Professional Documents
Culture Documents
MANUAL
FOR
PROSECUTORS
TABLE OF CONTENTS
PAGE
FOREWORD
ACKNOWLEDGEMENT
PART I. PROSECUTION OF OFFENSES
Sec. 1. Criminal Action 1
Sec. 2. How and Where Commenced 1
Sec. 3. Complaint 1
Sec. 4. Offended Party, Defined
1
Sec. 5. Information 1
Sec. 6. Sufficiency of complaint or information. 2
Sec. 7. Other Essential Matters to be alleged in
Complaint or Information 2
Sec. 8. Additional Contents of a Complaint 2
Sec. 9. Name of Accused 2
Sec. 10. Designation of Offense 2
Sec.11. Cause of Accusation 3
Sec. 12. Place of the Commission of Offense 3
Sec. 13. Time of Commission of Offense 3
Sec. 14. Title of Complaint or Information . .3
Sec. 15. Contents of Caption of an Information 3
Sec. 16. List of Prosecution Witnesses . .3
Sec. 17. Number of Offenses Charged 4
Sec. 18. Amendment of Information or Complaint . 4
Sec. 19. Mistake in Form and Substance 4
Sec. 20. How Period of Prescription Computed
and Interrupted 4
Appendix 'B, NPS Form 1, Order (To submit additional evidenciary documents)
71
Appendix "B-i", NPS Form 2, Release Order Of Detained Person
72
Appendix "B-2", NPS Form 3, Request for Preliminary Investigation and Waiver of
Article 125, Revised Penal Code
73
Appendix "B-3", NPS Form 4, Certification (For Information in Inquest Cases)
74
Appendix "B-4", NPS Form 5, Release Order Of Recovered Articles
75
Appendix "B-S", NPS Form 6, Request for Release Of Recovered Articles
76
FOREWORD
TEOFISTO 1 GUINGONA, JR
Secretary
ACKNOWLEDGEMENT
This manual was put together by a Committee created by Secretary of Justice Teof
isto T. Guingona, Jr. under Department of Justice Order No.153 dated 28 May 1996
. The Body is headed by Assistant Chief State Prosecutor Francisco L. Santos and
the following as members: then Assistant Chief State Prosecutor and now Chief S
tate Prosecutor Jovencito R. Zuno, Assistant Chief State Prosecutors Nib C. M
ariano and Apolinario G. Exevea, Regional State Prosecutor Claro A. Arellano, Qu
ezon City Prosecutor Candido F. Rivera, Pasig City Prosecutor Antonio L. Liorent
e,Laguna Provincial Prosecutor George C. Dee and Rizal 2nd Assistant Provincial
Fiscal Apolinario D. Brusel as, Jr.
The Committee was assisted in its work by former Rizal Provincial Prosecutor Mau
ro M. Castro and Deputy Ombudsman for Luzon Jesus F. Guerrero both of whom contr
ibuted valuable and refined insights into the work of a prosecutor.
In this regard, I wish to acknowledge the rote of Rizal Provincial Prosecutor Gr
egono A. Arizala and his team in putting the Manual in its final form and State
Prosecutor II Teresita R. Domingo for taking pains in reading the manuscript.
RAMON J. LIWAG
Undersecretary
Chairman, Committee created under
Department Order No.153, series of 1996
NOTE
SEC. 51. Motion for reinvestigation, where filed. - Before the arraignment of th
e accused, a motion for reinvestigation of the case may be filed with the City/P
rovincial Prosecutor, Provided, That when the case has been appealed to the Regi
onal State Prosecutor or the Department of Justice, such motion may be filed, re
spectively, with the said offices. After arraignment, said motion may only be fi
led with the judge hearing the case.
SEC. 52. Confidentiality of resolutions. - All resolutions prepared by an Invest
igating Prosecutor after preliminary investigation, whether his recommendation b
e for the filing or dismissal of the case, shall be held in strict confidence an
d shall not be made known to the parties, their counsel and/or to any unauthoriz
ed person until the same shall have been finally acted upon by the Provincial/Ci
ty Prosecutor or his duly authorized assistant and approved for promulgation and
release to the parties.
