Study Guide for Midterms - CRLJ 121

PROSECUTION PILLAR

Lesson 1: The Prosecution Pillar

I. What is the Prosecution Pillar?

 It is responsible for evaluating evidence and formally charging a suspect in

court.
 Acts as a screening process to determine if a case should proceed or be
dismissed.
 Requires “proof beyond reasonable doubt” to convict an accused person.

II. Definition of Prosecution

 The legal process where accusations are brought to court to determine guilt or
innocence.

Who is a Prosecutor?

 The prosecutor represents the government in criminal cases.

 Functions under the Department of Justice (DOJ) and is independent from the
judiciary.

III. Functions of the Prosecutor

1. Conduct Preliminary Investigations – To determine if a case has enough

evidence to go to trial.
2. Conduct Inquest Proceedings – To validate the legality of warrantless arrests.
3. Represent the Government in Criminal Prosecutions – As the legal counsel
of the state.

IV. Relationship Between Law Enforcement and Prosecution

1. Police arrest suspects and collect evidence.

2. The prosecutor reviews and evaluates the evidence to decide if charges will
be filed.
3. The case proceeds to trial if there is enough evidence for conviction.

V. History of Prosecution

 Originated in England, where the victim was responsible for prosecuting

crimes.
  Henry VIII introduced police prosecutors to handle criminal cases.

VI. Three Systems of Prosecution

1. Adversarial System – The victim presents evidence, and the judge decides the
punishment.
2. Inquisitorial System – The judge investigates and determines guilt or
innocence.
3. Mixed System – Combines adversarial and inquisitorial approaches.

VII. Government Agencies with Prosecutorial Powers

 Department of Justice (DOJ) – Principal law agency of the government.

o Key officials: Secretary of Justice, Chief State Prosecutor, Board of
Pardons and Parole, Bureau of Corrections.
 National Prosecution Service (NAPROSS) – Handles criminal prosecutions
under RA 10071.
 Ombudsman (Tanodbayan) – Investigates and prosecutes government
corruption cases.

VIII. Public vs. Private Prosecutors

 Public Prosecutor – Represents the state in criminal cases.

 Private Prosecutor – A lawyer hired by the victim to assist the public prosecutor.

Lesson 2: Institution of Criminal Actions

I. How Are Criminal Actions Instituted?

 For serious offenses: Filed with the Office of the Prosecutor for preliminary
investigation.
 For less serious offenses: Filed directly with the Municipal Trial Court.

II. Difference Between a Complaint and an Information

 Complaint – Filed by the victim, a police officer, or a public officer.

 Information – Filed by the prosecutor based on evidence gathered.

III. Contents of a Complaint/Information

1. Name of the accused

2. Designation of the offense
3. Cause of accusation
4. Place of the offense
 5. Date of the offense
6. Name of the offended party

IV. Who Prosecutes Criminal Actions?

 The Public Prosecutor has full control of criminal prosecutions.

 A Private Prosecutor may assist if authorized by the court.

V. Types of Complaints and Liabilities

 Criminal – Violations of the Revised Penal Code.

 Civil – Lawsuits for damages caused by a crime.
 Administrative – Complaints against public officials.

VI. Rules on the Prosecution of Private Offenses

 Crimes like adultery and concubinage require a complaint from the offended
spouse.
 Minors can file cases for seduction, abduction, or lascivious acts without
parental consent.

Lesson 3: Inquest Proceedings and Preliminary Investigation

I. What is an Inquest Proceeding?

 Conducted by a prosecutor when a person is arrested without a warrant.

 Determines if the arrest is valid and if charges can be filed.

II. What is a Preliminary Investigation?

 A formal inquiry to determine if there is a reasonable certainty of conviction.

 Ensures that only strong cases move forward to trial.

III. Who Conducts Preliminary Investigations?

 Provincial/City Prosecutors
 National and Regional State Prosecutors
 Other officers authorized by law
IV. Difference Between Inquest and Preliminary Investigation

Feature Inquest Proceeding Preliminary Investigation

Applies to Warrantless arrests Cases with no immediate arrest
Conducted by Inquest Prosecutor Investigating Prosecutor
Purpose Determines validity of arrest Determines if case should go to trial

Lesson 4: The Public Attorney’s Office (PAO)

I. What is PAO?

 A government agency that provides free legal assistance to indigent individuals.

 Operates under the Department of Justice (DOJ).

II. Functions of PAO

1. Legal Aid and Advice – Free consultations and guidance.

2. Legal Representation – Defending indigent clients in court.
3. Drafting Legal Documents – Assistance in preparing affidavits and pleadings.
4. Court Representation – Advocating for clients in criminal, civil, and
administrative cases.
5. Dispute Settlement – Helping resolve legal conflicts outside court.

III. PAO’s Free Legal Services

 Based on Indigency Test and Merit Test:

o Indigency Test – Applicants must meet income requirements (e.g., less
than ₱14,000/month in Metro Manila).
o Merit Test – The case must have legal merit and a chance of success.

