Republic of the Philippines

EULOGIO “AMANG” RODRIGUEZ

INSTITUTE OF SCIENCE AND TECHNOLOGY
Cavite Campus
General Mariano Alvarez, Cavite

Subject: INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

Subject Code: CL1IPCJS
Topic: PROSECUTION
Sub-Topics: Evolution/History of Prosecution
Overview/ Definition of Prosecution
The General Functions of Regional State Prosecutors
Prima Facie Evidence
Duties of Investigating Prosecutor
Preliminary Investigation and Inquest Proceeding
Reporters: HASO, MARY ANN
LAURELES, ALLEN
LATINA, DAISY MAY
HERMOSA, SARAH
CALAGDAY, JIMUEL
SANTARITA, CESARIO JR.
INTIA, JOHN ESPINEDA
REYNOSO, INO
Instructor: Mr. ALVIN T. REJUSO, RCrim, LPT

HISTORY OF PROSECUTION

The National Prosecution Service has existed before its creation in the form of the Prosecution
Staff of the Bureau of Justice and later, the Department of Justice during the American colonial era.
The National Prosecution Service was created by virtue of Presidential Decree No. 1275, s. 1978. P.
D No. 1275 was later amended and repealed by Republic Act No. 10071, or the Prosecution Service
Act of 2010, which strengthened the powers and organization of the National Prosecution Service.

DEFINITION OF PROSECUTION

• Refer to either the process in the criminal justice system or a party in a criminal
proceeding.
• It is the course of action or process whereby accusation are brought before a court
of justice to determine the innocence or guilt.
• In criminal action, it is a proceeding instituted and carried on by due course or law,
before a competent tribunal, for the purpose of determining the guilt or innocence of
a person charged with a crime.
• Within the Philippine legal context, the prosecution plays a crucial in the
administration of criminal justice because it occupies a central and very important
position between police and the court.
 • The party in criminal proceeding who instituted the criminal action is calle the
prosecution. The party against whom the criminal action was institute is called
defense.
• In all criminal prosecutions, the real offended party is the people of the Philippines,
for a crime is an outrage against, and its vindication is in favor of the people in
sovereign state. Thus, all criminal cases are titled “People of the Philippines vs.
______ (the name of the accused).

GENERAL FUNCTION OF REGIONAL STATE PROSECUTORS

R.A No. 10071 Sec. 8 the Regional State prosecution Office: Functions of Regional State
Prosecutor. The Regional State Prosecutor shall, under the control of the secretary of
Justice, have the following functions,
(a) Implement policies, plans programs, memoranda, orders, circulars and rules and
regulations of the Department of Justice relative to the investigation and prosecution of
criminal cases in his region.
(b) Exercise immediate administrative supervision overall provincial and city fiscals and
other prosecuting officers of provinces and cities comprised within his region.
(c) Prosecute any case arising within the region.
(d) With respect to his regional office and the offices of the regional and city fiscals within
his region, he shall:

1. Appoint such member of subordinate officers and employees as may be necessary;

and approve transfers of subordinate personnel within the jurisdiction of the regional
office.
2. Investigate administrative complaints against fiscals and other prosecuting officers
within his region recommendation there on to the Secretary of Justice who shall,
after review thereof. Submit the appropriate recommendation to the Office of the
President: Provided, that where the Secretary of Justice finds insufficient grounds for
the filing of charges, he may render a decision of dismissal thereof.
3. Investigate administrative complaints against subordinate personnel of the region
and submit his recommendations thereon to the Secretary of Justice who shall have
the authority to render decision thereon.
4. Approve request for sick, vacation and maternity leaves of absence with or without
pay, for a period not exceeding one year; for overtime services; for permission to
exercise their profession or to engage in business outside of office hours; for official
travel within the region for periods not exceeding thirty days; and for benefits under
Sec. 699 of the Revised Administrative Code.
5. Negotiate and conclude for services or for furnishing supplies, materials and
equipment for amount not exceeding P50.000.00 for each quarter.

(e) Coordinate with regional offices of other departments, with bureaus/agencies

under the Department of Justice, and with local governments and police units in the
region.
 PROSECUTION PROCESS

Courts are the most visible part of our legal system and its processes occupies a variety of
dealings and procedures. Ina criminal case, the state has the burden of proving beyond a reasonable
doubt that the defendant committed that alleged crime. Defendants are presumed innocent. As such,
due process of court is delicately applied. These processes are mandated under Criminal Procedure
of the Rules of Court.

