107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’

PAPERS

THE ROLE AND FUNCTION OF THE PROSECUTION IN THE

PHILIPPINE CRIMINAL JUSTICE SYSTEM

Alfonso Mark Anthony C.*

INTRODUCTION investigations by Justices of the Peace of
provincial capitals; Act No. 2677,
The criminal justice system, essentially,
prescribing the procedure of appeals of
is the system or process in the
cases originating in the Justice
community by which crimes are
investigated, and the persons suspected
thereof are taken into custody, * State Prosecutor II, National Prosecution
prosecuted in court and punished, if Service, Department of Justice,
found guilty, provisions being made for Philippines.
their correction and rehabilitation. of the Peace Courts to the Supreme
P r ior t o t h e a dven t of Am er ica n Court; Act No. 2709, regarding the
sovereignty in the country, we had the exclusion of an accused to be utilized as a
Spanish law on criminal procedure. The government witness; and Act No. 2886,
Royal Decree of September 4, 1884, by changing the name of the party who
virtue of which the Penal Code in force in should prosecute the criminal action
the archipelago, as amended in from that of “The United States” to “The
accordance with the recommendations People of the Philippines.”
of the Code Committee, and its The Philippine criminal justice system
accompanying law— t h e P r ovis ion a l is composed of five parts or pillars,
La w on Cr im in a l namely, law enforcement, prosecution,
Procedure—were published and applied judiciary, penology, and the community.
in the Philippines pursuant to the Royal
Decree of December 17, 1884. It became I. LAW ENFORCEMENT PROCESS
effective four months after its publication
The law enforcement consists of the
in the Gaceta de Manila. In addition, the
officers and men of the Philippine
compilation of the Laws of Criminal
National Police (PNP), the National
Procedure of 1879 and the Law of
Bureau of Investigation (NBI), and other
Criminal Procedure of 1882 also formed
agencies. When they learn of the
part of our law on the subject.
commission of crimes or discover them,
Du r in g t h e Am er ica n occu pa t ion ,
their duty is to:
General Otis issued General Orders No.
58 on April 23, 1990, which was a. Investigate the crime which may
amended at various times. Some of the take the form of surveillance and
amendments wer e: Act N o. 194, p r ovid observation of suspects, other persons
in g for preliminary investigations; Act and premises; interviewing persons
No. 440, relating to counsels de officio; with knowledge of facts directly or
Act No. 590, providing for preliminary

272
 RESOURCE MATERIAL SERIES No. 53

indirectly connected with t h e offe n s e (3) When the person to be arrested is

; t a k in g p h ot ogr a p h s a prisoner who has escaped from a
(surreptitiously or otherwise); arranging penal establishment or place where
for entrapment; searching premises and h e is ser vin g fin a l ju dgm en t or
persons subject to constitutional and temporarily confined while his case
statutory safeguards; and examining in pending or has escaped while
public and other available records being transferred from one
pertaining to the persons involved and confinement to another.
getting copies of pertinent entries.
Any person who—while in custody or
The police officers, in other words,
otherwise deprived of liberty—is under
collect evidence for use in the
investigation for the commission of an
prosecution of the suspects in the court.
offense, has the following constitutional
This may consist of the testimony of
rights, among others:
witnesses, including invited suspects,
1) He must be informed of his right to
which are invariably taken down in
remain silent and to have
question-and-answer form; writings and
competent and independent
objects, e.g., gun, knife, other weapons
counsel preferably of his own
used in the commission of the crime,
choice. If the person cannot afford
clothing of the victim, etc.
the services of counsel, he must be
provided with one. These rights
b. Arrest suspects by virtue of a
cannot be waived except in
warrant
wr it in g a n d in t h e pr esen ce of
of arrest issued by a judge on the basis of
counsel;
evidence submitted by them or under
2) No torture, force, violence, threat,
circumstances justifying a warrantees
indimidation or any other means
arrest.
which vitiate the free will shall be
The instances when an arrest without
used against him; secret detention
warrant may be lawfully effected by a
places, solitary, in communicado or
peace officer or a private person are as
other similar forms of detention
follows:
are prohibited; and
(1) When in his presence, the person
3) Any confession or admission
to be a r r est ed h a s com m it t
obtained in violation of the
ed, is actually committing or is
foregoing shall be inadmissible in
attempting to commit an offense;
evidence against him.
(2) When an offense has in fact just
been committed, and he has
c. Refer the case and the suspects to
personal knowledge of facts
the Office of the Public Prosecutor or
indicating that the person to be
Municipal Trial Court for preliminary
arrested has committed it; and
investigation or directly to the Municipal
Trial Court for trial and judgment.

