4/15/2023 CLJ Recitation

What is the definition of 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.

What does Fiscal/Prosecutor need to file upon determining probable cause?

- fiscal/prosecution files information.

What are the 2 ways of instituting criminal action?

1. For offenses where a preliminary investigation is required, by filing a complaint with the proper officer
for the purpose of conducting the requisite preliminary investigation

2. For the other offenses, by filing the complaint or information directly with the MTC or complaint with
the office of the prosecutor

What is the definition of Inquest?

- an informal and summary investigation conducted by a public prosecutor in criminal cases

involving persons arrested and detained without the benefit of a warrant of arrest issued by the
court.

What is the difference between Preliminary Investigation and Inquest?

- The difference between preliminary investigation and inquest is in Preliminary Investigation, a

warrant is need in order to arrest a person. While in inquest warrant is not needed.

Who are authorized to conduct preliminary investigation?

Sec. 2. Officers authorized to conduct preliminary investigations. – The following may conduct
preliminary investigations:

(a) Provincial or City Prosecutors and their assistants;

(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;

(c) National and Regional State Prosecutors; and

(d) Other officers as may be authorized by law.

Is Preliminary Investigation a constitutional right?

No, Because The right to a preliminary investigation is not explicitly mentioned in the Philippine
Constitution.

Statutory in character – provided by statutes or laws.

When Preliminary Investigation is needed?

a preliminary investigation is needed in criminal cases where the penalty prescribed by law for the offense
charged is at least four years, two months, and one day of imprisonment. This is provided for under
Section 1, Rule 112 of the Revised Rules of Criminal Procedure.

When should the right to preliminary investigation be invoked?

- The accused should invoke it before plea, or else, it is deemed waived

What are the powers and functions of prosecutor?

(a) Be the law officer of the province or city, as the case may be:

(b) Investigate and/or cause to be investigated all charges of crimes, misdemeanors and violations of
penal laws and ordinances within their respective jurisdictions, and have the necessary information or
complaint prepared or made and filed against the persons accused. In the conduct of such investigations,
he or any of his/her assistants shall receive the statements under oath or take oral evidence of witnesses,
and for this purpose may by subpoena summon witnesses to appear and testify under oath before him/her,
and the attendance or evidence of an absent or recalcitrant witness may be enforced by application to any
trial court;

(c) Have charge of the prosecution of all crimes, misdemeanors and violations of city or municipal
ordinances in the courts at the province or city and therein discharge all the duties incident to the
institution of criminal actions, subject to the provisions of second paragraph of Section 5 hereof.

Who may prosecute the criminal action?

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 to prosecute the criminal action.

When private prosecutor comes in?

In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors or
the complainant has its own private prosecutor.

What are the difference and similarities between Private and Public prosecutor?

Differences:

Appointment - Public prosecutors are appointed by the President of the Philippines upon the
recommendation of the Secretary of Justice, while private prosecutors are retained by the offended party.

Salary - Public prosecutors are salaried employees of the government, while private prosecutors are
usually paid by the offended party or their legal representative.

Authority - Public prosecutors have the authority to prosecute criminal cases on behalf of the state, while
private prosecutors are authorized to prosecute criminal cases only with the assistance of a public
prosecutor.

Control - Public prosecutors are under the control and supervision of the Department of Justice, while
private prosecutors are under the control of the offended party.

Responsibility - Public prosecutors are responsible for ensuring that justice is served and that the rights of
the accused are protected, while private prosecutors are responsible for representing the interests of the
offended party.

Similarities:

Role - Both public and private prosecutors play a crucial role in the prosecution of criminal cases in the
Philippine legal system.

Duties - Both public and private prosecutors have a duty to present evidence, examine witnesses, and
make arguments in court.

Ethics - Both public and private prosecutors are bound by the same ethical standards and codes of
conduct.

Qualifications - Both public and private prosecutors must meet the same qualifications, including passing
the Philippine Bar Examination.

Goal - Both public and private prosecutors share the common goal of ensuring that justice is served in
criminal cases, and that the guilty are held accountable for their actions.
What are the grounds for a Motion to quash the Complaint or Information?

Section 3. Grounds. — The accused may move to quash the complaint or information on any of the
following grounds:

(a) That the facts charged do not constitute an offense;

(b) That the court trying the case has no jurisdiction over the offense charged;

(c) That the court trying the case has no jurisdiction over the person of the accused;

(d) That the officer who filed the information had no authority to do so;

(e) That it does not conform substantially to the prescribed form;

(f) That more than one offense is charged except when a single punishment for various offenses is
prescribed by law;

(g) That the criminal action or liability has been extinguished;

(h) That it contains averments which, if true, would constitute a legal excuse or justification; and

(i) That the accused has been previously convicted or acquitted of the offense charged, or the case against
him was dismissed or otherwise terminated without his express consent. (3a)

When can you file motion to quash?

At anytime before entering his plea

Does motion to quash can be appealed?

Yes, it can be appealed on the Department of Justice

What are the powers and functions of the Office of the Ombudsman?

Section 13. The Office of the Ombudsman shall have the following powers, functions, and duties:

(1) Investigate on its own, or on complaint by any person, any act or omission of any public official,
employee, office or agency, when such act or omission appears to be

illegal, unjust, improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee of the Government, or
any subdivision, agency or instrumentality thereof, as well as of
any government-owned or controlled corporation with original charter, to perform and

expedite any act or duty required by law, or to stop, prevent, and correct any abuse or

impropriety in the performance of duties.

