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Thursday, October 31, 2024

DOJ clarifies ‘conflict of interest’ rules for state prosecutors

Justice Secretary Jesus Crispin Remulla recently issued a new department circular, providing guidelines for state prosecutors with conflicts of interest to ensure impartiality and maintain public trust in the legal system.

His latest directive emphasized the importance of observing ethical standards and professional conduct among lawyers working for the Department of Justice (DOJ), who may have to inhibit in some cases either mandatorily or voluntarily.

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The DOJ said prosecutors are required to abstain from participating in proceedings where conflicts of interest arise or where their impartiality may be questioned. These include familial relationships with involved parties or lawyers, or having issued recommendations subject to review or appeal.

Additionally, prosecutors have the option to voluntarily recuse themselves from proceedings for compelling reasons to prevent miscarriages of justice. In such cases, they must promptly disclose the grounds for recusal and abstain from further involvement.

“I assure the public, especially the parties to the case, that the wheels of justice continue to grind regardless of the prosecutor assigned to your case,” Remulla said, as he emphasized the crucial role of prosecutors in delivering justice without bias.

The circular applies to all prosecutors within the Office of the Secretary of Justice Prosecution Service, Regional Prosecution Offices, and Offices of the Provincial and City Prosecutors. It covers various proceedings, including preliminary investigations, inquests, trials, and petitions for review.

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