LESSON 3

SECOND PILLAR OF CJS: PROSECUTION

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Prosecution is the institution or continuance of a criminal suit involving the
process of exhibiting formal charges against of an offender before a legal tribunal and
pursuing final judgment on behalf of the state or government.

It is the process or method whereby accusations are brought before a court of justice
to determine the innocence or guilt of the accused.

Prosecutors are government officials who represent the people of a particular

jurisdiction. The state prosecutors, also known as fiscals, are considered the “keystone” in
the administration of criminal justice. The state prosecutor serves as the lawyer of the state
in criminal cases.

Roles of Prosecutors
1. As dispensers of justice – prosecutors decide either to dismiss or file a case for
trial.

2. As overseers of the police – prosecutors can review and analyze the work of the
police to determine whether they have a case based on the sufficiency of evidence
they have gathered.

Functions of the Prosecutor

 To conduct Preliminary Investigation
 To make proper recommendation during the inquest of the case referred to them by
the police after the investigation of the suspect;
 To represent the government or state during the prosecution of the case against the
accused;
 To act as a legal officer of the province or City in the absence of its legal officer;
 To investigate administrative cases filed against State Prosecutors, Provincial
Prosecutors, including the support staff of the National Prosecution Service (NPS).

NATIONAL PROSECUTION SERVICE

The NPS is under the supervision and control of the Department of Justice (DOJ)
and is tasked as the prosecutorial arm of the government.

Its most important function in the Criminal Justice System is to maintain and
recognize the rule of law through the speedy delivery of services particularly in the
investigation and prosecution of all crimes under the Revised Penal Code, Presidential
Decrees and other special penal laws.

Interaction of the Police and the Prosecution

The effectiveness of prosecution depends on the immediate and full cooperation of
the arresting officer. A good police investigation of a case help the prosecution involved in
the investigative process to evaluate the legal strength of the case, review the action taken
by the police while the facts can still be validated, and decide what the course of action to
take in behalf of the state.

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 the arrest. At the time a person
is arrested, it shall be the duty of the arresting officer to inform him of the reason for the
arrest and he must be shown the warrant of arrest, if there is already a warrant of his
arrest. He shall be informed of his constitutional rights, like the rights to remain silent and
to have a counsel, and that any statement he might make could be used against him.
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 A custodial investigation is conducted when the suspect has been taken into
custody, and the police carry out a process of interrogation.

Within a reglementary period, the police report of the case is forwarded to the
prosecutor’s office for review. The prosecutor evaluates the document to determine whether
to reject or to accept the case for prosecution. If he is convinced that the documents
submitted by the police merit prosecution based on probable cause, a preliminary
investigation shall be conducted.

Complaint & Information

Rule 110 – Revised Rules of Criminal Procedure

Section 2 – Complaint or Information. 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.

Section 3 – 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 4 – An information is an accusation in writing charging a person with an offense

subscribed by the prosecutor and filed with the Court.

Preliminary Investigation (PI) (Section 1, Rule 112, Revised Rules of Criminal

Procedure)

Is an inquiry or proceedings for the purpose of determining whether there exists

sufficient ground to engender a well-founded belief that a crime has been committed and
that the respondent is probably guilty thereof, and should be held for trial.

Required to be conducted before the filing of 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.

Take note that there is no right of preliminary investigation when a person is law-
fully arrested without a warrant.

Purpose of Preliminary Investigation

 To determine whether a crime has been committed and whether there is probable
cause to believe that the accused is guilty thereof;

 To secure the innocent against hasty, malicious and oppressive prosecution.

 To protect the State from useless and expensive trials.

Preliminary investigation is required before the filing of a complaint or information

for an offense where the penalty prescribed by law is at least 4 years, 2 months and 1 day
regardless of fine.

Who May Conduct Preliminary Investigation?

Persons authorized to conduct a preliminary investigation are the provincial or city
fiscal and their assistants, national and regional state prosecutors, and other officers who
may be authorized by law (COMELEC, Ombudsman).

After the Preliminary Investigation

 The prosecutor may dismiss the complaint if he finds no cause to continue with the
inquiry.
 Prepare information if he finds cause to hold the respondent for trial.

Instance When Preliminary Investigation Is Not Required To Be Conducted

Even If the Crime Is One That Requires Preliminary Investigation

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 When the offender was arrested without a warrant, an Inquest investigation will be
conducted by the inquest investigator. There is no need to conduct Preliminary
Investigation, unless the person arrested ask 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.

Inquest
This 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.

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.

LESSON 4
THIRD PILLAR OF CJS: COURT
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A court is a government institution that decides a case according to the existing
laws or the laws of the land. It adjudicates legal disputes between citizens, or between the
citizens and the government. The basic function of a court in criminal cases is to determine
the guilt or innocence of the person accused and to impose punishment on those found
guilty.

General Functions of the Courts In Relation To the CJS

1. To protect the rights of the accused. The courts are responsible for the
reviewing the actions of law enforcement agencies to ensure that the police have
not violated the rights of the accused.

