Boying creates ‘integrity’ board to weed out erring fiscals
SIMILAR to the Supreme Court’s (SC) Judicial Integrity Board (JIB), Justice Secretary Jesus Crispin “Boying” Remulla has created the “Prosecution Integrity Board” to look into the misconducts of government prosecutors and recommend sanctions if necessary.
The high court’s JIB is composed of retired justices. It assesses and evaluates disciplinary actions and conducts administrative investigations on judiciary members.
Under Department Circular 027 (2022 NPS Rules on Appeal) dated July 13, 2022, and signed by Remulla, Section 4 read: “There shall be formed a Prosecution Integrity Board to monitor, an audit from time to time and assess the performance of the Prosecutor General, Regional State Prosecutors and Provincial/City Prosecutors in the conduct of the preliminary investigation and/or appeal. This shall be covered by a relevant department circular to be issued by the Office of the Secretary of Justice.”
The other provisions on the 2022 Rules on Appeal shall be as follows:
Section 1. The Office of the Secretary of Justice shall review appeals from resolutions of the Prosecutor General in cases subject to its preliminary investigation as referred to it by various government agencies and from resolutions of the Provincial/City Prosecutors in cases cognizable by the Regional Trial Court.
Section 2. Resolutions of the Provincial/City Prosecutors in cases cognizable by the Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial Court, and Municipal Trial Court in Cities shall be reviewed on appeal by the Prosecutor General in his/her capacity as the Regional State Prosecutor in the National Capital Region and by the Regional State Prosecutors with respect to their respective regions. Cases decided on appeal by the Prosecutor General and by the Regional State Prosecutors under this provision shall be considered final and no longer be appealable to the Office of the Secretary of Justice.
Section 3. Notwithstanding the above, the Secretary of Justice reserves the right to evaluate, in the interest of justice, to afford fair play and prevent the miscarriage of justice, muto proprio or upon written and signed complaint, any resolution of the Prosecutor General, Regional State Prosecutors and Provincial/City Prosecutors. This residual power of review shall conform with the constitutional requirements of due process and will be covered by a relevant department circular to be issued by the Office of the Secretary of Justice.
Section 5. This Circular modifies Department Circular No. 70 dated July 3, 2000, and Department Circular No. 70-A dated July 10, 2000. All provisions of these two circulars and Department Circular No. No. 18 dated March 8, 2017, not inconsistent with this Circular, shall remain in force and effect.
The circular shall take effect 15 days after publication in two newspapers of general circulation and after copies have been furnished to the Office of National Administrative Registrar (ONAR), UP Law Center, University of the Philippines, Diliman, Quezon City.
