CLJ 1 Module 7

CLJ 1: Introduction to Philippine Criminal Justice System
Module 7: The Second Pillar- Prosecution
The prosecution is the determination of the legality of the action of the law enforcer and the
evaluation of evidence presented. This should initiate for the Preliminary Investigation.
Is the course of action or process whereby accusations are brought before a court of justice to
determine the innocence or guilt of the accused
Three (3) main functions of the prosecution pillar:
1. To conduct 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
(sec 12, criminal procedure, rules of court).
The purpose is to establish probable cause .
PROBABLE CAUSE – refers to the existence of such facts and circumtamces as would excite a
belief in a reasonable mind, acting on the facts within the knowledge of the prosecutor that
the person charged is guilty of the crime for which he is prosecuted. It is the degree of
evidence required in preliminary investigation.
2. To conduct Inquest Proceeding – is an inquiry made by the duty prosecutor to determine the
legality of the arrest made especially those arest without warrant.
3. To act as the lawyer of the state in criminal prosecution
The Department of Justice (DOJ)
 It was based on the executive Order No. 292 (Administrative Code of 1987).
 Its mandate is to uphold the rule of law and ensure the effective and efficient administration
of justice.
 It is the principal law agency and legal counsel of the government.
Constitutes of DOJ
It headed by the Secretary of Justice assisted by:
 three (3) Undersecretaries
 three (3) Assistant Secretaries
 The Chief State Prosecutor
 The Chief Sate Counsel
 The Bureau of Corrections
 The Board of Pardons and Parole
 Support Services (technical Staff, Financial and management Service, Administrative Service
and management Service Office).
National Prosecution Service (NPS)
 Constituted on April 11, 1978 with the issuance of Presidential Decree No. 1275 by late
President Ferdinand Marcos.
Entitled Reorganizing the prosecution staff of the Department of Justice and the offices of the
provincial and city Fiscal, Regionalizing the prosecution and services and creating National
Prosecution Services.
 Prosecution of all criminal cases, except those under the exclusive jurisdiction of the
Office of the Ombudsman
Constitutes of NPS
1. Office of the Chief State Prosecutor
2. Offices of the Regional State Prosecutor
3. Provincial Prosecutor
4. City Prosecutor
Note The NPS is under the supervision and control of the DOJ. NPS is considered as the
prosecutorial arm of the government.
The Public Prosecutor
 The public prosecutors initiate criminal action in the name of the People of the Philippines.
 They also serve as the trial or prosecution officers before the criminal court.
 The prosecutors decide whether or not to prosecute a case, or hold the case open for further
action.
 All criminal actions either commenced by complaint or by information shall be prosecuted
under the direction and control of a public prosecutor
Notes:
 In case of heavy work schedule of the public prosecutor or in the event of lack of public
prosecutors, the private prosecutor may be authorized in writing by the Chief of the
Prosecution Office or the Regional
State Prosecutor to prosecute the case subject to the approval of the court
The Private Prosecutor
 A private complainant may acquire the services of a private counsel to act as a private
prosecutor to protect his civil rights as a result of a felony.
 The private prosecutor is under the direct control and supervision of the public prosecutor.
Notes:
 Revised Penal Code provides that "Civil liability of a person guilty of felony - Every person
criminally liable for a felony is also civilly liable.
Ombudsman (OMB) as Special Prosecutor

 Formerly known as the Tanodbayan, the OMB is created under Section 5, Article XI of the
1987 Constitution.
Powers and Functions:
 Fact-finding investigation
 Administrative Adjudication
 Preliminary Investigation
 Prosecution
 Public Assistance
 Enhance efficiency, effectiveness, transparency, accountability and responsiveness
Complaint
A complaint is a sworn written statement charging a person with officer an offense subscribed
by the offended party, any peace officer, or other public officer in charged with the
enforcement of the law violated.
Information
Information is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.
Prosecution of Private Offense
 The crimes of adultery and concubinage shall not be prosecuted except upon a complaint
filed by the offended spouse.
 The following are considered private offenses and shall not be persecuted except upon a
complaint by offended party, of her parents, grandparents, and guardian nor in any case,
pardoned by any of them.
 Abduction
 Lasciviousness
 Seduction
 If the offended party dies or becomes incapacitated before she files a complaint and with no
parents, grandparent or guardian, the state shall initiate the criminal action in her behalf.
 Bigamy and rape are not considered as private offenses.
Prosecution of an offense against a MINOR
 The offended party, even if a minor has the right to initiate the prosecution of the private
offenses independently UNLESS she is incompetent or incapable of doing so.

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CLJ 1: Introduction to Philippine Criminal Justice System

Module 7: The Second Pillar- Prosecution

Ombudsman (OMB) as Special Prosecutor

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