2. To determine by all legal means whether a person is guilty of a crime.

Review all the evidences presented by the police to determine its relevance and

admissibility in accordance with the Constitution and the rules of court.

3. To dispose properly of those convicted of the crimes. The Courts have the
responsibility to examine the background of the accused and the circumstances of
the crime.

4. To protect the society. After the accused has been found guilty, the court may
determine if the offender should be removed from society and incarcerated in order
to protect the safety of life and property and this is especially true in case of
Probation.

5. To prevent and reduce criminal behavior. This is the task properly imposing
the proper penalty and sanctions that will serve to deter the future criminal acts
by the offender and also serve as an example and deterrent to others who would
commit criminal acts or threaten public safety.

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Different Courts in the Philippines
 Municipal Trial Court/Municipal Circuit Trial Court/Metropolitan Trial Court

Original Jurisdiction: (a) all violations of city and Municipal ordinances, (b) all
offenses punishable with imprisonment not exceeding six (6) years irrespective of the
amount of fine, (c) damage to property through criminal negligence

 Regional Trial Court (RTC)

Original Jurisdiction: (a) those which carry the penalties exceeding six (6) years of
imprisonment, (b) those not covered by the jurisdiction of the Sandiganbayan.

 Sandiganbayan

Original Jurisdiction: Violations of RA 3019 (Anti-graft and Corrupt Practices Act), RA

1379, and Chapter II, Section 2 Title VII, of Book II of the RPC.

1. Officials of the executive branch of the government occupying the positions of

regional director and higher, otherwise classified as Grade 27 and higher.

2. Philippine Army and Air force colonels, naval captain and all officers of higher
rank.

3. Officer of the PNP (provincial director and those holding the rank of senior
superintendent or higher).

 Court of Appeals.
Appellate jurisdiction: Decisions or judgements of the RTC

 Supreme Court
Appellate jurisdiction: Decisions or judgements of the CA and the Sandiganbayan.

Jurisdiction and Venue

Jurisdiction is the power and authority of the court to hear, try, and decide a case.
It is also the power to enforce or execute its judgment or final orders. Jurisdiction of a court
over the subject matter of a case is conferred by law.

Venue refers to the place or the geographical area, where the action is to be filled
and tried.

Jurisdiction Over the Person of the Accused

A person accused of committing a crime is brought to court either by a valid warrant
of arrest or by voluntary submission to the jurisdiction of the court, either by filing a motion
to quash the information against him, appearing for arraignment, or by participating in the
trial or by giving bail.

During the preliminary investigation, the person accused of a crime is given a

subpoena.

A subpoena is an order to appear and testify at the hearing or trial of an action, or

at any investigation conducted by competent authority.

 Subpoena ad testificandum – the person who will appear to attend and testify.

 Subpoena duces tecum – a person is required to bring with him books, documents,
or other things.

A subpoena is different from a summon. A summon is a writ of the court by which

the defendant is notified of the action brought against him. It is an order to answer a
complaint. A subpoena is an order to appear and testify.

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Arraignment and Plea Bargaining
To arraign a person is to summon him to court to answer charges made against him
in an indictment. It is the stage where the issues are joined in criminal action and without
which the proceedings cannot advance further.

It is the stage of the proceedings whereby the accused shall be informed of his/her
constitutional right to be (officially) informed of the nature and the cause of the accusation
against him and to ask him of his plea.

The accused is then asked how he pleads. The accused may plead guilty or not
guilty to the offense charged. If he refuses to plead, a plea of not guilty will be entered for
him.

If the accused pleads guilty, the court shall sentence him to the corresponding
penalty if it is satisfied of the voluntariness of the plea, and otherwise, of the guilt of the
accused. If the accused pleads not guilty, the case is set for pre-trial and/or trial.

Plea Bargaining, on the other hand, 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.

Bail and Recognizance

A person who is under legal custody, arrested, or deprived of his liberty can be
released from jail or detention, subjecting to some rules. This right flows from the
presumption of innocence in favor of every person accused of a crime who should not be
subjected to the loss of freedom.

The two ways of releasing the accused are through bail and through recognizance.

Bail is a security given for the release of a person in custody of law, furnished by
him or a bondsman, conditioned upon his appearance before any court as required under
conditions hereinafter specified. Bail may be given in the form of corporate surety, property
bonds, cash deposit, or recognizance. (Section 1, Rule 114)

Whenever allowed by law or the Rules of Court, the court may release a person in
custody on his own recognizance or that of a responsible person. Recognizance refers to an
obligation of record, entered into before some court or officer with a condition to do some
particular acts. In criminal cases, the condition is the appearance of the accused on trial.

A person can be released without bail but in recognizance of another when the
person has been in custody for a period equal to or more than the possible maximum
imprisonment prescribed for the offense charged. He can be released also and placed under
the custody and subject to the authority of a responsible citizen in the community, when he
is charged with violation of a municipal/city ordinance, a light felony and/or criminal
offense the prescribed penalty for which is not higher than six (6) months imprisonment
and/or fine of two hundred (200) or both.