1. BAIL. As provided in Rule 114 of the Revised Rules of Criminal Procedure, Bail is the security
given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee
his appearance before any court as required under the conditions hereinafter specified.

All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or
released on recognize as prescribed by law.
a) Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Circuit
Trial Court;
b ) Before conviction by the Regional Trial Court of an offense not punishable by death, reclusion
perpetua , or life imprisonment.

Types of Bail
1. Property Bonds
2. Cash Bonds
3. Corporate Surety Bonds
4. Release on Recognizance (ROR)
Application for Bail. A person in the custody of the law has the right to bail. It can applied before or
after conviction by the Metropolitan Trial Court, Municipal Trial Court, MTC in cities and Municipal
Circuit Court ( MCTC) ; and before conviction by the Regional Trial Court of an offense not
punishable by death, reclusion perpetua or life imprisonment.

2. ARRAIGNMENT. This is the first formal presentation of charges to the defendant, who must enter
a plea.
How made. The accused must be arraigned before the court where the complaints or information
was filed or assigned or trial. The arraignment shall be made in open court by the judge or clerk by
furnishing the accused with a copy of the complaint or information, reading the same in the language
or dialect or dialect known to him, and asking him whether he pleads or not guilty. The prosecution
may call at the trial witnesses other than those named in the complaint or information.

3.MOTION TO QUASH. At any time before entering his plea, the accused may move to quash
(mollify or invalidate) the complaint or information. The motion to quash shall be in writing, signed by
the accused or his counsel and shall distinctly specify its factual its factual and legal grounds. The
shall consider no ground other than those stated in the motion, except of jurisdiction over the offense
charged.

4. PRE-TRIAL. In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court,
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit
Trial Court, the court shall, after arraignment and within thirty (30) days from the date the court the
court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in a
special laws or circulars of the Supreme Court, order pre-trial conference to consider the following:

a) DISCOVERY. It is the process in which the state and defense an obtain information before trial.
The discovery rules provide the defendant with sufficient information to make an informed plea, to
conserve thorough trial preparation, to avoid surprises at trial, to conserve resources, ad to expedite
case processing.
b) PLEA BARGAINING. It is the processing in which the prosecution makes charging and sentencing
concessions in exchange for a guilty plea. The trial court is not required to accept a plea agreement,
but if the court rejects the agreement, the defendant may withdraw his guilty plea. To be valid, the
guilty plea must be entered “knowingly, intelligently, and voluntarily”.
c) CONTINUANCE. A criminal proceeding may be continued (or pushed to a later date) for what is
referred to as “good cause shown”.

5) TRIAL. In all criminal cases, a trial may be held before a judge .After a pleas of not guilty is
entered. The accused shall have at least fifteen (15) days to prepare for trial. The trial shall
commence within thirty (30) days from receipt of the pre-trial order.

6. JUDGEMENT. It is the adjudication by the court that the accused is guilty or not of the offense
charged, aid in the imposition of the proper penalty and civil liability provided for by the law on the
accused.

Maximum Period of the Rendition of Decision. Article VIII, section 15 of the 1987 constitution,
provides that the court must decide or resolve a matter or case within the following period from date
of submission, to wit:
a)Supreme Court- within 24 moths
b) Court of Appeals and other collegiate courts-within 12 months
c) Inferior Courts- 3months unless reduced by the Supreme Court.

7. NEW TRIAL OR RECONSIDERATION. A new trial may be granted upon “goo cause shown” by
the defendant. At any time before a judgement of conviction becomes final, the court may, on motion
of the accused or its own instance but with the consent of the accused, grant new trial or
reconsideration.

8. APPEAL. Any party may appeal from a judgement or final order. An appeal must be taken within
fifteen (15) days from promulgation of the judgement or from notice of the final order appealed from.
The appeal may be takes as follows:
a) To the Regional Trial Court , in cases decided by the Metropolitan Trial Court, Municipal
Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court;
b) To the Court of Appeals or to the Supreme Court in the proper cases provided by law, in
cases decided by the Regional Trial Court; and
c) To the Supreme Court, in cases decided by the Court of Appeals.

