DOJ implements policy on recall of weak cases READ MORE:
The first level courts have jurisdiction over criminal cases with a penalty of imprisonment of less than six years.
Justice Secretary Jesus Crispin Remulla issued the guidelines even as he ordered the enforcement of DOJ Circular Nos. 008 and 008-A on the withdrawal of cases.The DOJ said that since probable cause has for a long time been the requirement for the filing of cases in court, the department lamented that “this low burden of proof has brought about a deluge of criminal cases filed in court.”
DOJ prosecutors, under Section 3 of the guidelines, were directed to move for the withdrawal of the cases which are pending in court at any stage and have no considerable movement over a period of three months or more, complainant or his witnesses have repeatedly failed to appear without valid reason despite due notice, or material evidence are not available or can no longer be produced.
Once Section 4 has been done, the guidelines stated that the prosecutor shall “make a report with the inventory of said cases and recommendation to move for the withdrawal or dismissal thereof, and submit the same to the City/Provincial Prosecutor.”
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