Practice question
An accused argues that the DOJ circular unconstitutionally takes over the Supreme Court's power to regulate court procedure merely because it governs prosecutors' preliminary investigations. Applying Meking, which distinction is decisive?
- The DOJ now controls all trial procedure
- Executive investigatory rules govern prosecutorial screening, while the Court retains authority over judicial procedure and grave-abuse review
- The Supreme Court no longer has rule-making power
- Preliminary investigation itself enters final judgment
- The DOJ circular cannot be reviewed under any circumstances
Legal references
- Meking v. Remulla, G.R. No. 280455, November 11, 2025, main decision; A.M. No. 24-02-09-SC, May 28, 2024.
- Reviewed primary authority, Main decision, DOJ quantum and executive function: https://lawphil.net/judjuris/juri2025/nov2025/gr_280455_2025.html
- Reviewed primary authority, Court resolution, nature and authority: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/69517
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