Violation of the foregoing shall subject the Investigating Prosecutor or the emp
loyee of the office concerned to severe disciplinary action.
SEC. 53. Information/Complaint.- The information/complaint shall be personally a
nd directly prepared by the Investigating Prosecutor or such other prosecutor de
signated for the purpose and signed by him or the complainant, as the case may b
e. It shall state and contain, in addition to the requirements of the Rules of C
ourt on the sufficiency of the allegations in an information or complaint, the f
ollowing:
a) the full name and aliases, if any, and address of the accused;
b) the age and date of birth of the complainant or the accused, if eighteen
(18) years of age or below;
c) the full names and addresses of the parents, custodian or guardian of th
e minor complainant or accused, as the case may be;
d) the place where the accused is actually detained;
e) the full names and addresses of the complainant and witnesses;
f) a detailed description of the recovered items, if any;
g) the full name and address of the evidence custodian; and
h) the bail recommended, if the charge is bailable.
The Investigating Prosecutor shall certify under oath that he or, as shown by th
e record, an authorized officer, had personally examined the complainant and his
witnesses; that there is reasonable ground to believe that a crime has been com
mitted and that the accused is probably guilty thereof; that the accused was inf
ormed of the complaint and of the evidence submitted against him and that he was
given an opportunity to submit controverting evidence; and that he is filing th
e complaint or information with the prior authority and approval of the Provinci
al/City Prosecutor concerned.
SEC. 54. Documents to be attached to information/complaint. - An information/com
plaint that is filed in court shall, as far as practicable, be accompanied by a
copy of the resolution of the Investigating Prosecutor, the complainant's affida
vit, the sworn statements of the prosecution's witnesses, the respondent's count
er-affidavit and the sworn statements of his witnesses and such other evidence a
s may have been taken into account in arriving at a determination of the existen
ce of probable cause.
SEC. 55. Promulgation of resolution.- The result of the preliminary investigatio
n shall be promulgated by furnishing the parties or their counsel a copy of the
resolution by:
a) personal service;
b) registered mail with return card to the complainant, and by ordinary mai
l to the respondent, if the resolution is for the dismissal of the complaint; or
c) registered mail with return card to the respondent, and by ordinary mail
to the complainant, if the resolution is for the indictment of the respondent.
SEC. 56. Motion for reconsideration. - A motion for reconsideration may be filed
within ten (10) days from receipt of the resolution. The motion shall be verifi
ed, addressed to the Provincial/City Prosecutor or the Chief State Prosecutor, a
nd accompanied by proof of service of a copy thereof on the opposing party and m
ust state clearly and distinctly the grounds relied upon in support of the motio
n.
A motion for reconsideration is still part of due process in the preliminary inv
estigation. The denial thereof is a reversible error as it constitutes a depriva
tion of the respondent's right to a full preliminary investigation preparatory t
o the filing of the information against him. The court therefore may not procee
d with the arraignment and trial pending resolution of the motion for reconsider
ation.
SEC. 57. Inhibition. - A Prosecutor shall inhibit himself from conducting a prel
iminary investigation in a case wherein -
a) he or his wife or child is interested as heir, legatee, creditor or othe
rwise; or
b) he is related to either affinity or to counsel
c) he has been named counsel. party within the 6th degree of consanguinity
or within the 4th degree; or executor, administrator, guardian, trustee or
A motion to disqualify or inhibit the Investigating Prosecutor may be filed with
the City/Provincial or Chief State Prosecutor concerned for just or valid reaso
ns
other than those mentioned above.
