THE PILLAR OF PROSECUTION

What is a prosecution?
in criminal law, the government attorney charging and trying the case
against a person
accused of a crime.
a common for the governments side in a criminal case, as in the
prosecution will present five (5) witnesses or the prosecution rests
(completed its case)

PROSECUTION PROCESS
The investigation and prosecution of all cases involving violations of
penal laws are lodged with the Department of Justice (DOJ), through its
National Prosecution Service (NAPROSS). The DOJ is headed by the Secretary
of Justice with three Undersecretaries assisting him. Aside from being the
prosecution arm of the government, the DOJ shall have the following powers
and functions:
a. Act as principal law agency of the government and as legal counsel
and representative
thereof, whenever so required;
b. Administer the probation and correction system;
c. Extend free legal assistance/ representation to indigents and poor
litigants in criminal
cases and noncommercial civil disputes;
d. Preserve the integrity of land titles through proper registration;
e. Investigate and arbitrate untitled land disputes involving small
landowners and
members of indigenous cultural communities;
f. Provide immigration and naturalization regulatory services and
implement the laws
governing citizenship and the admission and
stay of aliens;
g. Provide legal services to the national government and its
functionaries, including
government owned or controlled
corporations and their subsidiaries; and
h. Perform such other function as may be provided by law. It consists
of the following
constituent units:

THE FOLLOWING ARE CONSTITUENTS UNITS OF PROSECUTION PROCESS

1. Department proper;
2.Office of the Government Counsel;
3.National Bureau of Investigation;
4.Public Attorneys Office;
5.Board of Pardons and Parole;
6.Parole and Probation Administration;
7.Bureau of Corrections;
8.Land Registration Authority;
9.Bureau of Immigration; and
10. Commission on the Settlement of Land Problems.
The National Prosecution Service (NAPROSS), is with the Department
Proper which is under the control and supervision of the Secretary of Justice.
It is composed of the Prosecution Staff in the Office of the Secretary of Justice
headed by the Chief State Prosecutor, the Regional State Prosecution Offices
headed by Regional State Prosecutors, and the Provincial and City
Prosecution Offices headed by the Provincial Prosecutor and City Prosecutor,
respectively.
The Prosecution Staff or State Prosecutors perform the following functions:
a. Investigate administrative charges against prosecutors and other prosecution
officers;
b. Conduct the investigation and prosecution of all crimes;
c. Prepare legal opinions on queries involving violations of the Revised Penal Code
and
special penal laws;
d. Review appeals from the resolutions of prosecutors and other prosecuting officers
in
connection with criminal cases handled by them.

The Regional State Prosecutors have the following functions:

a. Implement policies, plans, programs, memoranda, orders, circulars and rules and
regulations of the
DOJ relative to the investigation and prosecution of criminal cases in his region;
b. Exercise immediate administrative supervision over all Provincial and City
Prosecutors and
other prosecuting officers of provinces and cities comprised within his region;
c. Prosecute any case arising within the region.

The Provincial and City Prosecutors have the following functions:

a. Be the law officer of the province or city, as the case may be. He shall
charge of the
prosecution of all crimes, misdemeanors and violations of city or municipal
ordinances in
the courts of such province or city and shall therein discharge all the
duties incident to the
institution of criminal prosecutions;

b. Investigate and/or cause to be investigated all charges of crimes,

misdemeanors and
violations of all penal laws and ordinances within their respective
jurisdictions and have the
necessary information or complaint prepared or made against the persons
accused. In the
conduct of such investigations, he or his assistants shall receive the sworn
statements or
take oral evidence of witnesses summoned by subpoena for the purpose;
c. Investigate commissions of criminal acts and take an active part in the
gathering of relevant
evidence. For this purpose, the National Bureau of Investigation, Philippine
National Police
and other offices and agencies of the government shall extend to him the
necessary
assistance;
d. Act as legal adviser of the municipality, and municipal district of the
provinces or the
provincial or city government and its officers or of the city. As such, he shall,
when so
requested, submit his opinion in writing upon any legal question submitted to
him by any
such officer or body pertinent to the duties thereof; and
e. Assist the Solicitor General, when so deputized in the public interest, in
the performance of
any function or in the discharge of any duty incumbent upon the latter,
within the territorial
jurisdiction of the former, in which cases, he shall be under the control and
supervision of
the Solicitor General with regard to the conduct of the proceedings assigned
to him and
render reports thereon.

Who are deemed prosecutors?

