COC-CLJ1 INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

MODULE 3
THE PROSECUTION
THE SECOND PILLAR IN THE ADMINISTRATION OF THE
CRIMINAL JUSTICE SYSTEM (CJS)

A. Module Description:

The second pillar in the CJS is the Prosecution which refers to the agency and other
offices under the justice department authorized by the government to represent the State
in the prosecution of criminal cases before the court of law. This module highlights the role
of the prosecution within the Criminal Justice System with emphasis on the prosecution
process. Preliminary investigation and the institution of criminal actions will also be
tackled.

B. Learning Outcomes:

At the end of this module, the students should be able to:

1. Explain the role of prosecution in the Criminal Justice System process.
2. Trace the prosecution process
3. Discuss the preliminary investigation

A. PROSECUTION AS A PILLAR OF THE CJS

The prosecution as the pillar of the CJS simply pertains to “a criminal action”.
Furthermore, it 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 a crime.

How is prosecution of criminal offenses initiated in the Philippine setting?

For offenses that requires preliminary investigation, the criminal complaint is

instituted by the filing at the office of the Public Prosecutor (Metro Manila or Chartered
Cities or in the Province).

For offenses that do not require preliminary investigation, the same shall be filed
at the office of the Public Prosecutor in Metro Manila or Chartered Cities as the case
may be. In the provinces, the same may be filed directly with the court (Municipal Trial
Courts or Municipal Circuit Trial Courts).
COC-CLJ1 INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

For the so-called private crimes, the same cannot be instituted unless the private
offended gives the consent or initiates the filing of the complaint against the offender or
in the absence or incapacity of the offender to initiate the filing of the complaint, by
those enumerated under the rules.

For offenses whose penalty do not exceed imprisonment of one (1) year regardless
of fine, and the offender is not a corporation, the same shall undergo the required
conciliation proceedings at the Katarungang Pambarangay (Barangay Justice System).

In our setting, who conducts the prosecution?

In our setting, the prosecutor is the government officer tasked to conduct the
prosecution of criminal actions in court. The Revised Rules of Court expressly provides
that the prosecution has the direction and control of the case. Although, in the
Municipal Trial Court or Municipal Circuit Trial Courts when the prosecutor is absent,
the offended party, any peace officer, or public officer charged with enforcement of the
law violated may prosecute the case. But such authority shall cease upon actual
intervention of the prosecutor or upon elevation to the Regional Trial Court.
Who is being represented by the prosecutor in the prosecution of the case?

In criminal prosecution, the public 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; mere
collateral, for the offended party but against the people of the Philippines

National Prosecution Service

- The prosecution arm of the government.
- It composed of Provincial Prosecutors, City Prosecutor, Regional Prosecutors, and
State Prosecutors.
- It is placed under the supervision and control of DOJ.

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.

B. PROSECUTOR’S ROLES

What are some of the roles of the prosecutor?

(a) To conduct preliminary investigation;

(b) To make proper recommendation during the inquest proceedings of the case
referred to them by the police after the investigation of the suspect;
(c) To represent the government or state during the prosecution of the case
against the accused;
(d) To act as a legal officer of the province or city in the absence of its legal officer;
COC-CLJ1 INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

(e) To investigate administrative cases filed against State Prosecutors, Province

Prosecutors, including the support staff of the National Prosecution Service
(NPS.)

In the administration of CJS, what is the role of the prosecutor?

The prosecutor perhaps plays the most crucial role in the administration of CJS
because the office occupies the 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 person suspected of committing crimes and be brought
to a judicial proceeding. The public prosecutor decides whether to prosecute the case or
not. Hence, even some authors referred to him as the “traffic Cop” of the criminal
justice process.

C. PRELIMINARY INVESTIGATION

Definition of Preliminary Investigation

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. (Section 1,
Rule 112)

Purposes of preliminary investigation

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

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

Principal purposes of preliminary investigation

1. To determine whether a crime has been committed and whether there is probable
cause to believe that the accused is guilty thereof;
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; and
4. To protect the state from useless and expensive trials.

Is preliminary investigation a constitutional right?

No, preliminary investigation is not a constitutional right, it is merely a statutory

right.

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.
COC-CLJ1 INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

Is there an instance when preliminary investigation is not required even if the

crime is one that requires preliminary investigation?

Yes, based on the Rule 112, Sec.7, Rules of Court, 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 Article 125 of the Revised Penal Code.

Note: Inquest Proceeding is applicable only when the accused is arrested without a
warrant.

Can it be waived?

Yes, since it is merely as statutory and personal right, it can be waived either
expressly or by implication. When the accused failed to invoke his/ her right to
preliminary investigation before or at the time of the arraignment, he/ she is deemed to
have waived his/ her right to preliminary investigation.

Is preliminary investigation a matter of right?