SEC. 58. Period to resolve cases under preliminary investigation. - The followin
g periods shall be observed in the resolution of cases under preliminary investi
gation:
a) The preliminary investigation of complaints charging a capital offense s
hall be terminated and resolved within ninety (90) days from the date of assignm
ent to the Investigating Prosecutor.
b) The preliminary investigation of all other complaints involving crimes c
ognizable by the Regional Trial Courts shall be terminated and resolved within s
ixty (60) days from the date of assignment.
c) In cases of complaints involving crimes cognizable by the Metropolitan T
rial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts, the prel
iminary investigation - should the same be warranted by the circumstances - shal
l be terminated and resolved within sixty(60) days from the date of assignment
to the Investigating Prosecutor.
In all instances, the total period (from the date of assignment to the time of a
ctual resolution) that may be consumed in the conduct of the formal preliminary
investigation shall not exceed the periods prescribed herein.
PART IV. PETITION FOR REVIEW
SECTION 1. Subject of petition for review.- Only resolutions of the Chief State
Prosecutor/Regional State Prosecutor/Provincial or City Prosecutor dismissing a
criminal complaint may be the subject of a Petition for Review to the Secretary
of Justice except as otherwise provided in Section 4 hereof.
A petition from the resolution of a Provincial/City Prosecutor where the penalty
prescribed for the offense charged does not exceed prision correccional, regard
less of the imposable fine, shall be made to the Regional State Prosecutor who s
hall resolve the petitions with finality. Such petitions shall also be governed
by these rules.
The provision of the preceding paragraph on the finality of the resolution of th
e Regional State Prosecutor notwithstanding, the Secretary of Justice may, in th
e interest of justice and pursuant to his residual authority of supervision and
control over the prosecutors of the Department of Justice, order the automatic r
eview by his office of the resolution of the Regional State Prosecutors in the c
ases appealed to the latter.
SEC. 2. Period to file petition.- The petition must be filed within a period of
fifteen (15) days from receipt of the questioned resolution by the party or his
counsel. The period shall be interrupted only by the filing of a motion for reco
nsideration within ten (10) days from receipt of the resolution and shall contin
ue to run from the time the resolution denying the motion shall have been receiv
ed by the movant or his counsel.
SEC. 3. Form and contents. - The petition shall be verified by the petitioner an
d shall contain the following:
a) date of receipt of the questioned resolution; date of filing of the mot
)n for reconsideration; if any; and date of receipt of the resolution on the mot
ion for reconsideration;
b) names and addresses of the parties;
c) the Investigation Slip Number or I.S. No. and/or criminal case number an
d the title of the case;
d) the venue of the preliminary investigation;
e) a clear and concise statement of the facts, the assignment of errors, an
d the legal basis of the petition;
f) in case of a finding of probable cause, that petitioner has filed in cou
rt a motion to defer further proceedings; and
g) proof of service of a copy of the petition to the adverse party or his c
ounsel and the prosecutor either by personal delivery or registered mail evidenc
ed by the registry receipts and affidavit of mailing.
The petitioner shall append to his petition copies of the material and pertinent
affidavits/sworn statements (including their translations, if any, duly certifi
ed by the city/provincial prosecutor) and evidence submitted in the preliminary
investigation by both parties and the questioned resolution.
The prosecutor concerned shall immediately inform the Department or the Regional
State Prosecutor of the action of the court on the motion to defer further proc
eedings. If the accused is arraigned during the pendency of the petition, the pr
osecutor concerned shall likewise immediately inform the Department or the Regio
nal Stat& Prosecutor of such arraignment.
SEC. 4. Cases not subject to review; exceptions.- No petition may be allowed fro
m a resolution of the Chief State Prosecutor/Regional State Prosecutor/Provincia
l or City Prosecutor finding probable cause except upon showing of manifest erro
r or grave abuse of discretion. Either complainant/offended party or respondent/
accused may file a petition. Notwithstanding the showing of manifest error or gr
ave abuse of discretion no petition shall be entertained where the accused had
already been arraigned. Once arraigned, the petition shall be dismissed motu pro
prio by the Secretary of Justice.