A prosecutor is a lawyer who works for a state or government
organization and is responsible for starting legal proceedings and then
proving in court that the suspect committed the crime hes accused of.
The opposite of a prosecutor is a defense attorney. So on that TV crime
drama, the prosecutor is the one trying to put the bad guy in jail, and
the defense attorney is the one trying to prove that the guy really isnt
a bad guy.
Who are Public Defense Lawyers?
A public defender is a lawyer appointed to represent people who
cannot afford to hire an attorney. It is also a literal translation of the
Spanish-language term abogado de oficio.
The members of the NAPROSS are selected from among qualified and
professional trained members of the legal profession who are of proven
integrity and competence and have been in the actual practice of the legal
profession for at least five years prior to their appointment or have held
during like period, any position requiring the qualifications of a lawyer. They
shall be appointed by the President of the Philippines upon recommendation
of the Secretary of Justice. Once appointed, prosecutors are required to
attend seminars, lectures, convention and continuing legal education to
enhance their skills in investigation and trial works. They enjoy a security of
tenure because they can be removed from office only for a cause.Their
appointments
appointed them is no longer in power, they shall still remain in office. In the discharge of their
duties, prosecutors are guided by their Credo and the constitutional mandate that a public
office is a public trust and public officers and employees must at all times accountable to the
people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with
patriotism and justice and lead modest lives.
The prosecution process starts the moment the law enforcer, the complainant or public officer in
charge of the enforcement of the law alleged to have been violated files a case against a
suspected criminal. With such filing, preliminary investigation will set in and the second stage in
the life of a criminal action is now in progress.
The first stage is the police investigation. Preliminary investigation is the stage at which the
public prosecutor evaluates the finding of the police or the evidence submitted directly by a
complainant or public officer in charge of the enforcement of the law alleged to have been
violated, to determine if prosecution of the suspect in court is warranted.

PRELIMINARY INVESTIGATION

Officers empowered to conduct preliminary investigation:

a. Judges of the Municipal Trial Courts;
b. Judges of the Municipal Circuit Trial Courts;
c. National and Regional State Prosecutors;
d. Provincial or City Prosecutors; and
e. Such other officials that maybe authorized by law like the Tanodbayan,
COMELEC lawyers
and the Municipal Mayor in the absence of the Municipal Judge.
Purposes/Objectives of Preliminary Investigation
a. To protect the innocent against hasty, oppressive and malicious prosecution.
b. To secure the innocent from an open and public accusation of trial, from the
trouble expense
and anxiety of public trial; and
c. To protect the State from useless and expensive trials (Trocio v. Manata, 118
SCRA 241).

What is a preliminary investigation?

Rules of Court define preliminary investigation as an inquiry on proceeding for the
purpose of determining whether there is sufficient ground to engender a well founded
belief that a crime cognizable by the Regional Trial Court has been committed and that
respondent is probably guilty thereof, and should be held for trial.
A preliminary investigation is an important substantive right of persons suspected of
crimes, the deprivation of which is tantamount to a deprivation of due process of law. It
is designed against hasty and malicious prosecutions.Prosecutor is not without any
remedy. He may file an appeal to the Secretary of Justice within fifteen days from
receipt of the questioned resolution.

Preliminary investigations may be conducted by the public prosecutors or

judges of the Municipal Circuit Trial Courts. The procedures in the conduct of
a preliminary investigation are as follows:
1. Filing of complaint and affidavits of witnesses by the police, complainant
or public officer in
charge of the enforcement of the law alleged to have been violated;
2. Personal examination of affiants by the investigating prosecutor;
3. Preliminary action by investigating prosecutor:
a. Dismiss the complaint if he finds no cause to continue with the
inquiry.
b. Issue subpoena to respondent requiring him to submit a counteraffidavit.
However, if
no such counter-affidavit is submitted, the investigating prosecutor shall
resolve the case
on the basis of the evidence submitted by the police, public officer or
complainant. If a
counter-affidavit is submitted but there are matters which need clarification,
the
investigating prosecutor may set a hearing to propound clarification
questions.
4. Preparation of resolution. Based on the evidence presented, the
investigating prosecutor
may:
a. Prepare information if he finds cause to hold the respondent for
trial. An information
is an accusation in writing charging a person with an offense subscribed by
the fiscal
and filed with the court.
b. Otherwise, recommend the dismissal of the complaint.
However, in both cases, the approval of the Provincial or City
Prosecutor or the Chief State Prosecutor of such recommendation is
necessary. As regards offenses within the jurisdiction of Municipal Trial
Courts, no preliminary investigation is required by law. All that the public
prosecutor is required to do is:

to examine the complaint and supporting affidavit

topersonally satisfy himself that the affiants voluntarily executed and
understood their affidavits and that the suspect has probably
committed the offense charged.