273
 107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’
PAPERS

II. PROSECUTION PROCESS g. Provide legal services to the

national gover n m en t a n d it s fu n ct
The investigation and prosecution of
ion a r ies, including government owned
all cases involving violations of penal
or controlled corporations and their
laws are lodged with the Department of J
subsidiaries; and
ustice (DOJ ) through its National
Prosecution Service (NAPROSS).
h. Perform such other function as
The DOJ is headed by the Secretary of J
may be provided by law. It consists of
u st ice wit h t h r ee Un der secr et a r ies
the following constituent units:
assisting him.
(1) Department proper;
Aside from being the prosecution arm
(2) Office of the Government Counsel;
of the government, the DOJ shall have
(3) National Bureau of Investigation;
the following powers and functions:
(4) Public Attorney’s Office;
(5) Board of Pardons and Parole;
a. Act as principal law agency of the
(6) Parole and Probation
government and as legal counsel and r
Administration;
epr esen t a t ive t h er eof, wh en ever so
(7) Bureau of Corrections;
required;
(8) Land Registration Authority;
b . Adm in ist er t h e pr oba t ion a n d (9) Bureau of Immigration; and
correction system; (10) Commission on the Settlement of
Land Problems.
c . E xt en d fr ee lega l a ssist a n ce/ The NAPROSS is with the “Department
representation to indigents and poor lit Proper” which is under the control and
iga n t s in cr im in a l ca ses a n d n on supervision of the Secretary of Justice. It
commercial civil disputes; is composed of the Prosecution Staff in
the Office of the Secretary of J ustice
d. Preserve the integrity of land
headed by the Chief State Prosecutor,
titles
the Regional St a t e P r osecu t ion
through proper registration;
Offices h ea ded by Region a l St a t e P r
osecu t or s, a n d t h e Provincial and City
e. Investigate and arbitrate untitled
Prosecution Offices headed by the
land disputes involving small
Provincial Prosecutor and City
landowners a n d m em ber s of in digen
Prosecutor, respectively.
ou s cu lt u r a l communities;
Th e P r os ecu t ion S t a ff or S t a t e P
f.Provideimmigrationand
r osecu t or s per for m t h e followin g
naturalization regulatory services and
functions:
implement the laws governing citizenship
and the admission and stay of aliens;
a. Investigate administrative
charges against prosecutors and other
prosecution officers;

274
 RESOURCE MATERIAL SERIES No. 53

b. Con du ct t h e in vest iga t ion a b. In vest iga t e a n d/or ca u se t o

nd be in vest iga t ed a ll ch a r ges of cr im
prosecution of all crimes; es, misdemeanors and violations of all
c. Prepare legal opinions on queries penal laws and ordinances within their
involving violations of the Revised Penal respective jurisdictions and have the
Code and special penal laws; and necessary information or complaint
prepared or made against the persons
d. Review appeals from the accused. In the conduct of such
resolutions of prosecutors and other investigations, he or his a ssist a n t s sh a
prosecuting officers in connection with ll r eceive t h e swor n st a t em en t s or t
criminal cases handled by them. a ke or a l eviden ce of witnesses
Regional State Prosecutors have the summoned by subpoena for the purpose;
following functions: c. Investigate commissions of
(1) Implement policies, plans, criminal a ct s a n d t a ke a n a ct ive pa r
programs, memoranda, orders, t in t h e gathering of relevant evidence.
circulars and rules and regulations For this p u r p os e, t h e N a t ion a l Bu r
of the DOJ relative to the ea u of
investigation and prosecution of Investigation, Philippine National Police
criminal cases in his region; and other offices and agencies of the
(2) Exercise immediate administrative gover n m en t sh a ll ext en d t o h im t h
supervision over all Provincial and e necessary assistance;
C i t y P r os e cu t or s a n d ot h e r
prosecuting officers of provinces d . Act a s le ga l a d vis e r of t h e
and cities comprised within his municipality, and municipal district of the
region; pr ovin ces or t h e pr ovin cia l or cit y
(3) Prosecute any case arising within government and its officers or of the city.
the region. As such, he shall, when so requested,
submit his opinion in writing upon any
Provincial and City Prosecutors have
legal question submitted to him by any
the following functions:
such officer or body pertinent to the
duties thereof; and
a. Be the law officer of the province
or city, as the case may be. He shall have
e. Assist the Solicitor General, when so
charge of the prosecution of all crimes,
deputized in the public interest, in the
misdemeanors and violations of city or
performance of any function or in the
municipal ordinances in the courts of
discharge of any duty incumbent upon
such province or city and shall therein
the latter, within the territorial
discharge all the duties incident to the
jurisdiction of the former, in which cases,
institution of criminal prosecutions;
he shall be under the control and
supervision of the Solicit or Genera l wit

