Lesson 2.

The Prosecution Pillar

Terms to ponder:

1. Arraignment. It is the legal mechanism whereby an accused is brought before the court
wherein the complaint/charge against him is read by the clerk of court in the presence of the lawyer and
the prosecutor in which the accused is to announce his plea.
2. Bail. Is the security given for the temporary release of the person in custody of the law,
furnished by him or a bondsman, conditioned upon his appearance before any court as required under
the conditions hereinafter specified.(Rules of Court, Rule 114, Sec. 1)
3. 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. (Rules of Court, Rule 110, Sec. 3)
4. Detention. Restraining of one’s liberty or as applied to detained prisoners who
cannot post bail and waiting for trial or judgment of his case.
5. Information. Is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court? (Rules of Court, Rule 110, Sec. 4)
6. Inquest. An informal and summary investigation conducted by a public prosecutor in criminal
cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court for the purpose of determining whether or not said person should remain under custody and
correspondingly be charged in court.
7. Nolle (Nolle Prosequi). Is a request made by the prosecutor to the judge for approval to
terminate further criminal prosecution against a suspect? Not an acquittal or pardon before or after the
arraignment.
8. Plea Bargaining. The process of discussion or negotiation between the defense council and
the prosecutor, aimed at reaching an agreement whereby the prosecutor used discretion to obtain from
the judge a lighter sentence in exchange for the defendants entering a plea of guilty.
9. Preliminary Investigation. It is an inquiry or proceeding for the purpose of determining
whether there is sufficient ground to engender a well-founded belief that a crime has been committed
and that the respondent is probably guilty thereof, and should be held for trial. (Rules of Court, Rule
112, Sec. 1)

Prosecution

Prosecution may refer to the agency responsible in presenting the government’s position
in criminal cases and evaluating pieces of evidence presented by the law enforcement.

Prosecution is the legal process/methods by which an accusation is brought to the court (or any judicial
or quasi-judicial body) for proper adjudication/arbitration.

Functions of prosecution:

Evaluate the police findings referred to them, or other complaints filed directly with them by individual
person;

File corresponding criminal complaints or information in the proper courts on the basis of their
evaluation on the proofs at hand; and

Prosecute all alleged offenders in court, in the name of the people of the Philippines.

Examples of Prosecution Agencies:

1. National Prosecution Service (NPS) – under the supervision and control of the
DOJ and is tasked as the prosecutorial arm of the government

2. Office of the Solicitor General (State Prosecutor)

3. Office of the Ombudsman
4. Offices of the Regional State Prosecutor/Provincial/City Prosecutor
Who is a Prosecutor?
He is a public officer having an authority to conduct legal actions concerning the complaint filed at his
office and perform other prosecution functions as provided by law.
The prosecutor is not just an ordinary official of the government; he is an officer of the court whose
criminal responsibility under the law is to carry out the administration of the CJS thru an adequate
examination of the offense charged and to decide whether or not to prosecute a person without
sacrificing fairness and justice.

Dual duties of prosecutor:

As a prosecutor per se – basically, the prosecutor represent the government’s position in a
criminal cases during court proceedings from the time of the suspect’s arrest until the
adjudication of the case.
As the chief law enforcement officer – the prosecutor has the inherent responsibility to supervise all
criminal cases under investigation by the local force as well as non-prosecution police-oriented activities.

A prosecutor likewise exercises the following functions:

Investigates, resolves or recommends disciplinary action on all administrative cases filed against State
Prosecutors, Regional Prosecutors, Provincial/City Prosecutors, including the support staff of the NPS;

Render opinions on queries from Prosecutors regarding violations of the Revised Penal Code and other
penal laws and the proper legal interpretation thereof;

Acts as Vice-Chairman of the Board of Canvassers of the Commission on

Elections;

Acts as Law Officer of the provincial /city government in the absence of a legal officer, and as Legal
Adviser of all political instrumentalities and their officials

(RA 7160, The Local Government Code of 1991);

e. Acts as Registrar of Deeds in the absence of the Registrar of Deeds and his deputy, and;
f. Represents the Office of the Solicitor General, and acts as deputized Special Prosecutor of the
Ombudsman and of the Commission on Elections when so deputized.

