PROSECUTION –Second Pillar (Formerly Assistant Chief State Prosecutors) and a host of Senior Assistant State

- action or process whereby accusations are brought before a court of justice to
determine the innocence or guilt of the accused.
-This stage of justice system it is determination of the legality
of the action of the law enforcer and the evaluation of evidence
presented takes place. Likewise, presence of probable cause to
warrant prosecution known as Preliminary investigation will be
determined.
Main functions of the prosecution pillar
1. To conduct Preliminary Investigation
2. To conduct Inquest Proceeding
Prosecutors, Assistant State Prosecutors and Prosecution Attorneys.
Note:
•The NPS is under the supervision and control of the DOJ.
NPS is considered as the prosecutorial arm of the government.
The Public Prosecutor
The public prosecutors do not only initiate criminal action in the name of
the People of the Philippines, they also serve as the trial or prosecution officers
before the criminal court. Moreover, the prosecutors decide whether or not to
prosecute a case, or hold the case open for further action.

The Department of Justice (DOJ) The Private Prosecutor

- obtains its functions from Executive Order No. 292 (Administrative Code of 1987). Article 100 of the Revised Penal Code provides that:"Civil liability of a
It is the principal law agency and legal counsel of the government. It is headed by the person guilty of felony - Every person criminally liable for a felony is also civilly
Secretary of Justice, assisted by three (3) Undersecretaries, three (3) Assistant liable". Because of this, the private complainant may acquire the services of a
Secretaries, the Chief State Prosecutor, the Chief Sate Counsel, the private counsel to act as a private prosecutor to protect his civil rights as a result of a
Bureau of Corrections, the Board of Pardons and Parole, and Support felony. However, the private prosecutor is under the direct control and supervision
Services namely the technical Staff, Financial and management of the public prosecutor.
Service, Administrative Service and management Service Office.
Ombudsman (OMB) as Special Prosecutor
National Prosecution Service (NPS) Formerly known as the Tanodbayan, the OMB is created under Section 5,
Assists the secretary of Justice in the performance of powers and function, Article Xl of the 1987 Constitution.
of the Department relative to its role as the prosecution arm of the government, Mandate: (RA 6770), the Ombudsman Act of 1989
particularly investigation and prosecution of all criminal cases, except those under Powers and Functions:
the exclusive jurisdiction of the Office of the Ombudsman.  Fact-finding investigation
 Administrative Adjudication
Officially constituted on April 11, 1978 with the issuance of Presidential  Preliminary Investigation
Decree No. 1275 by late President Ferdinand Marcos. The NPS consists of the Office  Prosecution
of the Chief State prosecutor and the Offices of the Regional State Prosecutor,  Public Assistance
Provincial and City Prosecutors.  Enhance efficiency, effectiveness, transparency, accountability and
In the passage of RA No. 10071, An Act Strengthening and Rationalizing the responsiveness
National Prosecution Service. The Act changes the title Chief State Prosecutor into
Prosecutor General who heads the National Prosecution Service.
Prosecutor General is assisted by five (5) Senior Deputy State Prosecutors
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.
Note:
The complaint or information shall be in writing, in the name of the
People of the Philippines and against all persons who appear to be
responsible for the offense involved.
Complaint
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 chargeed
with the enforcement of the law violated. (Section 3, Rule 110)
Information
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)
Who must prosecute criminal actions?
All criminal actions either commenced by complaint or by information shall
be prosecuted under the direction and control of a public 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)
Note:
The written authorization to the private prosecutor shall be given
because of either of the following reasons:
1. The public prosecutor has a heavy load or
2. There is a lack of public prosecutors
Prosecution of Private Offense
The crimes 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.
Notes:
Private offenses are those offenses which cannot be prosecuted without a complaint
first file by the offended person himself.
The prosecution of other crimes not mentioned above may be initiated by other
persons since these are crimes against the state.
Bigamy and rape are not considered as private offenses.
Minor has a 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, except as
stated in the preceding paragraph.