275
 107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’
PAPERS

h rega rd t o t he conduct of the patriotism and justice and lead modest

proceedings assigned to him and render lives.”
reports thereon. The prosecution process starts the
moment the law enforcer, the
The members of the NAPROSS are complainant or p u blic officer in ch a r ge
select ed fr om a m on g qu a lified a n d of t h e enforcement of the law alleged to
professional trained members of the have been violated files a case against a
legal profession who are of proven suspected criminal. With such filing,
integrity and competence and have been preliminary investigation will set in and
in the actual practice of the legal the second stage in the life of a criminal
profession for at least five years prior to action is now in progress. The first stage
their appointment or have held during is the police investigation.
like period, any position requiring the Preliminary investigation is the stage
qualifications of a lawyer. at which the public prosecutor evaluates
They shall be appointed by the the finding of the police or the evidence
President of the Philippines upon submitted directly by a complainant or
recommendation of the Secretary of public officer in charge of the
Justice. enforcement of the law alleged to have
On ce a ppoin t ed, pr osecu t or s a r e been violated, to determine if
required to attend seminars, lectures, prosecution of the suspect in court is
convention and continuing legal warranted. The Rules of Court define
education to enhance their skills in preliminary investigation as an inquiry on
investigation and trial works. proceeding for the purpose of
They enjoy a security of tenure determining whether there is sufficient
because they can be removed from office ground to engender a well founded belief
only for a ca u se. Th eir a ppoin t m en t that a crime cognizable by the Regional
s a r e n ot coterminous with the Trial Court has been committed and that
appointing authority, which means that respondent is probably guilty thereof,
even if the President who appointed and should be held for trial.
them is no longer in power, they shall A pr elim in a r y in vest iga t ion is a n
still remain in office. important substantive right of persons
In t h e disch a r ge of t h eir du t ies, suspected of crimes, the deprivation of
prosecutors are guided by their “Credo” which is tantamount to a deprivation of
and the constitutional mandate that “a due process of law. It is designed against
public office is a public trust and public hasty and malicious prosecutions.
officers a n d em p loyees m u s t a t a ll t Preliminary investigations may be
im es accountable to the people, serve conducted by the public prosecutors or
them with utmost responsibility, judges of the Municipal Circuit Trial
integrity, loyalty and efficiency, act with Courts.

276
 RESOURCE MATERIAL SERIES No. 53

The procedures in the conduct of a • Otherwise, recommend the

preliminary investigation are as follows: dismissal of the complaint.
(1) Filing of complaint and affidavits of
However, in both cases, the approval
witnesses by the police,
of the Provincial or City Prosecutor or the
complainant or public officer in
C h i e f S t a t e P r os e cu t or of s u ch
charge of the enforcement of the
recommendation is necessary.
law alleged to have been violated;
As r ega r d s offen s es wit h in t h e
(2) Personal examination of affiants by
jurisdiction of Municipal Trial Courts, no
the investigating prosecutor;
preliminary investigation is required by
(3) Preliminary action by investigating
law. All that the public prosecutor is r
prosecutor:
equ ir ed t o do is 1) t o exa m in e t h e
• Dismiss the complaint if he finds
complaint and supporting affidavit and 2)
no cause to continue with the
to personally satisfy himself that the a
inquiry.
ffia n t s volu n t a r ily execu t ed a n d
• Issue subpoena to respondent
understood their affidavits and that the
requiring him to submit a suspect has probably committed the
counteraffidavit. However, if no offense ch a r ge d . T h is e xa m in a t
such counter-affidavit is ion a n d determination he does ex parte,
submitted, the investigating i.e., without notice to and in the absence
prosecutor shall resolve the case of the suspect. He then files the
on the basis of the evidence information directly with the court.
submitted by the police, public
At the preliminary investigation of a
officer or complainant. If a
crime cognizable by a Regional Trial
counter-affidavit is submitted
Court, the respondent has the following
but t h er e a r e m a t t er s wh
rights:
ich n eed cla r ifica t ion , t h e in
(1) To have notice of the investigation
vest iga t in g prosecutor may
and to have a copy of the
set a hearing to propound
complaint, a ffida vit s a n d ot h er
clarificatory questions.
su ppor t in g documents;
(4) Preparation of resolution. Based
(2) To submit a counter-affidavit and
on t h e e vid e n ce p r e s e n t e d ,
other supporting documents within
t h e investigating prosecutor may:
ten days from notice;
• Prepare information if he finds
(3) To exa m in e a ll ot h er eviden ce
cause to hold the respondent
submitted by the complainant;
for t r ia l. An in for m a t ion is a
(4) To be afforded an opportunity to
n accusation in writing charging
be present at any hearing at which
a person with an offense
clarification of certain matters is to
subscribed by the fiscal and filed
be made and submit questions to
with the court.
the investigating officer for the
purpose.

