Legal Challenge Filed Against DOJ Department Circular No. 20

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A petition has been filed before the Supreme Court seeking to nullify Department of Justice (DOJ) Department Circular No. 20. The circular directs prosecutors to determine whether there is “reasonable certainty of conviction” before filing charges after preliminary investigation—effectively raising the evidentiary threshold beyond the established standard of probable cause.

According to the petitioner, this new requirement unlawfully expands the DOJ’s authority and encroaches on judicial functions. The Constitution assigns to the courts the power to determine guilt, while preliminary investigation is limited to establishing whether there is sufficient ground to proceed to trial. By requiring prosecutors to assess the likelihood of conviction, the DOJ is seen as preempting the trial process and exercising a function reserved for the judiciary.

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The petition also warns that the circular could restrict access to justice. Complainants with legitimate claims may be denied the opportunity to have their cases heard in court simply because their evidence does not, at the outset, meet a heightened threshold. This, the petitioner argues, undermines the very purpose of preliminary investigation and favors dismissals at the prosecution level rather than letting the courts decide based on a full trial.


The Supreme Court is now asked to rule on whether DOJ Department Circular No. 20 is a valid exercise of administrative discretion or a violation of constitutional limits on prosecutorial power.


@ atty.philjuris

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