Professional Documents
Culture Documents
Second Pillar: Prosecution
Second Pillar: Prosecution
• The process or method whereby accusations are brought before a court of justice
to determine the innocence or guilt of the accused.
• PROSECUTORS
• Evaluator
• Traffic Cop
POLICE PROCESS
- The police conduct investigation and when the outcome of their investigation
reveals sufficient evidence against a particular suspect, based on testimony and
identification by witnesses, and other evidence, the suspect is placed under arrest.
CUSTODIAL INVESTIGATION
• It is conducted when the suspect has been taken into custody, and the police carry
out a process of interrogation.
Basic Procedure in Preliminary Investigation (Rule 112, Sec 2., Rules of Court)
b. For all other offenses, by filing the complaint or info directly with the MTC and
MCTC, or the complaint with the office of the prosecutor.
* The institution of the criminal action shall interrupt the running period of
prescription of the offense charged unless otherwise provided in special laws.
✓ Name of the accused – the complaint or information must state the name and
surname of the accused or any appellation or nickname by which he has been or is
known.
✓ Designation of the offense given by the statute – and specify the qualifying and
aggravating circumstance
PD 911
- To secure the innocent against hasty, malicious and oppressive prosecution and to
protect him from an open and public accusations of a crime.
b. If no such cause exists, he shall dismiss the complaint. But if there is a probable
cause, he shall notify and require the person charge to submit his affidavit and
those of his witnesses within 10 days.
c. If no such affidavits are submitted or the person charged does not appear, the
investigation shall proceed without him.
d. Based on the affidavits and documents submitted by the parties, the Fiscal or
State prosecutor shall decide within 10 days whether a crime has been committed
and the person charged is probably guilty thereof.
e. He shall furnish the parties’ copies of his resolution briefly stating his findings
of facts and the law supporting his decision.
g. In such a situation, he shall ask the parties and their witnesses clarificatory
questions.
i. The Provincial Fiscal or Chief State Prosecutor himself may file the proper
information or direct another Assistant Fiscal to do so if he reverses a
recommendation to dismiss a complaint.
k. If the Secretary of Justice believes that the person charged is not guilty of the
crime, he can order any Assistant Fiscal to move for the dismissal of the case. In
like manner, he can order the filing of the proper information if he believes that the
person charged is probably guilty of the offense.
• Provincial or City Prosecutors and their assistants • National and Regional State
Prosecutors • Other officers who may be authorized by law (COMELEC,
OMBUDSMAN)
*When a person is lawfully arrested without warrant there is no right for
preliminary investigation
Prosecutorial Discretions
3. To enter into agreement with the defense counsel for the consideration and
approval of the court.
4. To file an action for mandamus to compel the fiscal to file the information.
ARRAIGNMENT
is the legal mechanism whereby an accused is brought before the court wherein
the complaint charged against him is read by the clerk of court in the presence of
his lawyer.
PLEA BARGAINING
is the process of discussion or negotiation between the defense counsel and the
prosecutor, aimed at reaching an agreement whereby the prosecutor uses discretion
to obtain from the judge a lighter sentence in exchange for the defendant’s entering
a guilty plea. (It is authorized by Sec 1 and 2 of Rule 116 of Revised Rules on
Criminal Procedures)
• Plea bargaining is not allowed under Dangerous Drugs Act where the imposable
penalty is Life imprisonment.
• Saving factor in plea bargaining – the truly innocent don’t plead guilty.
1. Lawyer hired.
• This act was enacted to ensure speedy trial of all criminal cases before the
Sandigan Bayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial
Court and Municipal Circuit Trial Court. Under this act, the following Section
gives significant on the speedy resolution of cases.
1. Plea bargaining;
2. Stipulation of Facts;
• Modification of the order of trial if the accused admits the charge but interposes a
lawful defense
Sec 3. All agreements or admissions made or entered into during the pre-trial
conference shall be reduced to writing and signed by the accused and counsel,
otherwise the same shall not be used in evidence against the accused.