This examination and determination he does ex parte, i.e., without notice to

and in the absence of the suspect. He then files the information directly with

the court. At the preliminary investigation of a crime cognizable by a

Regional Trial Court.

The following are the respondents rights during the preliminary investigation:
(1) To have notice of the investigation and to have a copy of the complaint,
affidavits and other supporting documents;
(2)To submit a counter-affidavit and other supporting documents within ten
days from notice;
(3)To examine all other evidence submitted by the complainant;
(4) To be afforded an opportunity to be present at any hearing at which
clarification of certain matters is to be made and submit questions to the
investigating officer for the purpose.
It bears emphasis that aside from a preliminary investigation, there is
another type of investigation which a prosecutor may conduct, and this is
what we call inquest investigation, which is an informal and summary
investigation conducted by a public prosecutor in criminal cases involving
persons arrested and detained without the benefit of a warrant of arrest for
the purpose of determining whether or not said persons should remain under
custody and correspondingly be charged in court.
Three systems of Criminal procedure
Accusatorial
The adversarial system or adversary system is a legal system
used in the commonlaw countries where two advocates represent their
parties' positions before an impartial person or group of people, usually
a jury or judge, who attempt to determine the truth of the case. It is in
contrast to the inquisitorialsystem used in some civillaw.
Inquisitorial
An inquisitorial system is a legal system where the court or a part of
the court is actively involved in investigating the facts of the case, as
opposed to an adversarialsystem where the role of the court is
primarily that of an impartial referee between theprosecution and
the defense. Inquisitorial systems are used in some countries with civil
legal systems
Mixed
Mixed - is a combination of the inquisitorial and accusatorial system.
The examination of defendants and other persons before the filing of
the complaint or information is inquisitorial.

The judicial setup in the Philippines is accusatorial or adversary in nature. It

contemplates two contending parties before the court, which hears them
impartially and renders judgement only after trial.
Video Presentation (Interview) . . .

THE COURTS PILLAR

The court plays a dual role in the Philippine Criminal Justice System as
participants and supervisor of the latters process and dissention. In its role
as participants, the court determines for the guilt or innocence of the
accused.
The courts are responsible for the trial process. As supervisor, the
court acts as important guardian of human rights.
TERMINOLOGIES
Court is governmental body officially assembled under authority of law at
the appropriate time and place for the administration of justice through which
the state enforces its sovereign rights and power (21 CJS, 16)
Jurisdiction the authority to hear and determine a cause (Herrera vs.
Barreto&Joaquin)
Venue is the site or location where the case is to be tried on the merits.
Bail is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before
any court as required under the conditions hereinafter specified. Bail maybe
given in the form of corporate surety, property bonds, cash deposit or
recognizance (Sec. 1, Rule 114)
1. Judgment is the adjudication by the court that accused is guilty or
not guilty of the offense charged, and the imposition of the proper
penalty and civil liability provided for by law on the accused (Sec. 1,
Rule 120)

COURT ORGANIZATION

Supreme Court - often referred to as the court of Last Resort. It renders

final judgment on constitutional and other important issues and questions of
law.
Court of Appeals This court generally exercises appellate jurisdiction over
decisions of interior courts not otherwise falling within the appellate
jurisdiction of the Supreme Court.
Regional Trial Court - There are Regional Trial Court in various types of the
country. Regional Trial Court exercise exclusive original jurisdiction in civil
cases as describe in Sec. 19 Chapter II of the Batas Pambansa 129 (judiciary
Reorganization Act of 1980) and in criminal cases not within the exclusive
jurisdiction of any court, tribunal or body, except those falling under of a
court renders unnecessary any very frequent exercises of its powers. The
fact that it operates by known rules and with reasonably predictable results
leads those who might otherwise engage in controversy to compose their
differences. (The New Encyclopedia Britannica, Vol.,22, Macropedia, Page
480)
DIFFERENT COURTS IN THE PHILIPPINES
1. The Supreme Court

2. Court of Appeals
3. Regional Trial Courts
4. Inferior Courts
5. Sandiganbayan
6. Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial Court
7. Sharia Courts
The Supreme Court It shall be composed of a Chief Justice and fourteen
(14) Associate Justice and may sit either en banc or its discretion, in division
of three, five or seven members. Any vacancy shall be filled within ninety
days from occurrence thereof (Sec. 4, par. (1), Art. VIII, New Philippine
Constitution (1987)
The Supreme Court shall have administrative supervision over all courts and
the personnel thereof (Sec. 6, Art. VIII, ibid) Likewise the Supreme Court an
banc shall have the power to discipline judges of lower courts on order their
dismissal by a vote of a majority of the Members who actually took part in
the deliberation on the issues in the case and voted thereon. (Sec. 11, Art.
VIII, ibid)
Court of Appeals it shall be composed of a Presiding Justice and fifty Associate
Justices who
shallbe appointed by the President of the Philippines(Sec. 3, B.P. Blg. 129 as
amended by Exec. OrderNo. 33)