A preventive detention is an imprisonment that allow judges to hold the accused

inside the jail who could not afford bail. This kind of imprisonment is not imposed as the
punishment of a crime but in order to prevent the prisoner from doing a possible harm.

Pre-Trial

Pre-trial is a mandatory conference and personal confrontation before the judge

between the parties and their respective counsel. It is done 30 days after arraignment.

The pre-trial shall consider the following matters:

1. whether or not to file a criminal charge;

2. how to set the level or seriousness of the offense to be charged; and
3. when to stop prosecution.

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 No agreement or admission during the pre-trial shall be used in evidence against the
accused unless reduced in writing and signed by him and his counsel.

After the pre-trial stage, trial follows. The prosecution commences the presentation
of evidence, followed by the accused. Prosecution may present rebuttal evidence. The
parties may also present written arguments or memoranda after which the case is deemed
submitted for decision.

After the reception of the contending parties’ pieces of evidence, the case is now
submitted for decision which the court must render within ninety days after trial.

If the court acquits the accused because in its view he is innocent or his guilt is not
proven beyond reasonable doubt, the case is definitely ended. Appeal by the prosecution is
barred by the principle of double jeopardy

Acquittal
It is a finding of not guilty based on the merits. Meaning, the accused is acquitted
because the evidence does not show that his guilt is beyond reasonable doubt.

Promulgation of Judgment
The judgment is promulgated by reading it in the presence of the accused and any
judge of the court in which it was rendered. However, if the conviction is for a light offense,
the judgment may be pronounced in the presence of his counsel or representative. When
the judge is absent or outside the province or city, the judgment may be promulgated by the
clerk of court.

Judgement and Appeal

Judgement 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.

Since the finality of a judgement has the effect of ending the litigation, an aggrieved
party may then appeal from the judgement.

Appeal is a remedy available to an accused to obtain a reversal or modification of

judgement on the merits of the case, including error of the court for rendering judgement
for lack of jurisdiction over the subject matter or grave abuse of discretion in the findings of
facts or of law set out in the decision.

A judgement is final when it is no longer appealable and is already capable of being

executed because the period of appeal has elapsed without the party having perfected an
appeal.

Burden of Proof
The weight of the evidence required in order to convict an accused is “Proof beyond
reasonable doubt” in criminal cases.

In civil cases, “Preponderance of the evidence” is used.

Barangay Justice System

During the pre-Spanish times, disputes were referred to a datu or to a wise, elderly
man, and he had to settle them peacefully among his men. Procedures adopted were
conciliation and arbitration. When a dispute was brought to the datu for judgement, his
first move was to convince the disputants (both parties) to settle their conflict both to their
own satisfaction. If conciliation fails, a formal hearing is held.

On June 10, 1978, Presidential Decree 1508 was promulgated, establishing a

system of amicably setting disputes at the barangay level, without resort to judicial or court
intervention.

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 1976, the late Chief Justice Fred Ruiz Castro advocated the creation of
“neighborhood paralegal committee”. He was considered as the Father of the Barangay
Justice Law.

On January, 27, 1978, PD 1293 was promulgated, creating The Presidential

Katarungan Pambarangay Commission which was charged with the tasked of studying
the feasibility of instituting a system of resolving disputes among family and barangay
members without resort to the court.

This law established in every barangay a body known as Lupong Tagapamayapa

(Conciliation Committee) with not more than twenty members from local residence.

1. Pangkat ng Tagapagkasundo

Arbitration panel with 3 members plus an alternate. Member elect from

among themselves the Chairman and Secretary. The Barangay Captain will act as the
presiding officer during settling disputes.

2. Lupong Tagapamayapa

An administrative agency of Barangay Justice System with semi-judicial

functions. Its primary role is to amicably settle certain classes of disputes without judicial
intervention like areglo

Lupong Tagapamayapa, also referred to as the Lupon (picked and appointed by the
Barangay Captain), is composed of:

1. Punong Barangay as chairman

2. 10 to 20 members

The Pangkat ng Tagapagsundo refers to the panel conciliators consisting of 3

members of the Lupon. The 3 Lupon members who are to be constituted as Pangkat are
going to be chosen by the contending parties to the disputes.

Jurisdiction of the Katarungang Pambarangay

As a general rule, the Lupong Tagapamayapa of each barangay “shall have authority
to bring together the parties actually residing in the same city or municipality for amicable
settlement of all disputes.

There are cases however that are best handled by the regular courts. So we have
exceptions to the general rule above, which are;

a) where one party is the government or any subdivision or instrumentality thereof;

b) where one party is a public officer or employee and the dispute relates to the
performance of his official functions;
c) offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
Thousand pesos (5000.00);
d) offenses where there is no private offended party;
e) where the dispute involves real properties located at different cities or municipalities
unless the parties thereto agree to submit their differences to amicable settlement
by an appropriate lupon;
f) disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other and the parties
thereto agree to submit their differences to amicable settlement by an appropriate
lupon; and
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.

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