RESOURCE MATERIAL SERIES No.

53

THE ROLE AND FUNCTION OF THE PROSECUTION IN THE

PHILIPPINE CRIMINAL JUSTICE SYSTEM

Menrado Valle-Corpuz*
Department of Justice, Philippines.
INTRODUCTION
The criminal justice system, essentially,
is the system or process in the
community by which crimes are
investigated, and the persons suspected
thereof are taken into custody,
prosecuted in court and punished, if found
guilty, provisions being made for their
correction and rehabilitation.
Prior to the advent of American
sovereignty in the country, we had the
Spanish law on criminal procedure. The
Royal Decree of September 4, 1884, by
virtue of which the Penal Code in force
in the archipelago, as amended in
accordance with the recommendations of
the Code Committee, and its
accompanying law— t he Pr ovisional
Law on Cr iminal Procedure—were
published and applied in the Philippines
pursuant to the Royal Decree of
December 17, 1884. It became effective
four months after its publication in the
Gaceta de Manila. In addition, the
compilation of the Laws of Criminal
Procedure of 1879 and the Law of
Criminal Procedure of 1882 also formed
part of our law on the subject.
During the American occupation,
General Otis issued General Orders No.
58 on April 23, 1990, which was
amended at various times. Some of the
amendments wer e: Act No. 194, pr
oviding for preliminary investigations;
Act No. 440, relating to counsels de
officio; Act No. 590, providing for
preliminary investigations by Justices of
the Peace of provincial capitals; Act No.
2677, prescribing the procedure of
appeals of cases originating in the Justice

* State Prosecutor II, National Prosecution Service,

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of the Peace Courts to the Supreme
Court; Act No. 2709, regarding the
exclusion of an accused to be
utilized as a government witness;
and Act No. 2886, changing the
name of the party who should
prosecute the criminal action from
that of “The United States” to “The
People of the Philippines.”
The Philippine criminal justice
system is composed of five parts or
pillars, namely, law enforcement,
prosecution, judiciary, penology,
and the community.

I. LAW ENFORCEMENT PROCESS

The law enforcement consists of
the officers and men of the
Philippine National Police (PNP), the
National Bureau of Investigation
(NBI), and other agencies. When
they learn of the commission of
crimes or discover them, their duty is
to:

a. Investigate the crime which

may take the form of surveillance
and observation of suspects, other
persons and premises; interviewing
persons with knowledge of facts
directly or indirectly connected with
t h e off e n s e ; t a k i n g p h o t o g
r a p h s (surreptitiously or
otherwise); arranging for
entrapment; searching premises
and persons subject to
constitutional and statutory
safeguards; and examining public
and other available records
pertaining to the persons involved
and getting copies of pertinent
entries.
The police officers, in other words,
collect evidence for use in the
prosecution of the suspects in the
court. This may consist of the
testimony of witnesses, including
invited suspects, which are
invariably taken down in question-
and-answer form;

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writings and objects, e.g., gun, knife, places, solitary, in communicado or

other weapons used in the commission of other similar forms of detention are
the crime, clothing of the victim, etc. prohibited; and
3) Any confession or admission
b. Arrest suspects by virtue of a obtained in violation of the
warrant of arrest issued by a judge on the foregoing shall be inadmissible in
basis of evidence submitted by them or evidence against him.
under circumstances justifying a
warrantees arrest. c. Refer the case and the suspects to
The instances when an arrest without the Office of the Public Prosecutor or
warrant may be lawfully effected by a Municipal Trial Court for preliminary
peace officer or a private person are as investigation or directly to the Municipal
follows: Trial Court for trial and judgment.
(1) When in his presence, the person to
be arrested has committed, is II. PROSECUTION PROCESS
actually committing or is
attempting to commit an offense; The investigation and prosecution of
(2) When an offense has in fact just all cases involving violations of penal laws
been committed, and he has are lodged with the Department of Justice
personal knowledge of facts (DOJ) through its National Prosecution
indicating that the person to be Service (NAPROSS).
arrested has committed it; and The DOJ is headed by the Secretary
(3) When the person to be arrested is of Justice with three
a prisoner who has escaped from a Undersecretaries assisting him.
penal establishment or place Aside from being the prosecution arm
where he is serving final of the government, the DOJ shall have
judgment or temporarily confined the following powers and functions:
while his case in pending or has
escaped while being transferred from a. Act as principal law agency of the
one confinement to another. government and as legal counsel and
representative thereof, whenever so
Any person who—while in custody or required;
otherwise deprived of liberty—is under
investigation for the commission of an
b. Administer the probation and
offense, has the following constitutional
correction system;
rights, among others:
1) He must be informed of his right to
c. Extend free legal assistance/
remain silent and to have competent
representation to indigents and poor
and independent counsel preferably
litigants in criminal cases and non-
of his own choice. If the person
commercial civil disputes;
cannot afford the services of
counsel, he must be provided with
d. Preserve the integrity of land titles
one. These rights cannot be waived
through proper registration;
except in writing and in the
presence of counsel;
e. Investigate and arbitrate untitled
2) No torture, force, violence, threat,
land disputes involving small landowners
indimidation or any other means
and members of indigenous cultural
which vitiate the free will shall be
communities;
used against him; secret detention

