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    3 - Prosecution Pillar

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    James Ayao
    The document discusses the prosecution pillar and role of prosecutors. It describes the functions of prosecutors which include conducting investigations and representing the state in court. It also outlines the different prosecution agencies and their roles, as well as the prosecutorial processes like preliminary investigation and plea bargaining.

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    3 - Prosecution Pillar

    Uploaded by

    James Ayao
    37 views36 pages
    The document discusses the prosecution pillar and role of prosecutors. It describes the functions of prosecutors which include conducting investigations and representing the state in court. It also outlines the different prosecution agencies and their roles, as well as the prosecutorial processes like preliminary investigation and plea bargaining.

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    © © All Rights Reserved

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    The document discusses the prosecution pillar and role of prosecutors. It describes the functions of prosecutors which include conducting investigations and representing the state in court. It also outlines the different prosecution agencies and their roles, as well as the prosecutorial processes like preliminary investigation and plea bargaining.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    37 views36 pages

    3 - Prosecution Pillar

    Uploaded by

    James Ayao
    The document discusses the prosecution pillar and role of prosecutors. It describes the functions of prosecutors which include conducting investigations and representing the state in court. It also outlines the different prosecution agencies and their roles, as well as the prosecutorial processes like preliminary investigation and plea bargaining.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 36

    ROWENA E.

    MOJARES
    Faculty member
    College of Criminal Justice Education
    Lyceum of the Philippines University

    PROSECUTION PILLAR
    PROSECUTION

     It is the institution or continuance of a criminal


    suit involving the process of exhibiting formal
    charges an offender before a legal tribunal and
    pursuing to final judgment on behalf of the
    state or government.
    PROSECUTION

     It is the process or method whereby


    accusations are brought before a court of
    justice to determine the innocence or guilt of
    the accused.
    FUNCTIONS OF PROSECUTORS

     To conduct preliminary investigation


     To make proper recommendations during the
    inquest of the case referred to them by the
    police after investigation of a suspect.
     To represent the government or the state
    during the prosecution of the case against the
    accused in the absence of a private prosecutor
    under his supervision and control.
    FUNCTIONS OF PROSECUTORS

     To act as law officer of the province or city in


    the absence of legal officer, and his legal
    adviser of all political instrumentality and their
    officials.

     To investigate administrative cases filed


    against the state prosecutor, provincial city
    prosecutor.
    AGENCIES COMPRISING PROSECUTORIAL
    FUNCTION
     National Prosecution Service (NPS)

     Office of the Special Prosecutor

     Office of the Ombudsman

     Judge Advocates General’s Office


    NATIONAL PROSECUTION SERVICE

     Main prosecution arm of the government

     Under the supervision and control of DOJ


    NATIONAL PROSECUTION SERVICE

     Nationwide organization:
     State prosecutors
     Regional prosecutors

     Provincial prosecutors

     City/ municipal prosecutors


    NATIONAL PROSECUTION SERVICE

     Mandated to maintain and uphold the rule of


    law through the effective and expeditious
    delivery of prosecutorial services in order to
    enhance peace and order.

     NPS are tasked to investigate and prosecute all


    criminal offenses
    NATIONAL PROSECUTION SERVICE

     Also exercise the following functions:


     Investigates, resolves or recommends disciplinary action
    on all administrative cases against their members
     Renders opinions or queries from Prosecutors

     Acts as Vice-chair of Board of Canvassers of the Comelec

     Acts as Law officer of the province or city in the absence


    of a legal officer and legal adviser
     Acts as a Registrar of Deeds in the absence of proper
    authority
     Represents the office of the solicitor general and
    deputized Special Prosecutor of the Ombudsman and
    Comelec
    OTHER PROSECUTION BODIES
     Office of the Ombudsman
     Has primary jurisdiction to
    conduct preliminary
    investigation and
    prosecution of all cases
    cognizable by the
    Sandiganbayan.
     Samuel Reyes Martires,
    the sixth Ombudsman of
    the Republic of the
    Philippines,
    POWERS, FUNCTIONS AND DUTIES
     1. Investigate and prosecute on its own or on
    complaint by any person, any act or omission of any
    public officer or employee, office or agency, when
    such act or omission appears to be illegal, unjust,
    improper or inefficient. It has primary jurisdiction over
    cases cognizable by the Sandiganbayan and, in the
    exercise of his primary jurisdiction, it may take over, at
    any stage, from any investigatory agency of
    Government, the investigation of such cases (Sec.
    15(1) R.A. No. 6770; see also Sec. 13(1), Article XI,
    1987 Constitution);
    POWERS, FUNCTIONS AND DUTIES
     2. Direct, upon complaint or at its own
    instance, any officer or employee of the
    Government, or of any subdivision, agency or
    instrumentality thereof, as well as any
    government-owned or controlled corporations
    with original charter, to perform and expedite
    any act or duty required by law, or to stop,
    prevent, and correct any abuse or impropriety
    in the performance of duties (Sec. 15(2) R.A.
    No. 6770; Sec 13(2) Article XI, 1987
    Constitution);
     3. Direct the officer concerned to take
    appropriate action against a public officer or
    employee at fault or who neglects to perform
    an act or discharge a duty required by law, and
    recommend his removal, suspension,
    demotion, fine, censure, or prosecution, and
    ensure compliance therewith; or enforce its
    disciplinary authority as provided in Section 21
    or this Act:
     Provided, That the refusal by any officer without
    just cause to comply with an order of the
    Ombudsman to remove, suspend, demote, fine,
    censure, or prosecute an officer or employee
    who is at fault or who neglects to perform an
    act or discharge a duty required by law shall be
    ground for disciplinary action against said
    officer (Sec. 15(3) R.A. No. 6770; see also Sec
    13(3), Article XI, 1987 Constitution);
     4. Direct the officer concerned, in any
    appropriate case, and subject to such
    limitations as it may provide in its rules of
    procedure, to furnish it with copies of
    documents relating to contracts or transactions
    entered into by his office involving the
    disbursement or use of public funds or
    properties, and report any irregularity to the
    Commission on Audit for appropriate action
    (Sec. 15(4) R.A. No. 6770; see also Sec. 13(4),
     5. Request any government agency for
    assistance and information necessary in the
    discharge of its responsibilities, and to
    examine, if necessary, pertinent records and
    documents (Sec. 15(5), R.A. No.6770; see also
    Sec. 13(5), Article XI, 1987 Constitution);
    OTHER PROSECUTION BODIES