IV. Cases That PAO Does Not Handle

1. Conflicting interests – Cases where PAO lawyers represent both sides.

2. Prosecution of criminal cases – PAO lawyers do not act as prosecutors.
3. Bouncing Checks Law (BP 22) – PAO does not defend check-related
violations.
4. Adoption Cases – Except when one parent is the petitioner.
 STUDY GUIDE FOR THE MIDTERMS
COURTS PILLAR
Lesson 1: The Courts Pillar

I. What is the Courts Pillar?

 A government institution that decides cases based on laws.

 Resolves legal disputes between citizens or between citizens and the
government.
 Roles of the Courts:
1. Conducts arraignment and trial.
2. Issues warrants of arrest if the accused is at large.
3. Acquits the innocent and convicts the guilty.
4. Defends human rights and ensures due process.

II. Judicial Power of Courts

 Judicial power is vested in the Supreme Court and lower courts.

 Two Main Functions:
1. Settle actual controversies involving conflicting rights.
2. Review discretion of the government’s political branches.

III. The Hierarchy of Courts in the Philippines

Level Function
Supreme Court Highest court, final decision on cases
Court of Appeals Reviews decisions from lower courts
Hears criminal and civil cases punishable by 6+ years
Regional Trial Courts (RTC)
imprisonment
Metropolitan/Municipal Trial Handles minor offenses (imprisonment <6 years) and
Courts (MTC) local ordinance violations
Handles specific cases (e.g., tax, corruption, family,
Special Courts
Shari’a laws)
IV. Special Courts in the Philippines

1. Court of Tax Appeals (CTA) – Handles tax-related cases.

2. Sandiganbayan – Tries government officials accused of graft and corruption.
3. Shari’a Courts – Handles Muslim personal law cases.
4. Family Courts – Hears cases involving minors.

Lesson 2: Jurisdiction and Venue

I. Criminal Jurisdiction

 The authority of a court to hear and decide criminal cases.

Types of Criminal Jurisdiction:

1. General Jurisdiction – Can hear all types of cases unless assigned elsewhere.
2. Limited Jurisdiction – Can only hear specific cases.
3. Original Jurisdiction – The first court to hear a case.
4. Appellate Jurisdiction – Reviews cases from lower courts.
5. Exclusive Jurisdiction – Only one court can hear the case.
6. Concurrent Jurisdiction – Multiple courts can hear the case.

II. Types of Court Jurisdiction

1. Jurisdiction over Subject Matter – Based on the type of crime committed.

2. Jurisdiction over Territory – The crime must be committed within the court’s
area.
3. Jurisdiction over the Accused – The accused must be present in court.

III. What is Venue?

 The place where a case must be tried.

 In criminal cases, it is the location where the crime was committed.
 General Rule: Cases must be filed in the municipality or province where the
crime happened.
Lesson 3: Court Proceedings and Appeal

I. Stages of Court Proceedings

1. Arraignment – The accused is formally charged and enters a plea (guilty or not
guilty).
o Must be done in a language known to the accused.
o If the accused refuses to plead, a plea of not guilty is entered.
2. Pre-Trial – A meeting to simplify issues and determine possible plea bargaining.
o Plea Bargaining – The accused pleads guilty to a lesser offense in
exchange for a reduced penalty.
o Other matters settled in pre-trial:
 Stipulation of facts
 Marking of evidence
 Waiving objections to evidence
3. Trial – The court formally hears the case and determines guilt or innocence.
4. Judgment and Sentencing
o Judgment: The court’s ruling on guilt or innocence.
o Sentencing: Imposition of penalties upon conviction.
5. Appeal – The case is brought to a higher court for review.
o Must be filed within 15 days from judgment.
o After 15 days, the decision becomes final and executory.

Lesson 4: The Concept of Bail

I. What is Bail?

 A security deposit that allows a person in custody to be temporarily released

while awaiting trial.
 Purpose: Ensures that the accused appears in court as required.

II. Where to File Bail?

 The accused must file bail in the court where the case is pending.
 If bail is discretionary, it is determined by the court after preliminary
investigation.

III. When Can Bail Be Denied?

Bail can be denied if the accused:

1. Is a recidivist (habitual offender).

 2. Has previously escaped or violated bail conditions.
3. Committed a crime while on probation, parole, or pardon.
4. Is a flight risk.
5. Poses an undue risk of committing another crime.

IV. Rules on Bail (1987 Constitution, Section 13, Article III)

 Bail is a right except for crimes punishable by reclusion perpetua (life

imprisonment) when evidence of guilt is strong.
 If the judge finds the evidence weak, bail may be granted.
 If the judge finds strong evidence, bail is denied.

V. Forfeiture of Bail

 If the accused fails to appear in court, their bail will be forfeited.

 The bondsman must produce the accused or explain their absence.

VI. Re-Arrest of an Accused Out on Bail

 The bondsman may arrest the accused and surrender them to authorities.
 If the accused tries to leave the country, they may be re-arrested without a
warrant.

-END OF STUDY GUIDE-

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