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f. P r o v i d e i mm i g r a t i o n a c. Prepare legal opinions on queries

n d naturalization regulatory services and involving violations of the Revised Penal
implement the laws governing citizenship Code and special penal laws; and
and the admission and stay of aliens;
d. Review appeals from the
g. Provide legal services to the resolutions of prosecutors and other
national government and its prosecuting officers in connection with
functionaries, including government criminal cases handled by them.
owned or controlled corporations and Regional State Prosecutors have the
their subsidiaries; and following functions:
(1) Implement policies, plans,
h. Perform such other function as may programs, memoranda, orders,
be provided by law. It consists of the circulars and rules and regulations
following constituent units: of the DOJ relative to the
(1) Department proper; investigation and prosecution of
(2) Office of the Government Counsel; criminal cases in his region;
(3) National Bureau of Investigation; (2) Exercise immediate administrative
(4) Public Attorney’s Office; supervision over all Provincial and
(5) Board of Pardons and Parole; CityProsecutorsand oth
(6) Parole and Probation e r prosecuting officers of provinces
Administration; and cities comprised within his
(7) Bureau of Corrections; region;
(8) Land Registration Authority; (3) Prosecute any case arising within
(9) Bureau of Immigration; and the region.
(10) Commission on the Settlement of
Land Problems. Provincial and City Prosecutors have
the following functions:
The NAPROSS is with the
“Department Proper” which is under the a. Be the law officer of the province
control and supervision of the Secretary or city, as the case may be. He shall have
of Justice. It is composed of the charge of the prosecution of all crimes,
Prosecution Staff in the Office of the misdemeanors and violations of city or
Secretary of Justice headed by the Chief municipal ordinances in the courts of
State Prosecutor, the Regional State such province or city and shall therein
Prosecution Offices headed by discharge all the duties incident to the
Regional State Prosecutors, and the institution of criminal prosecutions;
Provincial and City Prosecution Offices
headed by the Provincial Prosecutor and b. Investigate and/or cause to be
City Prosecutor, respectively. investigated all charges of crimes,
The Pr osecut ion St aff or St at misdemeanors and violations of all penal
e Prosecutors perform the laws and ordinances within their
following functions: respective jurisdictions and have the
necessary information or complaint
a. Investigate administrative charges prepared or made against the persons
against prosecutors and other prosecution accused. In the conduct of such
officers; investigations, he or his assistants shall
receive the sworn statements or take
b. Conduct the investigation and oral evidence of witnesses summoned
prosecution of all crimes; by subpoena for the purpose;