     Judge Advocate General Services, AFP


     General courts martial are given jurisdiction to try
    military members and all persons subject to
    military law under Art. 2 of the Articles of War
    Colonel Marian C. Aledio was
    appointed as the military's new chief
    legal adviser, replacing Brigadier
    General Gilberto Jose Roa
    OTHER PROSECUTION BODIES

     Comelec
     Through its duly
    authorized legal
    officers have the
    exclusive power to
    conduct preliminary
    investigation of all
    election offenses and
    to prosecute the
    same.
    OTHER PROSECUTION BODIES

     Special Counsels/ Special Prosecutor


     May be designated by the Secretary of Justice
    PROSECUTORIAL DISCRETION

     Filing of a case in court against the accused for


    trial on the merits

     To drop or dismiss the case after conducting


    preliminary investigation for lack of merit or
    insufficiency of evidence
    PROSECUTORIAL DISCRETION

     To enter into agreement with the defense


    counsel for the consideration and approval of
    the court.

     To recommend reduced charges and bail in


    favor of the accused.
    PRELIMINARY INVESTIGATION (PD 911)
     It is an inquiry or 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 the respondent is probably
    guilty thereof.
    OFFICERS EMPOWERED TO CONDUCT
    PRELIMINARY INVESTIGATION

     National and Regional State Prosecutors

     Provincial and City Prosecutors

     Such other officers that may be authorized by


    law
    PURPOSE OF PRELIMINARY INVESTIGATION

     To protect the innocent against hasty,


    oppressive, and malicious prosecution

     To secure the innocent from open and [public


    accusation of trial, from trouble expense and
    anxiety of a public trial.

     To protect the state from useless and expensive


    trials
    IMPORTANT FACTORS THAT INFLUENCE THE
    PROSECUTOR TO CHARGE A PERSON WITH A CRIME

     the legal strength of the case

     the suspect is in fact guilty

     the willingness of the witness/es to testify

     the likelihood that the prosecutor can legally


    prove the defendant’s guilt
    PD 911

     this also empowers the secretary of justice to


    review resolutions of provincial or chief state
    prosecutor without requiring another
    preliminary investigation.
    PROBABLE CAUSE

     It refers to such facts and circumstances


    antecedent to the issuances of the warrant that
    in themselves are sufficient to induce a
    cautious man to rely on them and act in
    pursuance thereof.
    PROBABLE CAUSE

     It consists of a reasonable ground of suspicion


    supported by circumstances sufficiently strong
    in them to warrant a cautious man in believing
    accused to have committed the offense.
    NOLLE

     It is a request made by the court for approval to


    terminate further criminal prosecution against
    a suspect.
    NOLLE PROSEQUI

     It is the prosecutor’s authority to engage in


    plea-bargaining based on his or her ability to
    dismiss charges against a defendant at any
    point short of trial completion.
    OBJECTIVES OF NOLLE

     to reduce case overload


     to reduce court backlog

     to reduce delay in bringing the defendant to


    trial
    PLEA BARGAINING

     It is the process whereby the accused and the


    prosecutor in a criminal case worked out in a
    mutually satisfactory disposition of a case
    subject to court approval.
    PROCESS OF PLEA BARGAINING
     Conceptually, the process of plea bargaining is
    entered into between the prosecutor and the defense
    lawyer before an accused is arraigned. Hence, it can
    be defined as the process of negotiating between the
    defense counsel and prosecutor, aimed at reaching an
    agreement whereby the prosecutor uses discretion to
    obtain from the judge a lighter sentence in exchange
    for the defendant’s entering a plea of guilty.
    PROSECUTOR’S INCENTIVE TO PLEA-
    BARGAINING:
     The incentive to achieve an easy victory

     It is a sign of prosecutorial effectiveness and


    efficiency

     A stepping stone to promotion because of a


    good “batting average” in the number of
    convictions.

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