CHAPTER 7

The Prosecution Pillar

OBJECTIVES:
• To know the different function of the
prosecution
• To know the process of cases in the
prosecution pillar

The prosecution as a Pillar of the Criminal Justice System

The Prosecution as the pillar of the CJS simply pertains to “a criminal action “.
Furthermore, is refers to a proceeding instituted and carried on by due course of law,
before a competent tribunal, for the purpose of determining the guilt or innocence of a
person charged with a crime.

It is also used to designate the government as the party to the proceeding in a

criminal action.

In a criminal case, it is also referred to as the process by which formal criminal charges
are brought against a person accused of committing crime.

Role of the Prosecutor

The following are some role of the Prosecution

1. To conduct Preliminary Investigation

2. To make proper recommendation during the inquest proceeding of the
case referred to them by the police after the investigation of the suspect
3. To represent the government or state during the prosecution of the case
against the accused;
4. To act as the legal officer of the province or City in the absence of its
legal officer;
5. To investigate administrative cases filed against state prosecutors,
provincial prosecutor, including the support staff of the national
prosecution service (NPS)

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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.

Purpose of Preliminary Investigation

In general, the preliminary investigation has a three-fold purpose:

1. To inquire concerning the commission of the crime

and the connection of the accused with it, in order
that he may be informed of the nature and
character of the crime charged against him, and if
there is probable cause for believing him guilty,
that the state may take the necessary steps to
bring him to trial;
2. To preserve the evidence and keep the witness
within the control of the state; and
3. To determine the amount of bail, if the offense is
bailable

The Purpose of Preliminary Investigation

The following are the principal purpose of preliminary investigation:

1. To determine whether a crime has been committed and whether there

is a probable cause to believe that the accused is guilty therof;
2. To secure the innocent against hasty, malicious and oppressive
prosecution
3. To protect him from an open and public accusation of a crime , from the
trouble, expense , anxiety of a public trial
4. To protect the state from useless and expensive trials.

Where can there be a 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 the law is at
least four (4) years, two (2) months and (1) day without regard to the fine.

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Persons Authorized to conduct Preliminary Investigation

The following are the officers authorized to conduct preliminary investigation:

1. Provincial or City Prosecutor and their assistants;

2. National and Regional State Prosecutor; and
3. Other officers as may be authorized by law

Example of other officers authorized by the law to conduct preliminary

investigation.

1. The Ombudsman and special prosecutor and public prosecutor duly authorized
by the Ombudsman with respect to cases under its jurisdiction (ex. Anti-graft
and Corrupt Practices Act. Bribery)
2. The COMELEC with the respect to cases in violation of the Election Law
3. Private Lawyers when duly deputized by any of the above

Prosecutors Discretion

The following are some of the Discretion of Prosecutors:

1. Whether or not to file the case in the court;

2. What charges file;
3. Whether or not to decline to prosecute the arrested party;
4. Whether or not to enter into plea-bargaining.

Some Reasons for Prosecutorial Rejection or Dismissal of some Criminal case

They are the following:

1. Insufficient evidence that result from a failure to find sufficient physical

evidence that links the defendant to the offense.
2. 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.
3. Due Process Problems that involve the violations of the constitutional
requirements for seizing evidence and for the questioning of the
accused.

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Some of the Factors that may influence Prosecutorial Decisions

They are the following:

1. Pressure from the Public.

2. Pressure from the Media.
3. The desire to get rid of a suspect who is a particular problem to the
community.
4. The belief that new evidence would be discovered and that such
evidence would be favorable to the suspect.
5. The nature of the complaint and the attitude of the offended party.
6. The seriousness of the offense.
7. The exchange of the relationship among the components of the CJS as
well as the congestion within and the resource demands placed upon
the system.

Bail

Is the security given for the release of the

person in the custody of the law, furnished by him or
the bondsman, to guarantee his appearance before
any court as required under the conditions as
specified.