Preliminary investigation is a matter of right only when the crime is punishable

by a penalty of at least four (4) years two (2) months and one (1) day regardless of fine.
Otherwise it is not.

What is the effect of preliminary investigation is not accorded to the respondent

or the accused?

Denial of preliminary investigation to the accused or the respondent when proper

shall be considered a violation of due process because preliminary investigation is a
component part of due process in criminal justice. The right to a preliminary
investigation is a substantive right.

D. PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATIONS

Rule 112, Sec. 2 of Rules of Court states that the following may conduct preliminary
investigations:

(a) Provincial or City Prosecutors and their assistants;

(b) National and Regional State Prosecutors; and
(c) Other officers as may be authorized by law. Which includes:

1. Legal Officer of the Commission on Election and those deputized- in connection with
the election offense.
EXCEPTION: those with exclusive authority under COMELEC- prosecutors and
municipal judges have the power to conduct PI.
- However, those that falls under the original jurisdiction of Sandiganbayan shall
TRANSMIT the records for appropriate action. Moreover, prosecutor and judges
cannot dismiss the complaint without prior written authority.
COC-CLJ1 INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

2. Ombudsman, Special Prosecutor and Prosecutor DULY authorized by the

Ombudsman- in connection with the offense cognizable by the Sandiganbayan.

Their authority to conduct PI includes all crimes cognizable by the proper courts in
their respective territorial jurisdiction.
- RTC judges have no power to conduct PI. They don’t have the authority to order
specific assistant prosecutor to conduct the PI.
- COMELEC is vested with Exclusive authority of conduct PI on cases involving
violations of election laws, including acts or omission constituting election
frauds, offenses and malpractice.
3. Private lawyers when duly deputized by any of the above.

Difference between the probable cause in the conduct of preliminary investigation

and probable cause in the issuance of the warrant of arrest.

Probable cause for the purpose of filing information by the prosecutor has been
defined as the existence of such facts and circumstances as would excite the belief, in
a reasonable mind, acting on the facts within the knowledge of the prosecutor, that the
person charges was guilty of the crime for which he was prosecuted.

Whereas probable cause for the issuance of a warrant of arrest is that which,
based on facts and circumstances obtaining, would lead a reasonably discreet and
prudent man to believe that an offense has been committed by the person sought to be
arrested.
In the former, the prosecutor determines probable cause; while in the latter, it is
the judge who determines the probable cause.

When may a judge issue a warrant of arrest?

The rule is that an arrest warrant must be issued by a judge only after examining
the complainant and the witnesses he may produce after finding probable cause to
believe that the person to be arrested has committed a crime.

What is the relevance of preliminary investigation in the administration of CJS?

In a jurisdiction, the conduct of preliminary investigation is very relevant because

at the onset of the criminal process the entry into the system of the offender is already
being screened so that the criminal complaint that does not have probable cause is not
given due course.

What is the effect of preliminary Investigation (PI) over all in the administration
of the CJS?

The primary effect of PI in the criminal process is to reduce the backlog and
congestion of cases in our courts.
COC-CLJ1 INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

Filing of the complaint accompanied by affidavits and supporting documents

Within 10 days after the filing, the investigating officer shall either dismiss or issue
subpoena

If the subpoena is issued, respondent shall submit a counter-affidavit and other

supporting documents within 10 days from receipt thereof

Hearing (Optional)

Resolution of Investigating prosecutor

Figure 1. Flow Chart of Preliminary Investigation

E. INSTITUTION OF CRIMINAL ACTION

How criminal action is instituted?

Criminal actions shall be instituted as follows:
a. For offenses where a preliminary investigation is required 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. (Section 1, Rule 110)

Complaint defined — A 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. (Section 3, Rule 110)

Information defined — An information is an accusation in writing charging a person

with an offense, subscribed by the prosecutor and filed with the court. (Section 4, Rule
110).
COC-CLJ1 INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

Prosecution of criminal actions

All criminal actions either commenced by a complaint or information shall be
prosecuted under the direction and control of a prosecutor. In case of heavy work
schedule of the public prosecutor or in the event of lack of public prosecutors, the
private prosecutor may be authorized in writing by the Chief of the prosecution office or
the Regional State Prosecutor to prosecute the case subject to the approval of the Court.
Once so authorized to prosecute the criminal action, the private prosecutor shall
continue to prosecute the case up to end of the trial even in the absence of a public
prosecutor, unless the authority is revoked or otherwise withdrawn (AM No. 02-2-07-
SC, Effective May 1, 2002)

Prosecution of Private Offense

The Crime of adultery and concubinage shall not be prosecuted except upon a
complaint filed by the offended spouse. The offended party cannot institute criminal
prosecution without including the guilty parties, if both are alive, nor, in any case, if the
offended party has consented to the offense or pardoned the offenders.

