PHILIPPINES CJS

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.
• The course of action or process whereby
accusations are brought before a court of justice to
determine the innocence or guilt of the accused.
 Functions

1. Evaluate the police findings referred to them, or

other complaints filed directly with them by
individual person.
2. File corresponding criminal complaints or
information in the proper courts on the basis of
their evaluation on the proofs at hand; and
3. Prosecute all alleged offenders in court, in the
name of the people of the Philippines.
 The PROSECUTOR

• He/she is a public officer having an authority to

conduct legal actions concerning the complaint
filed at his/her office and perform other
prosecution functions as provided by law;
 In the administration of Criminal Justice
System, what is the role of the
prosecutor?

• The prosecutor perhaps plays the most crucial role

in the administration of criminal justice system
because the office occupies a central and very
important position between the police and the
Courts.
• The prosecutor is the person responsible in
determining whether or not to bring formal charges
against persons accused of committing crimes to be
processed in the system. He/she decides whether
to prosecute the case or not.  
• Hence, even some authors referred to him as the
“traffic cop” of the criminal justice process.
 National Prosecution Service

• The National Prosecution Service is one of the

most important offices in the criminal justice
system in the Philippines, for the public prosecutor,
whether here or elsewhere, often literally holds the
power of life and death in his hands.
• As succinctly stated by the then Associated Justice of the
U.S. Supreme Court, Robert Jackson, “The Prosecutor
has more control over life, liberty and reputation than
any other person in America”.
• The NPS is mandated to maintain and upholds the
rule of law through effective expeditious delivery
of prosecutorial services in order to enhance peace
and order. The members of the NPS are primarily
tasked to investigate and prosecute all criminal
offenses defined and penalized under the Revised
Penal Code and other Special Penal Laws.
 Organization

• Composition:
The National Prosecution Service, which is under
the supervision and control of the Secretary of
Justice, is composed of the following:

1. The Officer of the Chief State Prosecutor in the

Officer of the Secretary of Justice;
2. The Regional State Prosecutor’s Office; and
3. The Provincial and City Prosecutor’s offices
Other investigatory bodies and individuals
tasked to investigate and prosecute specific
offences are the following:

1. Office of the Ombudsman.

• His 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.
2. Judge Advocate General Service, AFP, the
General Courts Martial
• are given jurisdiction to try military members and all
persons subjects to military law under Article 2 of the
Articles of War for crimes or offenses committed by them.
Other investigatory bodies and individuals
tasked to investigate and prosecute specific
of fences are the following:

3. Commission on Election (COMELEC)

• The Commission, through its duty authorized legal
officers, have the exclusive power to conduct
preliminary investigation of all election offenses and to
prosecute the same.
Who is being represented by the prosecutor
in the prosecution of the case?

• In Criminal prosecution, the prosecutor represents

the State or the People of the Philippines.

• This is so because 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 of the
Philippines.
The offended party in Criminal Prosecution is merely
a witness; collateral for the crime that was committed
by the accused is not against the offended party but
against the people of the Philippines.
 The
Prosecution
Process
If respondent cannot be
subpoenaed, or if
subpoenaed but does
not submit his/her
counter-affidavit within
10days, investigating
officer shall resolve
complaint based on the
evidence presented by
the complainant.
 Two types of SUBPOENA
SUBPOENA DUCES SUBPOENA AD
TECUM TESTIFICANDUM
Process directed to a Process directed to a
person, requiring him to person, requiring him to
bring with him any attend and to testify at
books/documents/things the hearing/trial of an
under his control. action or at any
investigation conducted
by competent authority,
or for the taking of his
deposition.
 DISTINGUISHED:
INFORMATION COMPLAINT
It is an accusation in writing It is a sworn written
charging a person with an statement charging a person
offense, subscribed by the with an offense, subscribed
prosecutor and filed to the by the offended party, any
court peace officer or other public
officer charged with the
enforcement of the law
violated.
 PRELIMARY
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 be held for trial (Section 1, Rule
112, Rules of Court).
 When can there be Preliminary
Investigation?

• A Preliminary Investigation is required to be

conducted before the filing of the 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
 Objectives of Preliminary
Investigation

1. To protect the innocent against hasty,

malicious and oppressive prosecution;
2. To protect the innocent from public
accusation of a crime, from the trouble,
expense and anxiety of a public trial; and
3. To protect the state from useless and
expensive prosecution.
Is there an instance when Preliminary
investigation in not required to be
conducted even if the crime is one that
requires Preliminary Investigation?

YES!
• when the offender was arrested without a
warrant, an INQUEST investigation will be
conducted by the inquest investigator. There is
no need to conduct a Preliminary
Investigation, unless the person arrested asks
for Preliminary Investigation. However,
before the same can be done, he must sign a
waiver under the provision of Art. 125 of
the Revised Penal Code.
• Where the detained person does not opt a
preliminary investigation or otherwise refuses
to execute the required waiver, the
investigator shall proceed with the inquest by
submitting the suspect before the inquest
prosecutor to include sworn
statements/affidavits to the complainant and
the witness/es and other supporting evidences.

• [3]
Article 125, Revised Penal Code.
• [4]
Rule 112, Sec. 7, Rules of Court.
 INQUEST
PROCEEDING
• Shall refer to an informal and summary
investigation conducted by a public prosecutor in
criminal cases involving persons arrested and
detained without the benefit of a warrant issued by
the court for the purpose of determining whether or
not said person should remain under the custody
and correspondingly charged in court.
 Probable Cause
• Presupposes a reasonable ground for belief in the
existence of fact warranting the proceedings
complained of;
• An apparent state of facts found to exist upon
reasonable inquiry which would induce a
reasonably intelligent and prudent man to believe
that the accused person had committed the crime
charged.
What are some of the discretion of
Prosecutors?

The following are some of the discretion of

prosecutors:

• 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 arise for example, when a
witness fails to appear, gives unclear or
inconsistent statements, is reluctant to testify, is
unsure of identity of the offender.
• Due Process Problems that involves the
violations of the Constitutional requirements for
seizing evidence and for the questioning of the
accused.