When bail is a matter of right

a. At the Municipal Trial Court, Municipal Circuit Trial Courts, Metropolitant Trial
Court, all persons in custody shall be admitted to bail as a matter of right before
after conviction.
b. At the Regional Trial Court, all persons in custody shall be admitted to bail a
matter of right before conviction of an offense not punishable by death,
reclusion perpetua or life imprisonment.

When Bail is Discretionary

Upon conviction at the Regional Trial Court of an offense not punishable by

death, reclusion perpetua or life imprisonment, the admission to bail shall be
discretionary.

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 The one who decides when bail should be granted

The decision whether or not bail should be granted

when bail is discretionary is solely a court prerogative based
on strength of evidence at hand, the gravity of the offense and
the character or risk that the accused will commit another
crime or escape, among others

Posting Bail: Factors for Setting Bail

To determine what financial dollar figure will be necessary to ensure a defendant's

appearance at trial, a judge or magistrate examines the nature and circumstances of the
charges, paying particular attention to whether the offense involves malice, violence or
other dangers to the community. In setting bail, the court also examines the weight of the
evidence against the defendant, whether the person is a flight risk, past criminal history,
and much more.

Posting Bail: No Bail, and Conditional Bail

Where a defendant poses an obvious threat to the safety of the community, or

when the defendant is clearly facing a life sentence if convicted, he or she may be held
without bail. International defendants and wealthy defendants with international ties are
often held without bail due to the high flight risk.

Defendants may also be released on conditions that don't involve money including
surrendering their firearms, undergoing drug or alcohol testing and/or treatment, checking
in with a probation officer, and more.

Posting Bail: Bail Bond Agents

Once a court has set bail, it must be paid in cash, money order, cashier's check or
real property equity bond to the Clerk of the Court. Once posted, the court will issue a
release order to the sheriff holding you in custody.

If you can't afford to post your own bail, you can hire the services of a commercial
bail bond agent (bail bondsman). A bond agent will charge a nonrefundable fee, usually
10 to 20 percent of the total bail. In return, the bail bond agent agrees to pay the remaining
amount to the court if you fail to appear for your court proceedings.

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Posting Bail: Penalty for Failing to Appear

The penalty for failure to appear as required after release is a fine, imprisonment,
or both. Federal law provides that any term of imprisonment for failure to appear must run
consecutively to any other criminal sentence. However, if uncontrollable circumstances
caused the failure to appear, and if the person immediately appeared once it was possible
to do so, the person will have a valid defense to the failure to appear charge. Once a case
is over and all obligations have been fulfilled, the bond money is typically returned.
Sometimes administrative costs are deducted.

What is the Purpose of Bail?

After an arrest, a person is arraigned. At this point, the judge may decide to set
bail. Bail is a way for a defendant to be temporarily released from custody pending the
outcome of his or her case. It essentially serves as a form of insurance for the court; by
requiring that defendants secure bail bonds, a Maryland court can receive some measure
of assurance that they will appear for their next court appearance. If a defendant fails to
appear, the bail bond is withdrawn and the defendant is returned to custody.

Bail bonds are essentially an extension of the principle that all suspects are
innocent until proven guilty. Until a defendant is proven guilty, he or she might avoid the
punishment of jail while awaiting trial and continuing to carry out daily responsibilities,
such as going to work and taking care of his or her family. Provided the defendant meets
all requirements of the bail bond, the money is typically returned at the end of the trial,
regardless of whether the defendant is found guilty or not guilty. However, if the defendant
tries to flee the area and skip the trial, he or she forfeits the money used to secure the
bail bond.

Different Kinds of Bail

The following are the kinds of bail bond

1. Property

2. Cash

3. Corporate Surety

4. Recognizance

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Reference:

https://criminal.findlaw.com/criminal-
procedure/posting-bail.html

https://www.dominionbailbonding.com/blog/
2016/08/what-is-the-purpose-of-bail/

Philippine Criminal Justice System

(Second Edition) By Atty. Ramil Gabao
Video Link:

https://youtu.be/tTE0ZXIXQRE

https://youtu.be/r_ZdbJVpeJQ

https://youtu.be/oldBp9C2ZNc

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