The offenses of seduction, abduction, and acts of lasciviousness shall not be

prosecuted except upon a complaint filed by the offended party of her parents,
grandparents or guardian, nor, in any case, if the offender has been expressly pardoned
by any of them. If the offended party dies or becomes incapacitated before she can file
the complaint, and she has no known parents, grandparents, or guardian, the State
shall initiate the criminal action in her behalf (Section 5, Rule 110).

Notes:
- Private offenses are those offenses which cannot be prosecuted without a
complaint first file by the offended person himself.
- Bigamy and rape are not considered as private offenses.

A minor’s right to initiate the prosecution of an offense

The offended party, even if a minor, has the right to initiate the prosecution of the
offenses of seduction, abduction and acts of lasciviousness independently of her
parents, grandparents, or guardian, unless she is incompetent or incapable of doing so.
Where the offended party, who is a minor, fails to file the complaint, her parents,
grandparents, or guardian may file the same. The right to file the action granted to
parents, grandparents or guardian shall be exclusive of all other persons and shall be
exercised successively in the order herein provided.

No criminal action for defamation which consists in the imputation of the offenses
mentioned above shall be brought except at the instance of and upon complaint filed by
the offended party.

Note:
Effect of RA 7610 (Special Protection Against hild Abuse, Exploitation and
Discrimination Act)- under Sec. 27 of RA 7610, complaints on cases of unlawful acts
mentioned in the law committed against children, may be filed under the following:

a. Offended party;
b. Parents or guardians;
COC-CLJ1 INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

c. Ascendant or collateral relative within the third degree of consanguinity;

d. Officer, social worker or representative of a licensed child-caring institution;
e. Officer or social worker of DSWD;
f. Barangay Chairman; or
g. At least three (3) concerned, responsible citizens where the violation occurred.

F. PROSECUTOR’S DISCRETION

What are some of the discretion of Prosecutors?

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

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

What is the most important prosecutorial discretion?

The prosecutor in our setting has virtually unlimited discretion and the most
important prosecutorial discretion is deciding whether or not to file the case in court
against the accused.

Many times the prosecutor will refuse to prosecute or, after deciding to prosecute
and bring formal charges against the suspect, will petition the court to drop the charges.
Once the prosecutor decides to prosecute, he/she must decide the appropriate charges
to be filed against the particular suspect depending on the gravity of the offense and the
degree of participation of the accused in the commission of the crime.

Reasons for Prosecutorial rejection or dismissal of some criminal cases

1. Insufficient evidence that results from a failure to find sufficient physical evidence
that links the defendants to the offense.
2. Witness problem that arise for example, when a witness fails to appear, gives
unclear of inconsistent statements, is reluctant to testify, is unsure of identity of
the offender.
3. Due process problems that involves the violations of the constitutional
requirements for seizing evidence and for questioning of the accused.

What is the primary goal that the prosecutor will consider in charging decision?

Crime prevention is the primary goal of the prosecutor in charging decision.

Prosecutors attempt to control crimes by prosecuting and therefore incapacitating
offenders and deterring potential criminals.

Some factors that may influence prosecutorial decisions

1. Pressure from the public and media

2. The desire to get rid of suspect who is a particular problem in the community
3. The belief that new evidence would be discover and that such evidence will be
favorable to the suspect
4. The nature of the complaint and the attitude of the offended party
5. The seriousness of the offense
COC-CLJ1 INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

6. The exchange of the relationship among the components of the CJS as well as
the congestion within in the resource demand place upon the system

Does the prosecutor have a greater discretion than the police?

Yes, the prosecutor has given the greater discretion than the police. The
prosecutor may refuse to file formal charges against those arrested, hence, minimizing
or influencing the arrest power of decision making of the police.

What would be the effect of the above discretion of the prosecutor over the police’s
performance of their duty?

Although the prosecutor has no direct control over the police, this power to
decline prosecution may affect the way police operate.

If the prosecutor often refuses to prosecute certain types of cases, the police may
stop making the arrest when suspect appear to have violated those offenses. On the
other hand, vigorous prosecution of some kinds of offenses might encourage the police
to be more diligent in arresting for those offenses.

Is it possible to interfere or to control the prosecutorial discretion?

No, as a general rule, and in the line of cases, even the Supreme Court is reluctant
to interfere in the exercise of prosecutorial discretion. This is in deference to the
Doctrine of separation of powers between co-equal branches of the government; save
in some instances when the prosecutor is alleged to have gravely abuse the exercise of
his discretion amounting to lack or excess of jurisdiction.

Remedies available to the prosecutor without just cause decline to prosecute a

crime

1. File a motion for reconsideration

2. File an administrative appeal with the Secretary of Justice
3. File an administrative case against the prosecutor
4. File a civil case against the prosecutor
5. File a special civil action for grave abuse of discretion
6. File a criminal case against the prosecutor
COC-CLJ1 INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

Figure 2. Prosecution Process

(Source: Rules 110, 112, and 113, Revised Rules of Criminal Procedure)