LEARNING LESSONS

LESSON 1 PROSECUTION PILLAR

HISTORY OF PROSECUTION

 The origin of the office of the prosecutor is found hundred of years ago in the
jurisprudential development and the common law of England.
 The general term “attornatus” was used in England official documents in the Middle
Ages to mean anyone who appeared for another as a pleader, attorney, or essoiner.
 The earliest laws of England defined crimes as being committed against a particular
individual, not against the state. The original prosecutor was a victim or an individual
representing a victim who stepped forward personally to initiate the prosecution of the
alleged offender.
 Originally all crimes were torts; thus in early common law, any injury, whether to person
or property, was a tort. (A tort today is an injury to an individual that is not an offense
against the state). Later, the injury was considered an offense against the state.
 During the reign of Edward IV (1461-1483), William Husse was appointed attorney
general of England.
 Henry VIII (1509-1547) eliminated the vengeance prosecution system and in its stead
provided a system of “sergeants”, who were required to act as police prosecutors and to
enforce penal statutes. These sergeants were later to become well trained in the law.

2ND PILLAR OF CJS: PROSECUTION

 the institution or continuance of a criminal suit involving the process of exhibiting

formal charges against the offender before a legal tribunal and pursuing final
judgment on behalf of the state or government.
PROSECUTOR

 Also known as fiscals are considered the “keystone” in the administration of criminal
justice.
 A public officer having an authority to conduct legal actions concerning the
complaint filed at his office and perform other prosecution functions as provided by
law.
 Examination of the offense charged and to decide whether or not to prosecute a
person without sacrificing fairness and justice.

ROLE OF PROSECUTORS:

 As dispensers of justice- prosecutors decide either to dismiss or file a case for trial
 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.

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PRELIMINARY INVESTIGATION and INQUEST PROCEEDINGS

- If a person is arrested, what is the purpose of delivering him to the nearest police
station or jail and detaining him in that place?
 It depends. If the arrest is with warrant, the arrested person must be detained for him
to face the case that is already filed against him or to serve his sentence if he is already
convicted. However, if the arrest is without warrant, he must be detained to undergo an
inquest proceeding or preliminary investigation. (Timpac, 2007)

Inquest proceeding

 Is a proceeding done by the inquest prosecutor to determine the validity of the arrest.
This is very summary in nature which may be done by an informal interview with the
arresting officer and/or the arrested person.

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.
 Required before the filing of the complaint or information where the penalty is at least 4
years, 2 months and 1 day regardless of fine
Purpose of Preliminary Investigation:

1. Secure the innocent against hasty, malicious and oppressive prosecution

2. Protect from public accusation of crime
3. Protect from trouble
4. Prevent expense of trial
5. Protect the state from useless and expensive trial

What is probable cause?

1. Probable cause is the existence of sufficient ground to engender a well-founded

belief that:
a) A crime has been committed
b) The respondent is probably guilty thereof.

Who may conduct preliminary investigation?

Any of the following may conduct preliminary investigation:

6. Provincial or city prosecutor and their assistants

7. National and Regional state prosecutors
8. Other officers as may be authorized by law. (Sec 2, Rule 112 of the Rules of Court)

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Complaint

- 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.
Information

- It is an accusation in writing charging a person for an offense, subscribed by the fiscal

and filed before the court.
Note: both 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.

Some reasons for prosecutorial rejection or dismissal of some criminal case:

1. Insufficient evidence- failure to find sufficient physical evidence that links the defendant
to the offense.
2. Witness problem- when a witness fails to appear, gives unclear or inconsistent
statement, is reluctant to testify or is unsure of the identity of the offender.
3. Due process problem- violations of constitutional requirements for seizing evidence and
for the questioning of the accused.

Bail

- The security given for the release of the person in the custody of the law, furnished by
him or the bondsman, to guarantee his appearance before any court as required under
the conditions specified.

Types of bail

1. Property
2. Cash
3. Corporate surety
4. Recognizance