THE Supreme Court is looking to update and modernize the Rules of Criminal Procedure more than two decades since it was last revised.
According to Chief Justice Alexander Gesmundo, among those included in the proposed amendments are clarificatory provisions on the venue for criminal actions involving violations of the Cybercrime Prevention Act of 2012; guidelines which allow the aggrieved party to impute civil liability arising from other sources of obligation, other than delict against the accused, despite the latter’s acquittal; and the express inclusion of other actions pending before administrative bodies, as a possible ground for the invocation of the rules on prejudicial question.
Chief Justice Gesmundo said new provisions are also introduced providing more details to ensure that several rights of the accused, such as the right to bail and the right against unreasonable searches and seizures, are properly safeguarded.
Chief Justice Alexander Gesmundo
He added that in line with the doctrine of separation of powers, the amendments expressly recognize that the prerogative to issue the rules on preliminary investigations lies primarily with the executive department, through the Department of Justice (DoJ).
The DoJ recently issued a department circular laying down the rules on preliminary investigations and inquest proceedings, replacing Rule 112 of the Rules of Court.
Gesmundo emphasized that the Rules of Criminal Procedure “must evolve to reflect the realities of our time, ensuring that they remain potent tools for the fair, transparent and timely delivery of justice to both the accused individuals and the State.”
He pointed out that “technology plays a very significant role in the administration of justice,” adding that “adapting to technology has already become a necessity.”
Gesmundo said the amendments integrate all the relevant jurisprudential doctrines and other pertinent procedural rules for easy reference, to minimize — if not totally eliminate — the confusion.
There are currently different rules applicable to a specific criminal case such as the Revised Guidelines for Continuous Trial of Criminal Cases, the Rule on Cybercrime Warrants, and the Rule on the Use of Body-Worn Cameras in the Execution of Warrants.
Supreme Court Associate Justice Jose Midas Marquez cited the dramatic increase in the number of criminal cases filed before the first- and second-level courts over the past four years.
“From more than 330,000 criminal cases filed in 2019 to an estimated 800,000 in 2023, it is not surprising to see not only the shortcomings, but also the vital avenues for improvement in our judicial capacity, procedural rules, and physical and technological infrastructure,” Associate Justice Marquez said.
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