Who Prosecutes Criminal Actions?

All criminal actions must be prosecuted by the prosecutor, and in case the complainant hired a private
lawyer to prosecute the case, he can be under the strict supervision of the government prosecutor.

Note: Private lawyers should also be deemed part of the CJS Prosecution Pillar because they already
represent the parties (the complainant or the respondent) even in proceedings before the Prosecutors.
So also, public defenders - such as the members of the Public Attorney’s Office (PAO) and
other Legal Aid Lawyers (IBP, CLAO, FLAG, MABINI, UP, UST, etc.) - should also be considered as
part of the Prosecution Pillar.

The Prosecution Process:

1. Filing of Complaint

Criminal actions shall be instituted as follows:

a. For offenses where a preliminary investigation is required pursuant to Section 1 of rule 112, by
filing the complaint with the proper officer for the purpose of conducting the requisite preliminary
investigation.
b. For all other offenses, by filing the complaint or information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the complaint with the office of the Prosecutor. In Manila
and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise
provided in their charters. (Rules of court, Rule 112, Sec. 1)
2. Preliminary Investigation

INQUEST is an informal summary investigation conducted by a public prosecutor in criminal cases

involving persons arrested and detained without the benefit of a warrant of arrest issued by the court
for the purpose of determining whether or not the person should remain under custody and
correspondingly be charge in court.

Preliminary investigation is merely inquisitorial and it is often the only means of discovering the person
who may be reasonably charged with a crime, to enable the prosecutor to prepare his complaint or
information. It is not a trial of the case on the merits and has no purpose except that of determining
whether a crime has been committed and whether there is probable cause to believe that the accused
if guilty thereof, it does not place the person against whom it is taken in jeopardy.

Objectives of Preliminary Investigations:

a. to protect the innocent against hasty, malicious and oppressive prosecution;

b. to protect the innocent from public accusation of a crime, from the trouble, expense and anxiety of
a public trial; and
c. to protect the state from useless and expensive prosecution.

In what cases is preliminary investigation required? Is the rule absolute? Why?

A preliminary investigation is required to be conducted before the filing of complaint or information for
an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day
without regard to the fine (Rules of Court, Rule 112, and Sec. 1)

The rule however is not absolute because the accused can ask for preliminary investigation in the
following cases:

If a person is arrested, he can ask for preliminary investigation before the filing of the complaint or
information but he must sign a waiver in accordance with article 125 of the Revised Penal Code in the
presence of his counsel (Sec. 7, par. 2, Rule 112).

After the filing of the information or complaint in court without preliminary investigation, the accused
may, within five (5) days from the time he learns of its filing ask for preliminary investigation (Sec. 7, par.
3, Rule 112).

Officers Authorized to Conduct Preliminary Investigation.

a. Provincial or City Prosecutors and their assistants

b. National and Regional State prosecutors
Such other officer as may be authorized by law like the COMELEC for election offenses and the PCGG in
cases of ill-gotten wealth.

NOTE: The authority of the judges of the Municipal Trial courts and Municipal

Circuit Trial courts to conduct a preliminary investigation was revoked by A.M. 05-8-26-SC

Prosecutorial Discretion

The prosecutor just like the police exercise discretion and must determine the course of action and
proper recommendation relative to cases assigned to him. In this connection, the prosecutor is
confronted with several alternatives to take in the performance of his duties such as the filing of a case
in court against the accused for trial in the merits; to drop or dismiss the case after conducting the
preliminary investigation for lack of merit or for insufficiency of evidence; to enter into agreement with
the defense counsel for the consideration and approval of the court; to recommend reduced charges
and bail in favor of the accused.

Definition of PROBABLE CAUSE

1) As basis in charging/prosecuting a person for an offense – PROBABLE CAUSE is the existence of such
facts and circumstances as would exile the belief, in a reasonable mind, acting on the facts within the
knowledge of the prosecutor, that the person charged was guilty of the crime for which he was
prosecuted.

