Name: ____________________________

Section: ____________________

1. PROSECUTION
- May refer to the agency responsible in presenting the government’s
position in criminal cases and evaluating evidences presented by the law
enforcement pillar.
- Is the legal process/method by which an accusation is brought to the
court (or any judicial and quasi-judicial body) for proper adjudication/
arbitration (settlement).
2. PROSECUTOR
- Is a public officer having authority to conduct legal actions concerning
the complaint filed at his office and perform other prosecution functions
(legal proceeding against person) as provided by law.
- The prosecutor is not just an ordinary official of the government; he is an
officer of the court whose criminal responsibility under the law is to carry
out administration of Criminal Justice System thru an adequate
examination of the offense charged and to decide whether or not to
prosecute a person without sacrificing fairness and justice.

A. WHAT IS THE BASIC RESPONSIBILITY OF THE PROSECUTOR

IN CRIMINAL PROCEEDINGS? WHAT IS THE BASIS OF SUCH
RESPONSIBILITY?
- In criminal proceedings, the prosecutor has the basic responsibility or
representing the government in the court of justice. This responsibility is
based on the principle that acts and omission punishable by law when
committed are always against the public interest, and not against the
offended individuals. It is for this reason that in criminal proceedings, the
caption of the case is in the name of the “People of the Philippines”
versus a particular individual.

B. CONTRA-DISTIGUISH THE FOLLOWING:

 1. 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 charged with the enforcement of the law
violated.
2. INFORMATION – An information is an accusation in writing charging
a person with an offense, subscribed by the prosecutor and filed with the
court.
C. DEFINE “PRELIMINARY INVESTIGATION” IN RELATION TO
PROSECUTION OF OFFENSES?

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.
- Except as provided in section 7 of this Rule, a preliminary investigation
is required to be conducted before the filing of a 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.