MANILA — The Department of Justice (DOJ) on Friday said it would study the case of activist Reina Mae Nasino and 2 others to determine where the prosecution failed in securing a conviction.

Nasino, who lost her daughter Baby River while under detention, and fellow activists Alma Moran and Ram Carlo Bautista were accused of illegal possession of firearms and explosives.

But a Manila court acquitted them due to the "insufficiency of evidence" of the prosecution, noting the conflicting testimonies of the prosecution witnesses and the failure to present the firearms, ammunitions, and explosives seized from them during their arrest in November 2019.

• Manila court acquits Reina Mae Nasino, 2 others due to insufficient evidence

While respecting the ruling, the justice chief said it would prompt the department to do some introspection.

"An acquitttal is an acquittal. But we have to do what we call a post-mortem here. What happened? And why were the cases not built up as they should have been? That’s what we will do now," Remulla told ANC's "Headstart."

"We will study what happened so that we know where the law erred so that it will not be replicated. We really have to build up our cases properly so we will win every case that we prosecute," he said.

The activists have insisted the evidence against them was planted. In a statement, rights group KARAPATAN said their acquittal bolsters this claim.

"The decision of Manila Regional Trial Court Branch 47 Judge John Benedict Medina regarding the case bears out the assertion of the three activists that there [were] no guns or explosives during their arrest, and that the evidence against them were planted," it said.

One of the findings of the court is the inconsistency with respect to where the seized items were recovered — whether on the third floor of the building as the cops claimed or on the second floor as the barangay or village chairwoman said.

For Remulla, the DOJ is already taking steps to address this problem.

He pointed to a new case buildup rule under Department Circular No. 20 where prosecutors are mandated to work with the police in building up a criminal case.

This would require coordination between the two sides in all planned operations.

• New DOJ circular requires prosecutors to take 'active role' in case build-up

Under the previous setup, prosecutors would just wait for evidence and affidavits to be submitted during preliminary investigation and would rule based on the available information.

"The problem that really happened to our criminal justice system before is that the DOJ and many of the prosecutors started behaving like judges. They started behaving as if everything was quasi-judicial and their discretion was always above everything. But that’s not true. We are part of the Executive Department. Our job is to prosecute. Our job is to develop cases," he said.

The DOJ and the Philippine National Police last month started conducting case buildup training with police officers from Metro Manila.

The justice secretary also touted other reforms he initiated, such as raising the level of proof needed before filing criminal cases in court to "reasonable certainty of conviction" from "probable cause."

Department Circular No. 008 defines cases with a "reasonable certainty of conviction" as those which are supported by "prima facie evidence" or evidence that is good and sufficient on its face.

The Rules of Court, meanwhile, define "probable cause" as the "well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial."

• 'Reasonable certainty of conviction': Remulla orders higher standard in filing of criminal cases

These changes, Remulla said, would hopefully restore confidence in prosecutors and law enforcers.

"We’re trying to avoid what the police has been accused of in the past as planting of evidence. We’re trying to veer away from that model where authorities are always vilified. We have to put back the trust of the people in the system that’s why we are doing this," he said.

KARAPATAN, meanwhile, sought to draw attention to the plight of the 3 activists and other political prisoners facing "trumped-up" charges.

"For three years, the three have endured the subhuman conditions at the Manila City Jail, away from their loved ones and their work as human rights defenders - THREE YEARS of their lives in prison for charges they are innocent of. Reina Mae lost Baby River, and had to go through extremely difficult circumstances and cruel treatment in order to be with her child during the wake and burial," it said.

"Such fabricated and baseless charges were likewise heaped on 778 political prisoners, as they continue to face the harsh conditions in jails and the injustice in our justice system. Nearly 300 of them are charged with the very same charges, all propped by the convoluted and false testimonies of police and military, against Nasino, Moran and Bautista," it added.

The rights group called on authorities to release all political prisoners and end "judicial harassment and legal offensives against activists and ordinary folks."

• Reina Mae Nasino visits Baby River a day after release on bail