Regional Trial Courts There arethirteen Regional Trial Courts one for each judicial
region.
The so called Inferior Courts There shall be created a Metropolitan Trial Court in
each Metropolitan areas established by law, a Municipal Trial Court in each of
the other cities or municipalities, and a Municipal Circuit Trial Court in each
circuit comprising such cities and/or municipalities as are grouped together
pursuant to law (Sed. 25, BatasangPambansaBlg. 129)
Sandiganbayan a Special Court tasked to handle criminal cases involving graft
and corruption and other offenses committed by public officers and
employees to connection with the performance of their function or the socalled service-connected duties. The Sandiganbayan was created under
Presidential Decree No. 1606 pursuant to Section 5, Article XIII of the 1973
Constitution, is a special court which has jurisdiction over criminal and civil
cases involving graft and corrupt practices and other offences committed by
public officers and employees in relation to their offices.
Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial
Court
Metropolitan Trial Court is created in each metropolitan area established by law. A
Municipal Circuits Trial Court is established in each area defined as a
municipal circuit, comprising of one or more cities and/or more
municipalities. A Municipal Trial Court is created in each of the Municipalities
that are not comprised within a municipal area and a municipal circuit.The
Metropolitan Trial Court, the Municipal Circuit Trial Court and the Municipal
Trial Courts have exclusive original jurisdiction, among others, over all
violations of city or municipal ordinances committed within their respective
territorial jurisdiction and all offenses punishable with imprisonment of not to
exceed four(4) years and two (2) months, or a fine of not more than four
thousand pesos (4000) both such fine and imprisonment regardless of other
imposable accessory or other penalties.
Sharia Courts The Sharia Courts are equivalent to Regional Trial Courts
but are found in some
Provinces in Mindanao where the Muslim Code on
Personal Laws is enforced.

ROLE OF THE COURT

1.

In its capacity as participant, the court must decide the culpability or

innocence of the accused after careful examinations of the records of
the case after its trial on the merit. If the, prosecution successfully
proves the guilt of the accused beyond reasonable doubt. The court
has no option but to render a decision convicting the accused. On
the other hand, if the prosecution fails to show the guilt of the
accused for insufficiency of evidence he would be exonerated or
acquitted and or release from prison if he is under detention unless
he has another pending case where he fails to post bail for his
provisional release.

2.

As a supervisor, the court has a noble mission as a protector of human

rights. These rights refer to those rights which are inherent in our
nature and without which we cannot live as human beings (p. 4
Human Rights Questions and Answers, United Nations, New York,
1987). The main function of the courts is to promote justice in order
to obtain peace, satisfaction and happiness of the citizenry. Corollary
to this, the judge should exhibit impartially in his decision to the
contentment of all litigants.

COURTS FUNCTION
1. Keeping Peace The Primary functions of any court system in any nation
to help keep domestic peace is so obvious that it is rarely considered
or mentioned. If there were no agency to decide impartially and
authoritatively whether a person had committed a crime and if so, what
should be done with him, other person offended by his conduct would take
the law into their own hands and proceed to punish him according to their
uncontrolled discretion.
If there were no agency empowered to decide private disputes and
authoritatively, self-help, quickly degenerating to physical violence, would
prevail and anarchy would result. Not even a primitive society could survive
under such conditions. As social order would be destroyed. In this most
basic sense, courts constitute an essential element in societys machinery for
keeping peace.
2. Deciding Controversies in the course of helping to keep the peace, courts
are called upon to decide controversies. If, in a criminal case, the defendant
denies committing the acts against him, the court must choose between his
version of the facts and prosecutions, and if he asserts that his conduct did
not constitute a crime, the court must decide whether his view of the law or
the prosecutions is correctThe issues presented to, and decided by the
court maybe either factual, legal or both.

3. Administrative Role it would be a mistake, however, to assume that

courts spend all of their time deciding controversies. Many cases brought
before them are not contested. They represent potential, rather than actual,
controversies in which the courts role is more administrative than
adjudicatory. The mere existence, the exclusive and concurrent jurisdiction
of the Sandiganbayan.

THE JUDICIAL PROCESS

If the preliminary investigation results in the finding that a crime has been
committed and the suspect is probably guilty thereof, the public prosecutor
will file the corresponding information in the proper court; thus, activating
the judicial process.
The case shall then be set for arraignment which is the first stage of a
criminal action. It consists of the reading of the information or criminal
complaint in court to the accused in open court.