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c. Investigate commissions of criminal They enjoy a security of tenure

acts and take an active part in the because they can be removed from office
gathering of relevant evidence. For this only for a cause. Their appointments
pur pose, t he Nat ional Bur eau of are not coterminous with the appointing
Investigation, Philippine National Police authority, which means that even if the
and other offices and agencies of the President who appointed them is no
government shall extend to him the longer in power, they shall still remain in
necessary assistance; office.
In the discharge of their duties,
d. Ac t a s l e g a l a d v i s e r of t prosecutors are guided by their “Credo”
h e municipality, and municipal district and the constitutional mandate that “a
of the provinces or the provincial or public office is a public trust and public
city government and its officers or of the officers and employees must at all t
city. As such, he shall, when so imes accountable to the people, serve
requested, submit his opinion in writing them with utmost responsibility, integrity,
upon any legal question submitted to him loyalty and efficiency, act with patriotism
by any such officer or body pertinent to and justice and lead modest lives.”
the duties thereof; and The prosecution process starts the
moment the law enforcer, the
e. Assist the Solicitor General, when complainant or public officer in
so deputized in the public interest, in the charge of t he enforcement of the law
performance of any function or in the alleged to have been violated files a case
discharge of any duty incumbent upon against a suspected criminal. With such
the latter, within the territorial filing, preliminary investigation will set
jurisdiction of the former, in which cases, in and the second stage in the life of a
he shall be under the control and criminal action is now in progress. The
supervision of the Solicitor General first stage is the police investigation.
with regard to the conduct of the Preliminary investigation is the stage
proceedings assigned to him and render at which the public prosecutor evaluates
reports thereon. the finding of the police or the
evidence submitted directly by a
The members of the NAPROSS are complainant or public officer in charge
selected from among qualified and of the enforcement of the law alleged to
professional trained members of the legal have been violated, to determine if
profession who are of proven integrity prosecution of the suspect in court is
and competence and have been in the warranted. The Rules of Court define
actual practice of the legal profession for preliminary investigation as an inquiry
at least five years prior to their on proceeding for the purpose of
appointment or have held during like determining whether there is sufficient
period, any position requiring the ground to engender a well founded belief
qualifications of a lawyer. that a crime cognizable by the Regional
They shall be appointed by the Trial Court has been committed and
President of the Philippines upon that respondent is probably guilty
recommendation of the Secretary of thereof, and should be held for trial.
Justice. A preliminary investigation is an
Once appointed, prosecutors are important substantive right of persons
required to attend seminars, lectures, suspected of crimes, the deprivation of
convention and continuing legal education which is tantamount to a deprivation of
to enhance their skills in investigation due process of law. It is designed against
and trial works. hasty and malicious prosecutions.
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Preliminary investigations may be s u c h recommendation is necessary.

conducted by the public prosecutors or
judges of the Municipal Circuit Trial
Courts.
The procedures in the conduct of a
preliminary investigation are as
follows:
(1) Filing of complaint and affidavits of
witnesses by the police,
complainant or public officer in
charge of the enforcement of the
law alleged to have been violated;
(2) Personal examination of affiants by
the investigating prosecutor;
(3) Preliminary action by investigating
prosecutor:
• Dismiss the complaint if he finds
no cause to continue with the
inquiry.
• Issue subpoena to respondent
requiring him to submit a
counter- affidavit. However, if
no such counter-affidavit is
submitted, the investigating
prosecutor shall resolve the case
on the basis of the evidence
submitted by the police, public
officer or complainant.
If a counter-affidavit is submitted
but there are matters which
need clarification, the
investigating prosecutor may set
a hearing to propound clarificatory
questions.
(4) Preparation of resolution. Based
on t h e e v i d e n c e p r e s e n t e
d , t h e investigating prosecutor
may:
• Prepare information if he finds
cause to hold the respondent for
trial. An information is an
accusation in writing charging a
person with an offense
subscribed by the fiscal and filed
with the court.
• Otherwise, recommend the
dismissal of the complaint.
However, in both cases, the approval
of the Provincial or City Prosecutor or
the C h i e f S t a t e P r o s e c u t o r of
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As r egar ds offenses wit hin benefit of a warrant of arrest for the
t he jurisdiction of Municipal Trial purpose of determining whether or not
Courts, no preliminary said persons should remain under
investigation is required by law. custody and correspondingly be charged
All that the public prosecutor is in court.
required to do is 1) to examine A respondent against whom an adverse
the complaint and supporting resolution was issued by the investigating
affidavit and 2) to personally
satisfy himself that the affiants
voluntarily executed and
understood their affidavits and that
the suspect has probably committed
the offense c h a r g e d . T h i s e x a
m i n a t i o n a n d determination
he does ex parte, i.e., without
notice to and in the absence of the
suspect. He then files the
information directly with the court.
At the preliminary investigation
of a crime cognizable by a Regional
Trial Court, the respondent has the
following rights:
(1) To have notice of the
investigation and to have a
copy of the complaint,
affidavits and other
supporting documents;
(2) To submit a counter-affidavit
and other supporting
documents within ten days
from notice;
(3) To examine all other
evidence submitted by the
complainant;
(4) To be afforded an opportunity
to be present at any hearing at
which clarification of certain
matters is to be made and
submit questions to the
investigating officer for the
purpose.
It bears emphasis that aside
from a preliminary investigation,
there is another type of investigation
which a prosecutor may conduct,
and this is what we call inquest
investigation, which is an informal
and summary investigation
conducted by a public prosecutor in
criminal cases involving persons
arrested and detained without the
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prosecutor is not without any remedy. He written arguments or memoranda after