Effect of RA 7610 (Special Protection against Child 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 by the following:
a. Offended party;
b. Parents or guardians;
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.
Duplicity of the offense is NOT allowed
A complaint or information must charge only one offense, except when
the law prescribes a single punishment for various offenses (Section 13, Rule 110).
Place where action is to be instituted- Venue is jurisdictional
(a) subject to existing laws, the criminal action shall be instituted and tried in
the court of the municipality or territory where the offense was committed
or where any of its essential ingredients occurred.
(6) Where an offense is committed in a train, aircraft, or other public or private
vehicle in the course of its trip, the criminal action shall be instituted and
tried in the court of any municipality or territory where such train, aircraft,
or other vehicle passed during its trip, including the place of its departure
and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage,
the criminal action shall be instituted and tried in the court of the first port
of entry or of any municipality or territory where the vessel passed during
such voyage, subject to the generally accepted principles of international
law.
(d) Crimes committed outside the Philippines but punishable under Article
2 of the Revised Penal Code shall be cognizable by the court where the
criminal action is first filed. (Section 15, Rule 110)
Notes:
 If the crime is a continuing offense that is some acts essential to the crime
occurred in one place and some in another, the case can be filed in the court
of either place where any of the essential ingredients of the crime took place.
 Theft is not continuing offense. Hence, even if the item is brought to another
place, the information must still be filed in the place where the theft occurred.
 In the crime of estafa, the case can be filed where the misappropriation took
place or where the accused was required to render an accounting.
 If the crime is committed in the Philippine territories abroad (such
as embassy) the case can be filed in the Regional Trial Court wherethe case was first
filed. The Sandiganbayan may have jurisdiction of the case if the crime is committed
by a public officer in the performance of his duties. Provided further that the salary
grade of the public officer is 27 and above.
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).
- preliminary investigation is not a trial but is, in certain cases, the initial step towards
the criminal prosecution of a person. It is a mere inquiry or a proceeding which do not
involve the examination of witnesses by way of direct or cross examinations. Its
purpose is not to determine the guilt of the respondent
beyond reasonable doubt, but to determine whether or not a crime has been
committed, and that the respondent is probably guilty of said crime.
-Preliminary investigation does not require the full and
Exhaustive presentation of every evidence available to the persons involved but
merely such evidence as may engender a well-founded belief that an offense has been
committed and that the respondent is probably guilty thereof.
Probable Cause
-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 prosecutor, that the
person charged was guilty of the crime for which he was prosecuted
Notes:
Under AM No. 05-8-26-SC effective October 3, 2005, only the following may conduct
preliminary investigation:
(a) Provincial or City Prosecutors and their assistance; FLOW CHART OF PRELIMINARY INVESTIGATION
(b) National and regional State Prosecutors; and
Filing of the complaint accompanied by affidavits and supporting documents
(c) other officers as may be authorized by law.

When Pl is required
Before the filing of a complaint or information for an offense where the law
prescribes a penalty of at least 4 years, 2 months, and 1 day without regard to the Within 10 days after the filing, the investigating prosecutor shall either dismiss or issue
fine. (Section 1, Rule 112) subpoena

Exception:
When the accused lawfully arrested without warrant (Section 7, Rule 112)

When Pl is not required even if the offense requires PI.
 If a person is arrested lawfully without a warrant involving an offense which
requires a preliminary investigation, the penalty is at least 4 years, 2 months
and 1 day, an information or complaint may be filed against him without
need for preliminary investigation. If he has been arrested in a place where
an inquest prosecutor is available, an inquest will be conducted instead
of preliminary investigation. In the absence or unavailability of an inquest
prosecutor, the complaint may be filed directly with the proper court on
the basis of the affidavit of the offended party or arresting officer or person
(Sec. 7, Rule 112).
Note:
Inquest proceeding applicable only when the accused is arrested
without a warrant.
INQUEST PROCCEDING
- a summary investigation conducted by a public prosecutor in cases where a person
has been lawfully arrested without a warrant.
Purpose: The inquest determines whether the arrest was legal and whether the person
arrested should remain in custody and be charged in court.
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
Resolution of investigating prosecutor and its review
If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare
the resolution and information. He shall certify under oath in the information that he, or as
shown by the record, an authorized officer, has personally examined the complainant and
his witnesses; that there is reasonable ground to believe that a crime has been committed
and that the accused is probably guilty thereof; that the accused was informed of the
complaint and of the evidence submitted against him; and that he was given an opportunity
to submit controverting evidence. Otherwise, he shall recommend the dismissal of the
complaint. Within five (5) days from his resolution, he shall forward the record of the case
to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his
deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original
jurisdiction.
They shall act on the resolution within ten (10) days from their receipt thereof and shall
immediately inform the parties of such action. (Section 4, Rule 112)

Notes:
No complaint or information may be filed or dismissed by an investigating prosecutor
without the prior written authority or approval of the provincial or city prosecutor or chief
state prosecutoror the Ombudsman or his deputy.

Subpoena - is a formal written order that requires a person to appear before a court, or
other legal proceedings.

Rejoinder affidavit- is filed by a party in response to a counter-affidavit or an affidavit in

reply filed by the opposing party. The rejoinder affidavit is typically filed after the counter-
affidavit and serves to further support the party's case or refute the contentions made by
the opposing party

Affidavit in reply - is filed by a party in response to the original affidavit filed by the
opposing party. It allows the party to present their version of the facts, arguments, and
evidence in support of their case. The affidavit in reply is typically filed after the original
affidavit and serves as a response to the claims made by the opposing party.