DOJ circular raising standards on evidence questioned at SC
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DOJ circular raising standards on evidence questioned at SC
Lawyer Hazel Meking files a petition at the Supreme Court on June 4, 2025 to question Department of Justice Circular No. 20. Adrian Ayalin, ABS-CBN News

MANILA (UPDATED) — Lawyer Hazel Meking filed a petition for certiorari, or review, before the Supreme Court questioning the Department of Justice’s circular requiring prosecutors to determine reasonable certainty of conviction before a complaint is filed in courts.
MANILA (UPDATED) — Lawyer Hazel Meking filed a petition for certiorari, or review, before the Supreme Court questioning the Department of Justice’s circular requiring prosecutors to determine reasonable certainty of conviction before a complaint is filed in courts.
Meking asked the court to annul Department Circular 20 issued by Justice Secretary Jesus Crispin Remulla last year which raised the standards on evidence from determination of probable cause.
Meking asked the court to annul Department Circular 20 issued by Justice Secretary Jesus Crispin Remulla last year which raised the standards on evidence from determination of probable cause.
She said that the policy has a "large impact" on victims.
She said that the policy has a "large impact" on victims.
“Hindi ka makaka-push, hindi ka maka-akyat sa korte,” Meking said.
“Hindi ka makaka-push, hindi ka maka-akyat sa korte,” Meking said.
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(You cannot push, you cannot go to the courts)
(You cannot push, you cannot go to the courts)
The circular 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 circular 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.
It also directs prosecutors to work closely with law enforcement to build up srong cases,
It also directs prosecutors to work closely with law enforcement to build up srong cases,
Meking said she has personally experienced a client being turned down by government prosecutors because of lack of certainty of conviction.
Meking said she has personally experienced a client being turned down by government prosecutors because of lack of certainty of conviction.
“Grabe iyon kasi walang trial, walang evidence presented, walang witnesses, wala pa tayo sa korte, ang magsabi ng certainty of conviction, si judge lang,” Meking said.
“Grabe iyon kasi walang trial, walang evidence presented, walang witnesses, wala pa tayo sa korte, ang magsabi ng certainty of conviction, si judge lang,” Meking said.
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(That was too much. There was no trial, no evidence presented, no witnesses. We didn't reach court. Only the judge can say if there is certainty of conviction)
(That was too much. There was no trial, no evidence presented, no witnesses. We didn't reach court. Only the judge can say if there is certainty of conviction)
Meking said fellow criminal law practitioners across the country have had similar experiences.
Meking said fellow criminal law practitioners across the country have had similar experiences.
"At hindi lang ako, maraming lawyers ang makakapagpatunay na ginagawa talaga ito sa aktwal na buhay sa different cities, different prosecutors," Meking said.
"At hindi lang ako, maraming lawyers ang makakapagpatunay na ginagawa talaga ito sa aktwal na buhay sa different cities, different prosecutors," Meking said.
DOJ spokesperson Mico Clavano said in 2023 when the new policy was announced that "the resources of government [are] wasted when weak cases are filed."
DOJ spokesperson Mico Clavano said in 2023 when the new policy was announced that "the resources of government [are] wasted when weak cases are filed."
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