may file an appeal to the Secretary of which the case is deemed submitted for
Justice within fifteen days from receipt of decision.
the questioned resolution. The law secures to every accused the
following rights during trial:
III. THE JUDICIAL PROCESS
If the preliminary investigation results a. To be presumed innocent until the
in the finding that a crime has been contrary is proved beyond reasonable
committed and the suspect is probably doubt;
guilty thereof, the public prosecutor will
file the corresponding information in b. To be informed of the nature and
the proper court; thus, activating the cause of the accusation against him;
judicial process.
The ca se sha ll t hen be set for c. To be present and defend in person
arraignment which is the first stage of a and by counsel at every stage of the
criminal action. It consists of the reading proceedings, from the arraignment to the
of the information or criminal complaint promulgation of judgment. The accused
in court to the accused in open court. The may, however, waive his presence at the
accused is then asked how he pleads. The trial pursuant to the stipulations set forth
accused may plead guilty or not guilty to in his bail bond, unless his presence is
the offense charged. If he refuses to specifically ordered by the court for
plead, a plea of not guilty will be entered purposes of identification. The absence
for him. If the accused pleads guilty, the of the accused without any justifiable
court shall sentence him to the cause at the trial or a particular date of
corresponding penalty if it is satisfied of which he had notice shall be considered a
the voluntariness of the plea, and waiver of his right to be present during
otherwise, of the guilt of the accused. If that trial. When an accused under custody
the accused pleads not guilty, the case is had been notified of the date of the trial
set for pre-trial and/or trial. and escapes, he shall be deemed to have
The pre-trial shall consider the waived his right to be present on said date
following matters: and on all subsequent trial dates until
(1) Plea bargaining; custody is regained. Upon motion, the
(2) Stipulation of facts; accused my be allowed to defend himself
(3) Marking for identification of in person when it sufficiently appears to
evidence of the parties; the court that he can properly protect his
(4) Waiver of objections to rights without the assistance of counsel;
admissibility of evidence; and
(5) Such other matters as will promote d. To testify as a witness in his own
a fair and expeditious trial. behalf but subject to cross-examination
on matters covered by direct examination.
No agreement or admission during the His silence shall not in any manner
pre-trial shall be used in evidence against prejudice him;
the accused unless reduced in writing and
signed by him and his counsel. e. To be exempted from being
After the pre-trial stage, trial follows. compelled to be a witness against himself;
T h e p r o s e c u t i o n co mm e n c e s t
h e presentation of evidence, followed by f. To confront and cross-examine the
the accused. Prosecution may present witnesses against him at the trial.
rebuttal evidence. The parties may also Either
present
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party may utilize as part of its evidence would probably change the judgement.
the testimony of a witness who is
deceased, out of or cannot with due
diligence be found in the Philippines,
unavailable 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 had the
opportunity to cross-examine him;

g. To have compulsary process issued to

secure the attendance of witnesses and
production of other evidence in his
behalf;

h. To have a speedy, impartial and

public trial; and

i. To have the right of appeal in all

cases allowed and in the manner
prescribed by law.

