INTERVIEW vs INTERROGATION

INTERVIEW- An interview is the questioning of a person who is believed to possess knowledge that is of official interest
to the investigator.

INTERROGATION- An interrogation is a questioning of a person suspected of having committed a crime or of a person

who is reluctant to make a full disclosure of information in his possession that is pertinent to the investigation.

CONFESSION VS. ADMISSION

CONFESSION– is the direct acknowledgment of guilt arising from the commission of a crime.

TYPES OF CONFESSION

EXTRA-JUDICIAL CONFESSION – those made by the suspect during the custodial investigation.

JUDICIAL CONFESSION– those made by the accused in open court. The plea of guilt may be during arraignment or in any
stage of the proceedings where the accused changes his plea of not guilty to guilty.

ADMISSION– is a self-incriminatory statement by the subject falling short of an acknowledgment of guilt. It is an

acknowledgment of a fact or circumstances from which guilt may be inferred. It implicates but does not incriminate. It is
also an acknowledgment that a fact, action, or circumstances are true that strongly infer or directly admit guilt but lacks
the detail of the elements of the crime.

RULES TO BE OBSERVED IN TAKING CONFESSION OR ADMISSION

 Confession or admission must be taken preferably in writing and under oath.

 It must be written in the language known and understood by the accused, if not it must be clearly translated.
 It must be freely and voluntary given by the accused.
 Under the New Constitution, it must be taken in the presence of competent and independent counsel chosen by
the accused.

HISTORY OF PROSECUTION
● The origin of office of the prosecutor is found hundreds of years ago in the jurisprudential development and the
common law of England.
● The general term attornatus was used in England official documents in the Middle Ages to mean anyone who
appeared for another as a pleader, attorney, or essoiner.
● The earliest laws of England defined crimes as being committed against a particular individual, not against the state.
The original prosecutor was a victim or an individual representing a victim who stepped forward personally to initiate
the prosecution of the alleged offender.
● Originally all crimes were torts; thus, in early common law, any injury, whether to a person or property, was a tort. (A
tort today is an injury to an individual that is not an offense against the state). Later, the injury was considered an
offense against the state.
● During the reign of Edward IV (1461-1483), William Husse was appointed attorney general of England.
● Henry VIII (1509-1547) eliminated the vengeance prosecution system and in its stead provided a system of
“sergeants”, who were required to act as police prosecutors and to enforce penal statutes. These sergeants were later
to become well-trained in the law.

PROSECUTION DEFINED

● Prosecution is the process or method whereby accusations are brought before the court of justice to determine the
guilt or innocence of the accused.
● Serving as the lawyer of the State/government in criminal cases, the prosecutor is automatically considered an officer
of the court; at the same time, he is formally a member of the Department of Justice, under the Executive branch of the
Government, and thus independent from the judiciary.
● The prosecution service is made up of Provincial and City Public Prosecutors under the National Prosecution Service
(NPS). They perform two types of prosecutorial powers; investigatory and prosecutory such as
● They evaluate the police findings referred to them, or other complaints filed directly with them by individual persons
(e.g., government officers in charge of the enforcement of law violated);
● They file corresponding INFORMATION OR CRIMINAL COMPLAINTS in the proper courts on the basis of their
evaluation of the proofs at hand; and
● They prosecute the alleged offenders in court, in the name of the People of the Philippines.

PROSECUTION AS A PILLAR OF THE CJS

The Prosecution as the pillar of the CJS simply means “a criminal action”. 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.
It is also the course of action or process whereby accusations are brought before a court of justice to determine the
innocence of the accused.
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 a sovereign state. Thus, all criminal cases are titled “People of the Philippines
vs. ________________(the name of the accused)

Note: The party against whom the criminal action was instituted is called the defense.

IN THE PHILIPPINE CJS, WHO CONDUCTS THE PROSECUTION?

In the Philippines, the prosecutor is the government officer, tasked to conduct the prosecution of criminal actions in
court. The Revised Rules of Court expressly provide that the prosecution has the direction and control of the case.

Although in the Municipal Trial Court or Municipal Circuit Trial Courts when the prosecutor is absent, the offended party,
any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. But such
authority shall cease upon the actual intervention of the prosecutor or upon elevated to the RTC.

NATIONAL PROSECUTION SERVICE (NPS)

The NPS is under the supervision and control of the Department of Justice (DOJ) and is tasked as the
prosecutorial arm of the government. Its most important function in the Criminal Justice System is to maintain and
recognize the rule of law through the speedy delivery of services, particularly in the investigation and prosecution of all
crimes under the Revised Penal Code, Presidential Decrees and other special penal laws.
It was created by virtue of Presidential Decree No. 1275 entitled “Reorganizing the Prosecution Staff of the
Department of Justice and the offices of the Provincial and City Fiscals, Regionalizing the Prosecuting Service and
Creating the National Prosecution Service” this law was enacted on April 11, 1978.
Headed by a Prosecutor General (formerly known as Chief State Prosecutor) pursuant to R.A. 10071, otherwise known
as the “Prosecution Service Act of 2010”.

SOME ROLES OF THE PROSECUTOR:

 To conduct a Preliminary Investigation

 To make a proper recommendation during the inquest of the case referred to them by the police after the
investigation of the suspect;
 To represent the government or state during the prosecution of the case against the accused;
 To act as a legal officer of the province or City in the absence of its legal officer;
 To investigate administrative cases filed against State Prosecutors, Provincial Prosecutors, including the support
staff of the National Prosecution Service (NPS).

