to limit the impact on the NOK. The Oil…
Share
BitcoinEthereumNews2025/09/18 03:38