2. As ground for an arrest or issuance of a warrant of arrest – PROBABLE CAUSE is such facts and
circumstances which would lead a reasonably discreet and prudent man to believe that an offense has
been committed by the person sought to be arrested.

3) As a protection against false prosecution and arrest – PROBABLE CAUSE is the knowledge of facts,
actual or apparent, strong enough to justify a reasonable man in the belief that he has lawful grounds
for arresting the accused.

3. Filing of an Information

Distinction between a complaint and information:

a. A complaint is a sworn statement by the offended party, whereas information need not be
sworn to;
b. A complaint is signed by the offended party, any peace officer or other public officer charged
with the enforcement of the law violated, whereas information is signed by a public prosecutor.
c. A complaint may be filed either before the prosecutor’s office or the court,
whereas information is only filed with the court.
d. In certain cases, filing of a complaint is necessary to conduct preliminary investigation
preparatory to filing of information

4. Arraignment

Arraignment – that stage of criminal proceedings, the object is to determine the identity of the accused.
Then the court read to him the nature of the charged against him in the language or dialect he can
understand and then require him to enter a plea of guilty or not guilty.

5. Filing of Bail

Bail maybe given in the form of:

a. Corporate security
b. Cash deposit
c. Property bond
d. Recognizance

Examples of Other Investigatory Bodies and Individuals Specifically Tasked to Investigate and Prosecute
Specific Offenses:

Office of the Ombudsman

This office has primary jurisdiction to conduct preliminary investigation and prosecution of all cases
cognizable by the Sandiganbayan and to file information therefore and to direct and control prosecution
of violations of RA 3019 (AntiGraft and Corrupt Practices Act) and RA 1379, and crimes committed by
the public officers and employees, including those employed in the governmentowned and controlled
corporations in relation to their office;
Judge Advocate General Services AFP

The General Courts Martial is given jurisdiction to try military members and all persons subject to military
law under Article 2 of the Articles of War for crimes or offenses committed by them.

Commission on Election (COMELEC)

The Commission, through its duly authorized legal officers, has the exclusive power to conduct
preliminary investigation of all election offenses and to prosecute the same;

Special Counsels/Special Prosecutors

They may be designated by the Secretary of Justice pursuant to PD 1275 and Section 31 of the Local
Government Code of 1991.

Prosecution Protects the Rights of Accused

The prosecution, being officer of the legal system, have to ensure that the rights of accused as stated in
Rule 115 are being protected.

In all criminal prosecutions, the accused shall be entitled to the following rights:

1. To be presumed innocent until the contrary is proved beyond reasonable doubt.

2. To be informed of the nature and cause of the accusation against him.
3. To be present and defend in person and by counsel at every stage of the proceedings, from
arraignment to promulgation of the judgment. The accused may however, waive his presence
at the trial pursuant to the stipulations set forth in his bail, unless his presence is specifically
ordered by the court for purposes of identification. The absence of the accused without
justifiable cause at the trial of which he had notice shall be considered a waiver of his right to be
present thereat. When an accused under custody escapes, he shall be deemed to have waived
his right to be present in all subsequent trial dates until custody over his is regained. Upon
motion, the accused may be allowed to defend himself in person when it sufficiently appears to
the court that he can properly protect his rights without the assistance of counsel.
4. To testify as a witness in his own behalf but subject to cross-examination on matters covered by
direct examination. His silence shall not in any manner prejudice him.
5. To be exempt from being compelled to be a witness against himself.
6. To confront and cross-examine the witnesses against him at the trial. Either party may utilize as
part of its evidence the testimony of a witness who is deceased out of or cannot with due
diligence, or otherwise unable to testify, given in another case or proceeding, judicial or
administrative, involving the same parties and subject matter, the adverse party having the
opportunity to cross-examine him.
7. To have compulsory, process issued to secure the attendance of witnesses and production of
other evidence in his behalf.
8. To have speedy, impartial and public trial.
9. To appeal in all cases allowed and in the manner allowed by law.