Sec 7. The arraignment of an accused shall be held within 30 days from the filing
of the information, or from the date the accused has appeared before the justice,
judge or court in which the charge is pending, whichever date last occurs.
• Thereafter where a plea of not guilty is entered, the accused shall have at least
fifteen 15 days to prepare for trial. Trial shall commence within 30 days from
arraignment.
• If the accused pleads not guilty to the crime charged, he or she shall state whether
he/she interposes a negative or affirmative defense. A negative defense shall
require the prosecution to prove the guilt of the accused beyond reasonable doubt,
while an affirmative defense may modify the order of trial and require the accused
to prove such defense by clear and convincing evidence.
Section 13, If an accused is not brought to trial within the time limit required by
Section 7 of this Act as extended by section 9, the information shall be dismissed
on motion of the accused. The Accused shall have the burdened of proof
supporting such motion, but the prosecution shall have the burden of going forward
with the evidence in connection with the exclusion of time.
• Failure of the accused to move for dismissal prior to trial or entry of a plea of
guilty shall constitute a waiver of the right to dismissal under this section.
PRE-TRIAL
2. How to set the level of seriousness of the offense to be charged 3. When to stop
prosecution
In all criminal cases cognizable by the SB, RTC, MTC, MTC in cities and MCTC,
the court shall after arraignment and within 30days from the date the court acquires
jurisdiction over the person of the accused, unless a shorter period is provided for
in special laws or circular of the SC, order a pre-trial conference to consider the
ffng:
a. plea bargaining;
b. stipulation of facts;
e. modification of the order of trial if the accused admits the charge but interposes
a lawful defense; and
f. such other matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case. (secs. 2 and 3, cir. 38-98)
1. Keeping Peace
2. Deciding Controversies
3. Administrative Role
- Court must work both in the interest of the offender and offended person towards
the attainment of justice
- Fair trial
Judicial Power
• The judicial power shall be vested in one Supreme Court and in such other courts
as may be established by law. (Art VIII, Sec 1 of 1987 Constitution)
• Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government
Royal Audiencia – established on May 5, 1583 One (1) Chief Justice and 14
Associate Justices
- Supreme Court: The Highest Court – It is the final arbiter of any and all
judicial issues. It composed of one Chief Justice and fourteen associate justices, all
of whom are presented by the Judicial and Bar Council.
• June 11, 1901 marks the birth of the Supreme Court. It was preceded by the
Royal Audiencia, a collegial body established on May 5, 1583.
- The Court of Appeals – was established under Batas Pambansa Bilang 129
known as “The Judiciary Reorganization Act of 1980” It composed of one
presiding judge and 68 Associate Justices.
- The Regional Trial Courts – were established among the regions in the
Philippines.
- R.A 8369 – otherwise known as the “Family Courts Act of 1997” was enacted
establishing the Family Court, granting this court exclusive original jurisdiction
over child and family cases.
2. All criminal cases where the penalty is higher than six years imprisonment
(except those cases falling within the Sandiganbayan) are within the jurisdiction of
the RTC.
3. In cases where the only penalty provided by law is a fine, the MTC has
exclusive original jurisdiction over offenses punishable with a fine not exceeding
4,000 pesos.
4. The MTC also has exclusive original jurisdiction over all violations of city or
municipal ordinances committed within its respective territorial jurisdiction. The
MTC has also a special jurisdiction to hear and decide petitions for writ of habeas
corpus or applications for bail in the Province or City where the RTC judges are
absent.
5. In addition, the following cases should also be filed with the MTC:
a. Cases involving BP 22
c. The RTC shall exercise original jurisdiction over criminal cases not within the
exclusive jurisdiction of any court, tribunal or body. This is because the RTC is a
court of general jurisdiction.
SPECIAL COURTS
It has appellate jurisdiction over all cases tried in the Shari’a Circuit Courts within
their territorial jurisdictions.
The decision of the SDC, whether on appeal from the SCC or not, is final.