THE PROSECUTOR AND THE POLICE

1. Prosecutorial discretion typically enters the picture immediately after the arrest, when the police investigative reports
are forwarded to the prosecutor for review.
2. The prosecutor screens and evaluates the document in order to decide whether to accept or reject the case for
prosecution.
3. The action of the prosecution is dependent upon the police initiatory action, whereby the criminal justice system
relies on the:
a) certainty of the arrest by the police.
b) certainty of conviction by an effective prosecution.
c) certainty of appropriate sentencing by the court.

INQUEST PROCEEDINGS and PRELIMINARY INVESTIGATION

If a person is arrested, what is the purpose of delivering him to the nearest police station or jail and detaining him in that
place? It depends. If the arrest is with a warrant, the arrested person must be detained for him to face the case that is
already filed against him or to serve his sentence if he is already convicted. However, if the arrest is without a warrant,
he must be detained to undergo an inquest proceeding or preliminary investigation. (Timpac, 2007)

Inquest proceeding is a proceeding done by the inquest prosecutor to determine the validity of the arrest. This is very
summary in nature which may be done by an informal interview with the arresting officer and/or the arrested person.

This process requires prosecutors to resolve the complaint the police filed in a prescribed period which varies depending
on the gravity of an offense:
light penalties 12 hrs
correctional penalties 18 hrs
afflictive penalties 36 hrs

Art. 124. Arbitrary detention. – Any public officer or employee who, without legal grounds, detains a person,
shall suffer:
1. The penalty of arresto mayor, in its maximum period to prision correccional in its minimum period, if the
detention has not exceeded three days;
2. The penalty prision correccional in its medium and maximum periods, if the detention has continued
more than three but not more than fifteen days;
3. The penalty of prision mayor, if the detention has continued for more than fifteen days but not more
than six months; and
4. That of reclusion temporal, if the detention shall have exceeded six months. The commission of a crime,
or violent insanity or any other ailment requiring the compulsory confinement of the patient in a
hospital, shall be considered legal grounds for detention of any person.

Preliminary investigation is an inquiry held for the purpose of ascertaining whether or not probable cause is present. It
is intended to secure the innocent against hasty, malicious, and oppressive prosecution and to protect him from an open
and public accusation of crime. It is further intended to protect the State from useless and expensive trials.

It is required when the imposable penalty for the crime charged is at least 4 years, 2 months, and 1 day (4:2:1)
imprisonment without regard to the fine.

COMPLAINT — a complaint is a sworn written statement charging a person with an offense, subscribed by the offended
party, any peace officer, or other public officer charged with the enforcement of the law violated.
INFORMATION — an information is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.
AFFIDAVIT – is a statement of facts under oath.
SUBPOENA – is a process directed to a person requiring him to attend and testify at the hearing or trial of an action, or
at any investigation conducted under the law, or for the taking of his disposition. (sec.1 Rule 23, Rules of Court)
subpoena ad testificandum orders a person to testify before the ordering authority or face punishment.
subpoena duces tecum orders a person or organization to bring physical evidence before the ordering authority
or face punishment.

What is probable cause?

Probable cause is the existence of sufficient ground to engender a well-founded belief that:
a) A crime has been committed; and
b) The respondent is probably guilty thereof.
Who may conduct a preliminary investigation?

Any of the following may conduct a preliminary investigation:

 Provincial or City Prosecutors and their assistants;
 Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
 National and Regional State Prosecutors; and
 Other officers as may be authorized by law. (Sec 2, Rule 112 of the Rules of Court)

OTHER OFFICERS AUTHORIZED BY LAW TO CONDUCT PRELIMINARY INVESTIGATION:

 The Ombudsman and special prosecutor and prosecutors duly authorized by the Ombudsman with respect to
cases under its jurisdiction (ex. Anti-graft and corrupt practices act.)
 The COMELEC with respect to cases in violation of the Election Law;
 Private Lawyers when duly deputized by any of the above.

PROSECUTOR’S DISCRETION:
 Whether or not to file the case in court;
 What charges to file;
 Whether or not to decline to prosecute the arrested party;
 Whether or not to enter into plea-bargaining

SOME OF THE REASONS FOR PROSECUTORIAL REJECTION OR DISMISSAL OF SOME CRIMINAL CASES:

 Insufficient evidence that results from a failure to find sufficient physical evidence that links the defendant to
the offense.
 Witness problem that arises for example, when a witness fails to appear, gives unclear or inconsistent
statements, is reluctant to testify, or is unsure of the identity of the offender.
 Due Process Problems that involve the violations of the Constitutional requirements for seizing evidence and for
the questioning of the accused.

REMEDY AVAILABLE SHOULD THE PROSECUTOR WITHOUT JUST CAUSE DECLINE TO PROSECUTE A CRIME:
 File a motion for consideration
 File an administrative case against the Prosecutor;
 File a civil case against the Prosecutor;
 File a criminal case against the Prosecutor

BAIL
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. Bail may be given in
the form of corporate surety, property bond, cash deposit, or recognizance (Sec. 1).

KINDS OF BAIL

a) Corporate bond — one issued by a corporation licensed to provide bail subscribed jointly by the accused and an
officer duly authorized by its board of directors (Sec. 10).
b) Property bond — an undertaking constituted as a lien on the real property given as security for the amount of
the bond (Sec. 11).
c) Recognizance — an obligation of record entered into usually by the responsible members of the community
before some court or magistrate duly authorized to take it, with the condition to do some particular act, the
most usual act being to assure the appearance of the accused for trial (People vs. Abner, 87 Phil. 566).
d) Cash deposit — the money deposited by the accused or any person acting on his behalf, with the nearest
collector of internal revenue, or provincial, city, or municipal treasurer. Considered as bail, it may be applied to
the payment of any fees and costs, and the excess, if any, shall be returned to the accused or to whoever made
the deposit (Sec. 14).