After the reception of the contending

parties pieces of evidence, the case is
now submitted for decision which the
court must render within ninety days
after trial. If the court acquits the accused
because in its view he is innocent or his
guilt is not proven beyond reasonable
doubt, the case is definitely ended.
Appeal by the
prosecution is barred by the principle of
double jeopardy.
On the other hand, if it convicts the
accused because in its view his guilt of
the crime charged has been established
beyond reasonable doubt, the latter may
move for a new trial or reconsideration
which may be based on either of the
following grounds:

a. That errors of law or irregularities

have been committed during the trial
prejudicial to the substantial rights of
the accused; or

b. That new and material evidence has

been discovered and produced at the trial,
and which, if introduced and admitted,
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The motion for reconsideration The community at large—through the
may be based on the errors of law appropriate legislative agencies, public
or fact in judgment. and private educational institutions,
In lieu of moving for new trial parents and guardians, churches,
or reconsideration or after denial of religious organizations, civic
such motion, the convicted accused associations, etc.—
may appeal to the Court of Appeals
or the Supreme Court within the
time fixed by law. If the appeal of
the convicted accused is
unsuccessful and his conviction is
affirmed, the case will be remanded
to the court of origin for the
execution of the judgement. The
latter court will set a date for the
accused to present himself for
the enforcement of the judgement.
At the time thus appointed, the court
will issue an order of commitment
and the accused is passed on the next
component.

IV. PENAL OR
CORRECTIONA
L PROCESS
Punishment is the isolation of
the convicts by imprisonment for the
periods laid down by the courts or in
extreme cases, their execution by the
method prescribed by law—and
correction and rehabilitation ar e
funct ions under t aken by t he
institutions set up by law, e.g., the
Bureau of Pr isons, Par ole and
Pr obat ion Administration.

V. THE COMMUNITY
After the convicts have passed
through t he corr ect ion
component — eit her
unconditionally (as by full service of
the term of imprisonment imposed
on them), or by parole or pardon—
they go back to the community and
either lead normal lives as law-
abiding citizens in their barangays,
or, regrettably, commit other crimes
and thus, go back through the same
processes and stages of the criminal
justice system.
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develops and exacts conformity with just the penal and correctional system,
acceptable moral and ethical values, nor just the
c r e a t e s t h e e n v i r o n m e n t fo r t
h e development of civic-spirited citizens,
and fosters respect for and observance
of the Rule of Law.
In particular, members of the
community having knowledge of facts
relevant to the investigation or
prosecution of crimes, are expected to
cooperate with law enforcers and
investigators, by reporting crimes and
giving evidence against the offenders.
Attorneys in legal practice, or
pertaining to associations commited to
giving legal aid to indigent or
otherwise deserving individuals,
should be reckoned as part of the fifth
component of the criminal justice
system, the community. They
participate directly or indirectly in the
criminal justice system by giving advice
to, or representing, persons involved in
criminal actions before the proper
authorities.
The community component should also
include government institutions that play a
role in the criminal justice system, such as
the Bureau of Posts—which delivers court
notices; the Commission of Immigration
and Deportation—which may prevent
the departure of suspects from the country;
the Bureau of Telecommunications—
which transmits communications by
telephone, telegram or radio; and the
government hospitals and medical centers
(like the National Psychopathic Hospital)
—which furnish experts who may
enlighten the courts on issues involving
medical or other sciences, etc. Private
institutions and civic organizations should
also be deemed part thereof, since they
may also have roles to play in the criminal
justice system.

CONCLUSION
The criminal justice system is not just
the agencies and persons charged with
law enfor c e me nt ; not just t he
public prosecution, nor the courts, nor
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community. The criminal justice system is
all of these institutions or pillars
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 Justice
Andres Narvasa, Supreme Court of the
Philippines.
2. Rules of Court (Rules 110 to 127).
3. P r e s i d e n t i a l D e c r ee N o .
1275 (Reorganizing the Prosecution
Staff of the Department of Justice and
the Offices of the Provincial and City
Prosecut ors, Regionalizing t he
Prosecution service and Creating the
National Prosecution Service).
4. The Philippine Constitution.
5. Republic Act 296, as amended by Batas
Pambansa 129, otherwise known as the
Judiciary Act.
6. Executive Order No. 292 dated July 25,
1987, ot her wise known as t he
Administrative Code of 1987.
7. DOJ Order No. 223 dated June 30,
1993C (Revised Rules on Appeal from R
e s o l u t i o n s i n P r e li m i n a r y
Investigation/Reinvestigation).

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