277
 107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’
PAPERS

It bears emphasis that aside from a corresponding penalty if it is satisfied of

preliminary investigation, there is the voluntariness of the plea, and
another type of investigation which a otherwise, of the guilt of the accused. If
prosecutor may conduct, and this is what the accused pleads not guilty, the case is
we call inquest investigation, which is an set for pre-trial and/or trial.
informal and summary investigation The pre-trial shall consider the
conducted by a public prosecutor in following matters:
criminal cases involving persons arrested (1) Plea bargaining;
and detained without the benefit of a (2) Stipulation of facts;
warrant of arrest for the purpose of (3) Marking for identification of
determining whether or not said persons evidence of the parties;
should remain under custody and (4) Waiver of objections to
correspondingly be charged in court. admissibility of evidence; and
A respondent against whom an (5) Such other matters as will promote
adverse resolution was issued by the a fair and expeditious trial.
investigating prosecutor is not without
No agreement or admission during the
any remedy. He may file an appeal to
pre-trial shall be used in evidence against
the Secretary of Justice within fifteen
the accused unless reduced in writing
days from receipt of the questioned
and signed by him and his counsel.
resolution.
After the pre-trial stage, trial follows.
III. THE JUDICIAL PROCESS T h e p r os e cu t ion com m e n ce s t h e
presentation of evidence, followed by
If the preliminary investigation results the accused. Prosecution may present
in the finding that a crime has been rebuttal evidence. The parties may also
committed and the suspect is probably present written arguments or
guilty thereof, the public prosecutor will memoranda after which the case is
file the corresponding information in the deemed submitted for decision.
proper court; thus, activating the judicial The law secures to every accused the
process. following rights during trial:
T h e ca s e s h a ll t h e n b e s e t for
arraignment which is the first stage of a a. To be presumed innocent until
criminal action. It consists of the reading the contrary is proved beyond
of the information or criminal complaint reasonable doubt;
in court to the accused in open court.
The accused is then asked how he pleads. b. To be informed of the nature
The accused may plead guilty or not and
guilty to the offense charged. If he cause of the accusation against him;
refuses to plead, a plea of not guilty will
be entered for him. If the accused pleads c. To be present and defend in
guilty, the court shall sentence him to the person and by counsel at every stage of

278
 RESOURCE MATERIAL SERIES No. 53

the proceedings, from the arraignment unavailable or otherwise unable to

to the promulgation of judgment. The testify, given in another case or
accused may, however, waive his proceeding (judicial or administrative)
presence at the trial pursuant to the involving the same parties and subject
stipulations set forth in his bail bond, matter, the adverse party having had the
unless his presence is specifica lly or der opportunity to cross-examine him;
ed by t h e cou r t for purposes of
identification. The absence of the g. To have compulsary process
accused without any justifiable cause at issued to
the trial or a particular date of which he secure the attendance of witnesses and
had notice shall be considered a waiver production of other evidence in his
of his right to be present during that behalf;
trial. When an accused under custody
had been notified of the date of the trial h. . To have a speedy, impartial and
and escapes, he shall be deemed to have public trial; and
waived his right to be present on said
date and on all subsequent trial dates i. To have the right of appeal in all
until custody is regained. Upon motion, cases allowed and in the manner
the accused my be allowed to defend prescribed by law.
himself in person when it sufficiently
After the reception of the contending
appears to the court that he can properly
parties pieces of evidence, the case is
protect his rights without the assistance
now submitted for decision which the
of counsel;
court must render within ninety days
d. To testify as a witness in his own after trial.
behalf but subject to cross-examination If the court acquits the accused
on matters covered by direct because in its view he is innocent or his
examination. His silence shall not in any guilt is not proven beyond reasonable
manner prejudice him; doubt, the case is defin it ely en ded.
Appea l by t h e prosecution is barred by
e. To be exempted from being the principle of double jeopardy.
compelled On the other hand, if it convicts the
to be a witness against himself; accused because in its view his guilt of
the crime charged has been established
f. To confront and cross-examine beyond reasonable doubt, the latter may
the witnesses against him at the trial. move for a new trial or reconsideration
Either party may utilize as part of its which may be based on either of the
evidence the testimony of a witness who following grounds:
is deceased, out of or cannot with due
diligence be found in the Philippines, a. That errors of law or
irregularities have been committed