(3) Direct the officer concerned to take appropriate action against a public official or employee at fault,
and recommend his removal, suspension, demotion, fine, censure,

or prosecution, and ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as may be
provided by law, to furnish it with copies of documents relating to

contracts or transactions entered into by his office involving the disbursement or use of

public funds or properties, and report any irregularity to the Commission on Audit for

appropriate action.

(5) Request any government agency for assistance and information necessary in the discharge of its
responsibilities, and to examine, if necessary, pertinent records and

documents.

(6) Publicize matters covered by its investigation when circumstances so warrant and with due prudence.

(7) Determine the cause of inefficiency, red tape, mismanagement, fraud, and corruption in the
Government and make recommendations for their elimination and

the observance of high standards of ethics and efficiency.

(8) Promulgate its rules of procedure and exercise such other powers or perform such functions or duties
as may be provided by law

What cases fall under the jurisdiction of the Office of the Ombudsman?

What are the powers and functions of the Public Attorney’s Office (PAO)?

The PAO shall independently discharge its mandate to render, free of charge, legal representation,
assistance, and counselling to indigent persons in criminal, civil, labor, administrative and other quasi-
judicial cases. In the exigency of the service, the PAO may be called upon by proper government
authorities to render such service to other persons, subject to existing laws, rules and regulations.”
Who are the persons qualified for free legal services?

to indigent persons in criminal, civil, labor, administrative and other quasi-judicial cases.

When do you say a person is Indigent?

a person is considered indigent if he or she is incapable of fully sustaining himself or herself without the
help of others due to lack of income or financial support, and his or her income falls below the poverty
threshold set by the government.

Indigency test

(a) Those residing in Metro Manila whose family income does not exceed (14,000) Fourteen
Thousand Pesos a month;
(b) Those residing in other cities whose family income does not exceed (13,000) Thirteen Thousand
Pesos a month; or
(c) Those residing in all other places whose family income does not exceed (12,000) Twelve
Thousand Pesos a month.

What they need to present?

Certificate of Indigency from DSWD or from the Barangay Chairman, latest Income Tax Return.

What are the powers and functions of the Office of the Solicitor General?

Section 1. Functions and Organizations. (1) The Office of the Solicitor General shall represent the
Government of the Philippines, its agencies and instrumentalities and its officials and agents in any
litigation, proceeding, investigation or matter requiring the services of a lawyer. When authorized by the
President or head of the office concerned, it shall also represent government-owned or controlled
corporations. The Office of the Solicitor General shall constitute the law office of the Government and, as
such discharge duties requiring the services of a lawyer. It shall have the following specific powers and
functions:

a. Represent the Government in the Supreme Court and the Court of Appeals in all criminal proceedings;
represent the Government and its officers in the Supreme Court, the Court of Appeals, and all other courts
or tribunals in all civil actions and special proceedings in which the Government or any officer thereof in
his official capacity is a party.

b. Investigate, initiate court action, or in any manner proceed against any person, corporation or firm for
the enforcement of any contract, bond, guarantee, mortgage, pledge or other collateral executed in favor
of the Government. Where proceedings are to be conducted outside of the Philippines the Solicitor
General may employ counsel to assist in the discharge of the aforementioned responsibilities.

c. Appear in any court in any action involving the validity of any treaty, law, executive order or
proclamation, rule or regulation when in his judgment his intervention is necessary or when requested by
the Court.

d. Appear in all proceedings involving the acquisition or loss of Philippine citizenship.

e. Represent the Government in all land registration and related proceedings. Institute actions for the
reversion to the Government of lands of public domain and improvements thereon as well as lands held in
violation of the Constitution.

f. Prepare, upon request of the President or other proper officer of the National Government, rules and
guidelines for government entities governing the preparation of contracts, making of investments,
undertaking of transactions, and drafting of forms or other writings needed for officials use, with the end
in view of facilitating their enforcement and insuring that they are entered into or prepared conformably
with law and for the best interests of the public.

g. Deputize, whenever in the opinion of the Solicitor General the public interest requires, any provincial
or city fiscal to assist him in the performance of any function or discharge of any duty incumbent upon
him, within the jurisdiction of the aforesaid provincial or city fiscal. When so deputized, the fiscal shall be
under the control and supervision of the Solicitor General with regard to the conduct of the proceedings
assigned to the fiscal, and he may be required to render reports or furnish information regarding the
assignment.

h. Deputize legal officers of government departments, bureaus, agencies and offices to assist the Solicitor
General and appear or represent the Government in cases involving their respective offices, brought
before the courts and exercise supervision and control over such legal officers with respect to such cases.

i. Call on any department, bureau, office, agency or instrumentality of the Government for such service,
assistance and cooperation as may be necessary in fulfilling its functions and responsibilities and for this
purpose enlist the services of any government official or employee in the pursuit of his tasks.

Departments, bureaus, agencies, offices, instrumentalities and corporations to whom the Office of the
Solicitor General renders legal services are authorized to disburse funds from their sundry operating and
other funds for the latter Office. For this purpose, the Solicitor General and his staff are specifically
authorized to receive allowances as may be provided by the Government offices, instrumentalities and
corporations concerned, in addition to their regular compensation.
j. Represent, upon the instructions of the President, the Republic of the Philippines in international
litigations, negotiations or conferences where the legal position of the Republic must be defended or
presented.

k. Act and represent the Republic and/or the people before any court, tribunal, body or commission in any
matter, action or proceeding which, in his opinion, affects the welfare of the people as the ends of justice
may require; and

l. Perform such other functions as may provided by law.