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    Chapter 7

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    Gielhene Minear
    This document discusses the prosecution pillar of the Philippine criminal justice system. It describes the objectives and functions of prosecution, including conducting preliminary investigations, representing the government in court, and making recommendations in cases. The preliminary investigation process and prosecutor's discretion are also summarized. Key points covered are determining if a crime occurred, preserving evidence, and establishing probable cause and bail. The document outlines when bail is granted as a right or at the prosecutor's discretion.

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    © All Rights Reserved
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    Chapter 7

    Uploaded by

    Gielhene Minear
    43 views7 pages
    This document discusses the prosecution pillar of the Philippine criminal justice system. It describes the objectives and functions of prosecution, including conducting preliminary investigations, representing the government in court, and making recommendations in cases. The preliminary investigation process and prosecutor's discretion are also summarized. Key points covered are determining if a crime occurred, preserving evidence, and establishing probable cause and bail. The document outlines when bail is granted as a right or at the prosecutor's discretion.

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    This document discusses the prosecution pillar of the Philippine criminal justice system. It describes the objectives and functions of prosecution, including conducting preliminary investigations, representing the government in court, and making recommendations in cases. The preliminary investigation process and prosecutor's discretion are also summarized. Key points covered are determining if a crime occurred, preserving evidence, and establishing probable cause and bail. The document outlines when bail is granted as a right or at the prosecutor's discretion.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    43 views7 pages

    Chapter 7

    Uploaded by

    Gielhene Minear
    This document discusses the prosecution pillar of the Philippine criminal justice system. It describes the objectives and functions of prosecution, including conducting preliminary investigations, representing the government in court, and making recommendations in cases. The preliminary investigation process and prosecutor's discretion are also summarized. Key points covered are determining if a crime occurred, preserving evidence, and establishing probable cause and bail. The document outlines when bail is granted as a right or at the prosecutor's discretion.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 7

    CHAPTER 7

    The Prosecution Pillar


    OBJECTIVES:
    • To know the different function of the
    prosecution
    • To know the process of cases in the
    prosecution pillar

    The prosecution as a Pillar of the Criminal Justice System

    The Prosecution as the pillar of the CJS simply pertains to “a criminal action “.
    Furthermore, is refers to a proceeding instituted and carried on by due course of law,
    before a competent tribunal, for the purpose of determining the guilt or innocence of a
    person charged with a crime.

    It is also used to designate the government as the party to the proceeding in a


    criminal action.

    In a criminal case, it is also referred to as the process by which formal criminal charges
    are brought against a person accused of committing crime.

    Role of the Prosecutor

    The following are some role of the Prosecution

    1. To conduct Preliminary Investigation


    2. To make proper recommendation during the inquest proceeding of the
    case referred to them by the police after the investigation of the suspect
    3. To represent the government or state during the prosecution of the case
    against the accused;
    4. To act as the legal officer of the province or City in the absence of its
    legal officer;
    5. To investigate administrative cases filed against state prosecutors,
    provincial prosecutor, including the support staff of the national
    prosecution service (NPS)

    Philippine Criminal Justice System 1


    Preliminary Investigation

    Is an inquiry or proceeding to determine whether there is sufficient ground to


    engender a well-founded belief that a crime has been committed and the respondent is
    probably guilty thereof and should be held for trial.

    Purpose of Preliminary Investigation

    In general, the preliminary investigation has a three-fold purpose:

    1. To inquire concerning the commission of the crime


    and the connection of the accused with it, in order
    that he may be informed of the nature and
    character of the crime charged against him, and if
    there is probable cause for believing him guilty,
    that the state may take the necessary steps to
    bring him to trial;
    2. To preserve the evidence and keep the witness
    within the control of the state; and
    3. To determine the amount of bail, if the offense is
    bailable

    The Purpose of Preliminary Investigation

    The following are the principal purpose of preliminary investigation:

    1. To determine whether a crime has been committed and whether there


    is a probable cause to believe that the accused is guilty therof;
    2. To secure the innocent against hasty, malicious and oppressive
    prosecution
    3. To protect him from an open and public accusation of a crime , from the
    trouble, expense , anxiety of a public trial
    4. To protect the state from useless and expensive trials.

    Where can there be a Preliminary Investigation

    A preliminary investigation is required to be conducted before the filing of the


    Complaint or Information for an offense where the penalty prescribed by the law is at
    least four (4) years, two (2) months and (1) day without regard to the fine.

    Philippine Criminal Justice System 2


    Persons Authorized to conduct Preliminary Investigation

    The following are the officers authorized to conduct preliminary investigation:

    1. Provincial or City Prosecutor and their assistants;


    2. National and Regional State Prosecutor; and
    3. Other officers as may be authorized by law

    Example of other officers authorized by the law to conduct preliminary


    investigation.

    1. The Ombudsman and special prosecutor and public prosecutor duly authorized
    by the Ombudsman with respect to cases under its jurisdiction (ex. Anti-graft
    and Corrupt Practices Act. Bribery)
    2. The COMELEC with the respect to cases in violation of the Election Law
    3. Private Lawyers when duly deputized by any of the above

    Prosecutors Discretion

    The following are some of the Discretion of Prosecutors:

    1. Whether or not to file the case in the court;


    2. What charges file;
    3. Whether or not to decline to prosecute the arrested party;
    4. Whether or not to enter into plea-bargaining.

