Description
As explained and emphasized by the Supreme Court, it resolved to recognize the authority of the Department of Justice to promulgate its 2024 DOJ-National Prosecution Service Rules on Preliminary Investigations and Inquest Proceedings (2024 DOJ-NPS Rules). It must be stressed that the promulgation of the DOJ-NPS Rules would not ipso facto repeal Rule 112 of the 2000 Rules. It is settled that only the Supreme Court could repeal Rule 112 of the 2000 Rules, but to remove the impediment that the present Rule 112 seems to impose upon the promulgation of the DOJ-NPS Rules, and in recognition of the DOJ’s authority to promulgate its own rules on preliminary investigation, as ruled by the Supreme Court, the repeal of the pertinent provisions under Rule 112 of the 2000 Rules inconsistent with the DOJ-NPS is warranted.