279
 107TH INTERNATIONAL TRAINING COURSE PARTICIPANTS’
PAPERS

during the trial prejudicial to the V. THE COMMUNITY

substantial rights of the accused; or
After the convicts have passed through
t h e cor r ect ion com p on en t —eit h er
b. That new and material evidence
unconditionally (as by full service of the
has been discovered and produced at the
term of imprisonment imposed on
trial, and which, if introduced and
them), or by parole or pardon—they go
admitted, would probably change the
back to the community and either lead
judgement.
normal lives as law-abiding citizens in
The motion for reconsideration may be
their barangays, or, regrettably, commit
based on the errors of law or fact in
other crimes and thus, go back through
judgment.
the same processes and stages of the
In lieu of m ovin g for n ew t r ia l or
criminal justice system.
reconsideration or after denial of such
The community at large—through the
motion, the convicted accused may
appropriate legislative agencies, public
appeal to the Court of Appeals or the
and private educational institutions,
Supreme Court within the time fixed by
parents a n d gu a r dia n s, ch u r ch es, r
law. If the a ppea l of t h e con vict ed a
eligiou s organizations, civic associations,
ccu sed is unsuccessful and his conviction
etc.— develops and exacts conformity
is affirmed, the case will be remanded to
with acceptable moral and ethical values,
the court of origin for the execution of
cr e a t e s t h e e n vir on m e n t for t h e
the judgement. The latter court will set a
development of civic-spirited citizens,
date for the a ccu sed t o pr esen t h im
and fosters respect for and observance of
self for t h e enforcement of the
the Rule of Law.
judgement. At the time thus appointed,
In particular, members of the
the court will issue an order of
community having knowledge of facts
commitment and the accused is passed
relevant to the investigation or
on the next component.
prosecution of crimes, are expected to
IV. PENAL OR cooperate with law enforcers and
CORRECTIONALPROCESS investigators, by reporting crimes and
giving evidence against the offenders.
Punishment is the isolation of the Attorneys in legal practice, or pertaining
convicts by imprisonment for the periods to associations commited to giving legal
laid down by the courts or in extreme aid t o in digen t or ot h er wise deser vin
cases, their execution by the method g individuals, should be reckoned as part
prescribed by law—and correction and of the fifth component of the criminal
rehabilitation a r e fu n ct ion s u n d e r t justice system, the community. They
a k e n by t h e institutions set up by law, participate directly or indirectly in the
e.g., the Bureau of P r is on s , P a r ole a criminal justice system by giving advice
n d P r oba t ion Administration. to, or representing, persons involved in

280
 RESOURCE MATERIAL SERIES No. 53

criminal actions before the proper Andres Narvasa, Supreme Court of

authorities. the Philippines.
The community component should 2. Rules of Court (Rules 110 to 127).
also include government institutions that 3. Presidential Decree No. 1275
play a role in the criminal justice system, (Reorganizing the Prosecution Staff
such as the Bureau of Posts—which of the Department of J ustice and the
delivers court notices; the Commission of Offices of the Provincial and City P r
Immigration and Depor t a t ion —wh ich os ecu t or s , Region a lizin g t h e
m a y pr even t t h e departure of Prosecution service and Creating the
suspects from the country; the Bureau of National Prosecution Service).
Telecommunications—which transmits 4. The Philippine Constitution.
communications by telephone, telegram 5. Republic Act 296, as amended by
or radio; and the government hospitals Batas Pambansa 129, otherwise
and medical centers (like the National known as the Judiciary Act.
Psychopathic Hospital)—which furnish 6. Executive Order No. 292 dated July
experts who may enlighten the courts on 25,
issues involving medical or other 1987, ot h er wis e k n own a s t h e
sciences, etc. Private institutions and Administrative Code of 1987.
civic organizations should also be 7. DOJ Order No. 223 dated June 30,
deemed part thereof, since they may also 1993C (Revised Rules on Appeal from
have roles to play in the criminal justice ResolutionsinPreliminar
system. y
Investigation/Reinvestigation).
CONCLUSION
The criminal justice system is not just
the agencies and persons charged with
law e n for ce m e n t ; n ot ju s t t h e p u
b lic prosecution, nor the courts, nor just
the penal and correctional system, nor
just the community. The criminal justice
system is a ll of t h ese in st it u t ion s or
pilla r s collectively. For it to work
efficaciously and speedily, it is essential
for all these pillars to work efficiently and
with dispatch, and in cooperation and in
coordination with one another.

REFERENCES
1. The Court and the Criminal Justice
System by Honorable Chief J ustice

281