The Shari’a Circuit Court – equivalent to the Municipal Circuit Trial Courts
which were established in certain municipalities in Mindanao where the Code of
Muslim Personal Laws of the Philippines is being enforced. It has original
jurisdiction over;
All civil actions and proceeding between parties who are Muslims or have been
married in accordance with Article 13 of PD 1083
2. COURT OF TAX APPEALS (CTA) – it has the same level with the Court of
Appeals – can try criminal cases esp. in violation of tax laws - The Court of Tax
Appeals – it was created under RA 1125. It is a special court with limited
jurisdiction. It has same level with Court of Appeals. RA 9282 expanded the
jurisdiction of the CTA, elevating its rank to the level of a collegiate court with
special jurisdiction and enlarging its membership.
1. Jurisdiction over the subject matter – the offense by virtue of the imposable
penalty or its nature, is one which the court is by law authorized to take cognizance
of.
2. Jurisdiction over the territory – the offense must have been committed or any
of its essential ingredients must have taken place within the territorial jurisdiction
of the court. It cannot be waived and where the place of the commission was not
specially charged, the place may be shown by evidence.
3. Jurisdiction over the person of the accused – the person charged with the
offense must have been brought for trial, forcibly by warrant of arrest or upon his
voluntary submission to the court.
• JURISDICTION
is the power and authority of the court to hear, try, and decide a case.
• VENUE
refers to a place or the geographical area, where the action is to be filed and tried.
• TRIAL
– refers to the presentation of the prosecution and the defendant of their respective
case and arguments before the court.
The following are the defenses the accused might put up:
1. The defense of alibi – is simply a CLAIM by the defendant that he or she WAS
IN ANOTHER PLACE when the crime occurred and therefore could not have
committed it. This is supported by witnesses and documentary evidence.
2. The defense of insanity – is a claim that the defendant should be exonerated
from criminal responsibility because he or she was/is suffering from a mental
condition or mental incapacitation.
3. The defense of instigation – if the defendant can establish that he or she would
not have committed the crime were it not for the encouragement or compulsion of
law enforcement agents, he /she is not criminally liable.
4. The defense of duress – this is based on the claim that the act was the result,
not of any intent on the part of the accused, but of threats of loss of life, limb, or a
loved one. Duress as a valid defense should be based on real, imminent, or
reasonable fear for one’s life or limb and should not be speculative, fanciful, or
remote fear.
5. The defense of consent – that the victim consented to the act for which the
accused stands charge. This defense is common in rape and acts of lasciviousness.
• PARTICIPANT
the court must decide the culpability or innocence of the accused after a careful
examination of the records or the case after its trial on the merit
• SUPERIOR
SUBPOENA
SUMMON
• It is a writ of the court by which the defendant is notified of the action brought
against him.
• BAIL is the security given for the release of a person in custody of law, furnished
by him or a bondsman, conditioned upon his appearance.
FORMS OF BAILS
- Corporate surety
- Property bonds
- Cash deposit
- Recognizance
RECOGNIZANCE
refers to an obligation of record, entered into before some court or officer with a
condition to do some particular acts.
• PREVENTIVE DETENTION
is an imprisonment that allows judges to hold the accused inside the jail who could
not afford bail.
• JUDGMENT
is the adjudication by the court that the accused is guilty of the offense charged
and the imposition of the proper penalty and civil liability provided for by the law
on the accused.
• APPEAL
• Indiscriminate filing of cases are very common during those time that clogs court
dockets and makes court inefficient. • During this time the then President Marcos
introduces P.D.1508 or the Katarungang Pambarangay Law
COMPOSITIONS
PANGKAT NG TAGAPAGKASUNDO
• The three Lupon members who are to be constituted as Pangkat are going to be
chosen by the contending parties to the dispute (Section 404 9a, RA 7160)
b. Where one party is a public officer or employee and the dispute relates to the
performance of his official functions.
g. Such other classes of disputes which the President may determine in the interest
of justice or upon the recommendation of the Secretary of Justice.