What is an arraignment?
A criminal proceeding at which the defendant is officially called before a
court
competent jurisdiction, informed of the offense charged
in
the
complaint, information, indictment, or other charging document, and asked
to enter a plea of guilty, not guilty, or as otherwise permitted by law.
Depending on the jurisdiction, arraignment may also be the proceeding at
which the court determines whether to set bail for the defendant or release
the defendant on his or her own.
The accused is then asked how he pleads. The accused may plead guilty or
not guilty to the offense charged. If he refuses to plead, a plea of not guilty
will be entered for him. If the accused pleads guilty, the court shall sentence
him to the corresponding penalty if it is satisfied of the voluntariness of the
plea, and otherwise, of the guilt of the accused. If the accused pleads
notguilty, the case is set for pre-trial and/or trial. The pre-trial shall consider
the following matters:
1.
2.
3.
4.
5.

Plea bargaining;
Stipulation of facts;
Marking for identification of evidence of the parties;
Waiver of objections to admissibility of evidence; and
Such other matters as will promote a fair and expeditious trial.

No agreement or admission during the pre-trial shall be used in evidence

against the accused unless reduced in writing and signed by him and his
counsel. After the pre-trial stage, trial follows. The prosecution commences
the presentation of evidence, followed by the accused. Prosecution may
present rebuttal evidence. The parties may also present written arguments
or memoranda after which the case is deemed submitted for decision.
The law secures to every accused the following rights during trial:
a. To be presumed innocent until the contrary is proved beyond reasonable
doubt;
b. To be informed of the nature and cause of the accusation against him;
c. To be present and defend in person and by counsel at every stage of the
proceedings, from the arraignment to the promulgation of judgment. The
accused may, however, waive his presence at the trial pursuant to the
stipulations set forth in his bail bond, unless his presence is specifically

ordered by the court for purposes of identification. The absence of the

accused without any justifiable cause at the trial or a particular date of which
he had notice shall be considered a waiver of his right to be present during
that trial. When an accused under custody had been notified of the date of
the trial and escapes, he shall be deemed to have waived his right to be
present on said date and on all subsequent trial dates until custody is
regained. Upon motion, the accused my be allowed to defend himself in
person when it sufficiently appears to the court that he can properly protect
his rights without the assistance of counsel;
d. To testify as a witness in his own behalf but subject to cross-examination
on matters covered by direct examination. His silence shall not in any
manner prejudice him;
e. To be exempted from being compelled to be a witness against himself;
f. To confront and cross-examine the witnesses against him at the trial.
Eitherparty may utilize as part of its evidence the testimony of a witness who
is deceased, out of or cannot with due diligence be found in the Philippines,
unavailable or otherwise unable to testify, given in another case or
proceeding (judicial or administrative) involving the same parties and subject
matter, the adverse party having had the opportunity to cross-examine him;
g. To have compulsory process issued to secure the attendance of witnesses
and production of other evidence in his behalf;
h. To have a speedy, impartial and public trial; and
i. To have the right of appeal in all cases allowed and in the manner
prescribed by law. After the reception of the contending party pieces of
evidence, the case is now submitted for decision which the court must
render within ninety days after trial.
If the court acquits the accused because in its view he is innocent or his guilt
is not proven beyond reasonable doubt, the case is definitely ended. Appeal
by the prosecution is barred by the principle of double jeopardy.
What is double jeopardy?
Double jeopardy is a procedural defense that forbids a defendant from
being tried again on the same (or similar) charges in the same case following
a legitimate acquittal or conviction.
On the other hand, if it convicts the accused because in its view his guilt of
the crime charged has been established beyond reasonable doubt, the latter
may move for a new trial or reconsideration which may be based on either of
the following grounds:
a. That errors of law or irregularities have been committed during the trial
prejudicial to the substantial rights of the accused;
b. That new and material evidence has been discovered and produced at the
trial, and which, if introduced and admitted, would probably change the
judgement.

The motion for reconsideration may be based on the errors of law or fact in
judgment. In lieu of moving for new trial or reconsideration or after denial of
such motion, the convicted accused may appeal to the Court of Appeals or
the Supreme Court within the time fixed by law. If the appeal of the
convicted accused is unsuccessful and his conviction is affirmed, the case
will be remanded to the court of origin for the execution of the judgement.
The latter court will set a date for the accused to present himself for the
enforcement of the judgement. At the time thus appointed, the court will
issue an order of commitment and the accused is passed on the next
component.

Thank you!!!