SEC. 5. Answer.- Within a non-extendible period of fifteen (15) days from receip
t of a copy of the petition, the respondent may file a verified answer indicatin
g therein the date that the copy of the petition was received with proof of serv
ice of the answer to the petitioner. If no answer is filed, the case shall be re
solved on the basis of the petition.
SEC. 6. Withdrawal of petition.- The petition may be withdrawn at any time befor
e it is finally resolved, in which case the questioned resolution shall stand.
SEC. 7. Motion for reinvestigation.- At any time after the filing of the petitio
n and before its resolution, the petitioner may, with leave of court, file a mot
ion for reinvestigation on the ground that new and material evidence has been di
scovered which petitioner could not, with reasonable diligence, have discovered
during the preliminary investigation and which if produced and admitted would pr
obably change the resolution. The Department or the Regional State Prosecutor, a
s the case may be, shall then issue a resolution directing the reinvestigation o
f the case, if still legally feasible. When reinvestigation is granted, it shal
l take place in the Office of the Prosecutor from which the petition was taken.
SEC. 8. Disposition of petition.- The Secretary of Justice or the Regional State
Prosecutor may reverse, affirm or modify the questioned resolution. They may, m
otu proprio or on motion of the petitioner, dismiss outright the petition on any
of the following grounds: 9
a) that the offense has prescribed;
b) that there is no showing of any reversible error;
c) that the procedure or requirements herein prescribed have not been compl
ied with;
d) that the questioned resolution is interlocutory in nature, except when i
t suspends the proceedings based on the alleged existence of a prejudicial quest
ion; or
e) that other legal or factual grounds exist to warrant a dismissal.
SEC. 9. Motion for Reconsideration.- The aggrieved party may file a motion for r
econsideration within a non-extendible period of ten (10) days from receipt of t
he resolution on the petition, furnishing the adverse party or his counsel and t
he prosecutor with copies thereof. No second motion for reconsideration shall b
e entertained.
SEC. 10. Effect of filing of petition. - A petition for review, motion for recon
sideration/reinvestigation from a resolution finding probable cause shall not ho
ld the filing of the information in court.
Pending resolution of the Petition for review, the accused is entitled to a susp
ension of the proceedings, to the holding in abeyance of the issuance of warrant
of arrest, and deferment of the arraignment.
PART V. BAIL
9
SECTION 1. Bail defined. - Bail is the security given for the release of a perso
n in custody of the law, furnished by him or a bondsman, conditioned upon his ap
pearance before any court as required under the conditions hereinafter specified
. Bail may be given in the form of corporate surety, property bond, cash deposit
, or recognizance.
SEC. 2. Nature of right to bad.- The right to bail is guaranteed by the Constitu
tion. It is the duty of the prosecutor to recommend such amount of bail to the c
ourts of justice as, in his opinion, would ensure the appearance of an accused p
erson when so required by the court.
SEC. 3. Non-bailable offense. - No person charged with a capital offense, or an
offense punishable by reclusion perpetua or life imprisonment, when evidence of
guilt is strong, shall be admitted to bail regardless of the stage of the crimin
al prosecution.
SEC. 4 Criteria in recommending amount of bail. - In recommending the amount of
bail to be granted by the court, the prosecutor shall take into consideration t
he following standards and criteria:
a) financial ability of the respondent/accused to post bail;
b) nature and circumstances of the offense;
c) penalty for the offense charged;
d) age, state of health, character and reputation of the respondent
/accused under detention;
e) weight of the evidence against the respondent/accused under dete
ntion;
f) forfeiture of other bonds and pendency of other cases wherein th
e respondent/accused under detention is under bond;
g) the fact that respondent/accused under detention was a fugitive
from justice when apprehended; and
h) other factors affecting the probability of the accused appearing
at the trial.
SEC. 5. Burden of proof in bail application. - At the hearing of an application
for admission to bail filed by any person who is in custody for the commission o
f an offense punishable by death, reclusion perpetual or life imprisonment, the
prosecution has the burden of showing that evidence of guilt is strong. The evid
ence presented during the bail hearings shall be considered automatically reprod
uced at the trial, but upon motion of either party, the court may recall any wit
ness for additional examination unless the witness is dead, outside of the Phili
ppines or otherwise unable to testify.