    Some Reasons for Prosecutorial Rejection or Dismissal of some Criminal case

    They are the following:

    1. Insufficient evidence that result from a failure to find sufficient physical


    evidence that links the defendant to the offense.
    2. Witness problem that arise for example, when a witness fails to appear
    , gives unclear or inconsistent statements, is reluctant to testify, is
    unsure of identity of the offender.
    3. Due Process Problems that involve the violations of the constitutional
    requirements for seizing evidence and for the questioning of the
    accused.

    Philippine Criminal Justice System 3


    Some of the Factors that may influence Prosecutorial Decisions

    They are the following:

    1. Pressure from the Public.


    2. Pressure from the Media.
    3. The desire to get rid of a suspect who is a particular problem to the
    community.
    4. The belief that new evidence would be discovered and that such
    evidence would be favorable to the suspect.
    5. The nature of the complaint and the attitude of the offended party.
    6. The seriousness of the offense.
    7. The exchange of the relationship among the components of the CJS as
    well as the congestion within and the resource demands placed upon
    the system.

    Bail

    Is the security given for the release of the


    person in the custody of the law, furnished by him or
    the bondsman, to guarantee his appearance before
    any court as required under the conditions as
    specified.

    When bail is a matter of right

    a. At the Municipal Trial Court, Municipal Circuit Trial Courts, Metropolitant Trial
    Court, all persons in custody shall be admitted to bail as a matter of right before
    after conviction.
    b. At the Regional Trial Court, all persons in custody shall be admitted to bail a
    matter of right before conviction of an offense not punishable by death,
    reclusion perpetua or life imprisonment.

    When Bail is Discretionary

    Upon conviction at the Regional Trial Court of an offense not punishable by


    death, reclusion perpetua or life imprisonment, the admission to bail shall be
    discretionary.

    Philippine Criminal Justice System 4


    The one who decides when bail should be granted

    The decision whether or not bail should be granted


    when bail is discretionary is solely a court prerogative based
    on strength of evidence at hand, the gravity of the offense and
    the character or risk that the accused will commit another
    crime or escape, among others

    Posting Bail: Factors for Setting Bail

    To determine what financial dollar figure will be necessary to ensure a defendant's


    appearance at trial, a judge or magistrate examines the nature and circumstances of the
    charges, paying particular attention to whether the offense involves malice, violence or
    other dangers to the community. In setting bail, the court also examines the weight of the
    evidence against the defendant, whether the person is a flight risk, past criminal history,
    and much more.

    Posting Bail: No Bail, and Conditional Bail

    Where a defendant poses an obvious threat to the safety of the community, or


    when the defendant is clearly facing a life sentence if convicted, he or she may be held
    without bail. International defendants and wealthy defendants with international ties are
    often held without bail due to the high flight risk.

    Defendants may also be released on conditions that don't involve money including
    surrendering their firearms, undergoing drug or alcohol testing and/or treatment, checking
    in with a probation officer, and more.

    Posting Bail: Bail Bond Agents

    Once a court has set bail, it must be paid in cash, money order, cashier's check or
    real property equity bond to the Clerk of the Court. Once posted, the court will issue a
    release order to the sheriff holding you in custody.

    If you can't afford to post your own bail, you can hire the services of a commercial
    bail bond agent (bail bondsman). A bond agent will charge a nonrefundable fee, usually
    10 to 20 percent of the total bail. In return, the bail bond agent agrees to pay the remaining
    amount to the court if you fail to appear for your court proceedings.

    Philippine Criminal Justice System 5


    Posting Bail: Penalty for Failing to Appear

    The penalty for failure to appear as required after release is a fine, imprisonment,
    or both. Federal law provides that any term of imprisonment for failure to appear must run
    consecutively to any other criminal sentence. However, if uncontrollable circumstances
    caused the failure to appear, and if the person immediately appeared once it was possible
    to do so, the person will have a valid defense to the failure to appear charge. Once a case
    is over and all obligations have been fulfilled, the bond money is typically returned.
    Sometimes administrative costs are deducted.

    What is the Purpose of Bail?


    After an arrest, a person is arraigned. At this point, the judge may decide to set
    bail. Bail is a way for a defendant to be temporarily released from custody pending the
    outcome of his or her case. It essentially serves as a form of insurance for the court; by
    requiring that defendants secure bail bonds, a Maryland court can receive some measure
    of assurance that they will appear for their next court appearance. If a defendant fails to
    appear, the bail bond is withdrawn and the defendant is returned to custody.

    Bail bonds are essentially an extension of the principle that all suspects are
    innocent until proven guilty. Until a defendant is proven guilty, he or she might avoid the
    punishment of jail while awaiting trial and continuing to carry out daily responsibilities,
    such as going to work and taking care of his or her family. Provided the defendant meets
    all requirements of the bail bond, the money is typically returned at the end of the trial,
    regardless of whether the defendant is found guilty or not guilty. However, if the defendant
    tries to flee the area and skip the trial, he or she forfeits the money used to secure the
    bail bond.

    Different Kinds of Bail

    The following are the kinds of bail bond

    1. Property

    2. Cash

    3. Corporate Surety

    4. Recognizance

    Philippine Criminal Justice System 6


    Reference:

    https://criminal.findlaw.com/criminal-
    procedure/posting-bail.html

    https://www.dominionbailbonding.com/blog/
    2016/08/what-is-the-purpose-of-bail/

    Philippine Criminal Justice System


    (Second Edition) By Atty. Ramil Gabao
    Video Link:

    https://youtu.be/tTE0ZXIXQRE

    https://youtu.be/r_ZdbJVpeJQ

    https://youtu.be/oldBp9C2ZNc

    Philippine Criminal Justice System 7

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