PRIMA FACIE EVIDENCE

What is Prima Facie? It is an evidence at which standing alone unexplained and

uncontradicted is sufficient to maintain the proposition affirmed. The term Prima Facie is a legal term
or a legal claim which is made when the prosecution has enough evidence to proceed with a trial of
judgement and to prove that the defendant is guilty. The term is derived from a Latin word which
means, “ at first sight” or “at first view”. Prima facie refers to a case which pre-trial evidence was
reviewed by a judge and determined to be sufficient to warrant the trial. The term is more specifically
used in civil cases where the plaintiff carries the burden of proof.
What is Prima Facie Evidence? Prima facie evidence is legal term used to mean that you have
enough evidence to prove something by pointing to some basic facts, but that your proof can be
refuted.
 DUTIES OF INVESTIGATING PROSECUTOR

• Investigation
• Indictment
• Acting as prosecutor
• To appear in court
Regional and City prosecutor have the following functions

• Be the law officer of the province or city

• Investigate the cause to be investigated all charges of crimes
• Investigate commissions of criminal acts
• Act as a legal adviser of the municipality, and municipal district of the provinces or
the provincial or city government and its officers or of the city
• Assist the Solicitor General

PRELIMINARY INVESTIGATION AND INQURIES PROCEEDING

A preliminary investigation is an inquiry or proceeding to determine whether there is a 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.

Rule 112 of the Revised Rules on Criminal Procedure

Section 1. PRELIMINARY INVESTIGATION defined; when required. - inquiry or proceeding to

determine whether there is a 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. Section 7
– a preliminary investigation is required to be conducted before the filing of a complaint or information
for an offense where the penalty prescribed by law is at least (4) years, two (2) months and one (1)
day without regard to the line.

PURPOSES/OBJECTIVES OF PI. To protect the innocence against hasty, oppressive and malicious
prosecution To secure the innocent from an open and public accusation of trial To protect the state
from useless and expensive trials WHO CONDUCTS PRELIMINARY INVESTIGATION Provincial or
City Prosecutors and their assistants National and Regional State Prosecutors Judges of the
Municipal Trial Courts and Municipal Circuit Trial Courts Other officers as may be authorized by law.

PRELIMINARY INVESTIGATION PROCESS

1. Filing the complainant/ sworn complaint affidavit of the complainant with supporting
documents.
2. Dismissal of the complaint or issuance of a subpoena From the filing of the complaint the
investigating officer has ten (10) days within which to decide which of the following options to take: -
To dismiss the complaint – no ground to conduct the investigation -To issue a subpoena to the
respondent – in case he finds the need to continue with the investigation
3. Filing of counter-affidavit by the respondent -Within ten (10) days from receipt of the
subpoena, he is required to submit his counter-affidavit, the affidavits of his witnesses and the
supporting documents relied upon for his defense
4. The prosecutor may set a clarification hearing if necessary -Within ten (10) days from the
submission of the counter-affidavit, other affidavits and documents filed by the respondent, or within
ten (10) days from the expiration of the period for their submission, a hearing may be set by the
investigating officer, if there are facts and issues to be clarified either from a party or a witness.
 5. Determination by the investigating officer -Within ten (10) days from the termination of the
investigation, the investigating prosecutor shall determine whether or not there is sufficient ground to
hold the respondent for trial. Resolution of investigating prosecutor
-If finds probable cause to hold the respondent for trial – he shall prepare both the
resolution and information. -If he does not find probable cause – he shall
recommend the dismissal of the complaint Need for approval before filing or
dismissal -Within five (5) days from his resolution, he shall forward the record of the
case to the provincial or city prosecutor or chief state prosecutor, or to the
ombudsman or his deputy in cases of offenses cognizable by the sandiganbayan in
the exercise of its original jurisdiction. -They shall act on the resolution within ten
(10) days from their receipt thereof and hall immediately inform the parties of such
action.

BIBLIOGRAPHY/REFERENCES

https://www.chanrobles.com/presidentialdecrees/presidentialdecreeno1275.html#:~:text=The%20Reg
ional%20State%20Prosecutor%20shall,criminal%20cases%20in%20his%20region.

https://www.tcc.moj.gov.tw/296098/296099/296106/446539/post?fbclid=IwAR0mK8SdeJn3nmocERm
g6flk5IJH4t7k1NOb-bKi2dy7ji2ZsUIglFHWTBw

https://www.unafei.or.jp/publications/pdf/RS_No53/No53_27PA_Corpuz.pdf
https://www.lawphil.net/courts/rules/rc_110-
127_crim.html?fbclid=IwAR1CH5EpvlPdGAaZ6b_dMJct0PmqknK5BOM5T2KbdkOXkxZhzS57AlHitY
Q

https://lawphil.net/statutes/repacts/ra2010/ra_10071_2010.html?fbclid=IwAR1AQvWyV6GzIUn7WN1
pImKSPOj3G7Fv75djbg1p7FkEtZDyHjpcJSPFkxM

https://cleartax.in/g/terms/prima-facie