SEC. 6. Recognizance. - Whenever allowed pursuant to law or these Rules, the cou
rt may release a person in custody on his own recognizance or that of a responsi
ble person.
SEC. 7. Bail, when not required; reduced bail or recognizance. - No bail shall b
e required when the law or the Rules issued by the Supreme Court so provide .
When a person has been in custody for a period equal to or more than the possibl
e maximum imprisonment of the offense charged to which he may be sentenced, he s
hall be released immediately without prejudice to the continuation of the trial
thereof or the proceedings on appeal. In case the maximum penalty to which the a
ccused may be sentenced is destierro, he shall be released after thirty (30) day
s of preventive imprisonment.
A person in custody for a period equal to or more than the minimum of the princi
pal penalty prescribed for the offense charged without application of the Indete
rminate Sentence Law or any modifying circumstance, shall be released on a reduc
ed bail or on his own recognizance, at the discretion of the court.
SEC. 8. Notice of application for hail to prosecutor. - In an application for ba
il, the court shall give reasonable notice of the hearing to the prosecutor or r
equire him to submit his recommendation.
SEC. 9. Cancellation of hail bond. - Upon application filed with the court and a
fter due notice to the prosecutor, the bail bond may be canceled upon surrender
of the accused or proof of his death.
The bail bond shall be deemed automatically canceled upon acquittal of the accus
ed or dismissal of the case or execution of the final judgment of conviction.
In all instances, the cancellation shall be without prejudice to any liability o
n the bond.
SEC. 10. Arrest of accused out on hail. - For the purpose of surrendering the ac
cused, the bondsmen may arrest him, or on written authority endorsed on a certif
ied copy of the undertaking may cause him to be arrested by any police officer o
r any other person of suitable age and discretion.
An accused released on bail may be re-arrested without the necessity of a warran
t if he attempts to depart from the Philippines without prior permission of the
court where the case is pending.
SEC. 11. No had after final judgment, exception. - An accused shall not be allow
ed bail after the judgment has become final, unless he has applied for probation
before commencing to serve sentence, the penalty and the offense being within th
e purview of the Probation Law. In case the accused has applied for probation, h
e may be allowed temporary liberty under his bail bond, but if no bail was filed
or the accused is incapable of filing one, the court may allow his release on r
ecognizance under the custody of a responsible member of the community. In no ca
se shall bail be allowed after the accused has commenced to serve sentence.
SEC. 12. Rules in computing the bail to be recommended. - To achieve uniformity
in the amount of bail to be recommended, the following rules shall be observed:
a) Where the penalty is reclusion perpetua, life imprisonment, reclusion pe
rpetua to death or death, bail is not a matter of right; hence, it shall not be
recommended.
b) Where bail is a matter of right and the imposable penalty is imprisonmen
t and/or fine, the bail shall be computed on the basis of the penalty of impriso
nment applying the following rules:
1. where the penalty is reclusion temporal (regardless of period) to reclus
ion perpetua, bail shall be computed based on the maximum of reclusion temporal.
ii. where the imposable penalty is correccional or afflictive, bait shall be
based on the maximum of the penalty, multiplied by P2,000.00. A fraction of a y
ear shall be rounded-off to one year.
iii. for crimes covered by the Rules on Summary Procedure and Republic Act No
. 6036, bail is not required except when respondent/accused is under arrest, in
which case, bail shall be computed in accordance with this guideline.
iv for crimes of reckless imprudence resulting in homicide arising from vio
lation of the Land Transportation and Traffic Code, bail shall be P30,000.00 per
deceased person.
v. for violation of Batas Pambansa Blg. 22, bail shall be 50% of the amount
of check but should not be less than P2,000.O0nor more than P30,000.00.
Where the imposable penalty is only a fine, bail shall be computed as
follows:
9