THE PROSECUTION PILLAR

It is the process or method whereby accusations are brought before the court of
justice to  determine the innocence or guilt of the accused.
The Role of the Prosecutor
1. Serving as the lawyer of state/government in criminal cases, the prosecutor is 
automatically considered an officer of the court, at the same time, He isformally a
member  of the Department of Justice, under the executive branch of the Government,
and thus  independent from the judiciary. Since prosecution in criminal cases isinitiated
on behalf of  the people (The State vs. the accused) rather than on behalf of the individual
agencies.
2. The prosecution service is made up of the Provincial and City Prosecutors, Chief State 
prosecutor, asst. City/Provincial/State Prosecutor etc. They:
(a) evaluate the police findings referred to them, or other complaints filed directly with 
them by individual persons.
(b) File corresponding INFORMATIONS OR CRIMINAL COMPLAINTS in the
proper courts  on the basis of their evaluation of the proofs at hand; and
(c) Prosecute the alleged offenders in court, in the name of the Philippines.
Attorneys in Private Practice should be deemed a part of the CJS component. They
represent the parties (complainant or respondent) in proceedings before thePublic
Prosecutors. So also, public defenders such as PAO and other legal aid lawyers(IBP,
FLAG)
Prosecutorial Discretion
The prosecutor, like the police has a wide latitude in the exercise of
discretion. In fact, in most cases, the prosecutor has absolute, unrestricted discretion
in the  performance of duty. In the day- to- day decision- making process, the
prosecutor make  decisions relatively free of control, although they may be influenced by
the desires and opinions  of the public, the police and other government officials.
Prosecutorial discretion typically enters the picture immediately after the arrest, when  the
police investigative reports are forwarded to the prosecutor for review. The prosecutor 
screens and evaluates the document in order to decide whether to accept or reject the case
for  prosecution. The prosecution, therefore should not go forward unless sufficient
evidence exists  against the accused to promise a conviction, and thus justify the
government expense and the  defendant’s distress.
A prosecuting attorney, by the nature of his office, is under no compulsion to file a 
particular Criminal Information where he is not convinced that he has evidence to back
up its  averments or that the evidence at hand points to a difference.
On the other hand, if the prosecutor decides to accept the case, he issues a 
complaint/information upon which the suspect is arraigned before a judge.
Thus, this is known as SELECTIVE PROSECUTION because the prosecutor does
not only  have the option to select but more so influenced by the following favorable
legal factors to attain  conviction.
a. the legal strength of the case
b. the willingness of witnesses to testify
c. the likelihood that the prosecutor can legally prove the defendant’s guilt.
Consequently, even after prosecution has commenced by virtue of the defendant’s initial
appearance, the prosecutor may subsequently decide to drop all charges, discontinue 1
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prosecution, and seek a dismissal under the following circumstances:
1. When the prosecutor becomes aware of the factors that make prosecution
inadvisable; and
2. When the prosecutor has not had the opportunity or the mechanism for
screening cases to the first arraignment.

The aforementioned actions by the prosecutor can only be possible through the
NOLLE (Nolle Prosequi)
A NOLLE is a request made by the prosecutor to the court for approval to
terminate further criminal  prosecution against a suspect.

Police and the Prosecutor

In our Criminal Justice System, prosecution stands as its second pillar next to police.
Because the  police are the first link in the system; an immediate working relationship
between the police and  prosecution exists. The immediate and full cooperation of the
arresting officer so that the case could  receive immediate prosecutorial action.
The action of prosecution is dependent upon the initiatory action, whereby the
criminal justice  system relies on;

a. The certainty of the arrest by the police

b. The certainty of conviction by an effective prosecution;
c. The certainty of appropriate sentencing by the court.

Since the certainty of punishment depends mainly on the effective prosecution and
appropriate  sentencing, the initial step in deterring criminal activities is the responsibility
of prosecutor. However,  because of delays and other problems associated with
prosecution, often the offenders are not convicted.  Delays in prosecution, often times
brought about by negative attitudes of the police inevitably work to  the advantage of the
offenders reducing severely the likelihood of punishment.
The effectiveness of prosecution depends on the immediate and full cooperationof the
arresting  officer so that the case could receive instant prosecutorial attention. Because the
police are the first like  in the criminal justice system, and immediate working
relationship between he police and prosecution allows the prosecutor to be involved
in the investigative process in order to:

a. to evaluate the legal strength of the case.

b.to review the action taken by the police while the facts are still fresh.
c. to make better informed decisions concerning the state’s course of action.

When the police apprehend a person as a suspect in a certain crime that person is placed
under  custodial interrogation. If the outcome of the investigation reveals sufficient
evidence against the  suspect, plus positive identification by witness, the suspect is placed
under arrest. Within a reglementary  period the police report of the case is forwarded to
the prosecutor screens and evaluate the documents  in order to decide whether to accept
or reject the case for prosecution.
Prosecution of Offenses

Criminal actions shall be instituted as follows:

For offenses where a preliminary investigation is required, by

filing the complaint-
(requires preliminary investigation)
-with the office of the provincial or city prosecutor and their assistants, judges of 
the municipal trial courts and municipal circuit trial courts, national and regional
state  prosecutors and
For all other offenses, by
filing the complaint or information-
(do not require preliminary investigation)
-directly with eh Municipal Trial  Courts and Municipal Circuit Trial Courts or the
complaint on the office of the Prosecutor. In  Manila and other Chartered Cities, the
complaint should be filed with the office of the  prosecutor.
Note: A preliminary investigation is required to be conducted before the filing of a
complaint or  information with the court 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.
Complaint, defined: - is
a sworn 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 defined: -
An information is an accusation in writing charging a person with an offense, 
subscribed by the prosecutor and filed with the court.
Complaint and Information Distinguished:
While both are accusations of the commission of a criminal offense, they are nonetheless
to be  differentiated in that
(a) the complaint may be signed by the offended party, any peace officer or other
public officer  charged with the enforcement of the law violated, while information
is always signed by the fiscal or an  authorized prosecuting officer.
(b) the complaint is sworn to by the person signing it, whereas
the information need not be under oath the reason therefore being principally that the
prosecuting officer filing it is charged with the special  duty in regard thereto and is
acting under the special responsibility of his oath of office.
(c)complaint maybe filed either with the fiscal’s office or the court, while an
information is always filed with the court.
Sufficiency of a complaint or Information
1. Name of the accused
2. Designation of the offense
3. Cause of the accusation
4. Place of commission of the offense
5. Date of commission of the offense
6. Name of the offended party

**Preliminary Investigation**
It is an inquiry or proceeding for the purpose of determining whether there
issufficient 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.
Under PD 911, which took effect on March 23, 1976, only the Provincial Fiscal or
Chief State  prosecutor shall approve the filing of complaint/information in court or
dismiss a case investigated by an  assistant fiscal or prosecutor.

The following may conduct preliminary investigation:

a. Provincial or City prosecutors and their assistants
b. Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts
e. National and Regional State Prosecutors
f. Other officers authorized by law such as Graft Investigator Officers and Special
Prosecution Officers of the Officer of the Ombudsman.

Procedure:
1. Upon submission of the complaint and affidavits of the complainant and witnesses
as well as  the supporting documentsto establish a probable cause. They shall be in such
number of copies  as there are respondents, plus two (2) copies for the official file. The
affidavits shall be  subscribed and sworn to before any prosecutor or government official
authorized to administer  oath.
2. Within ten (10) days after the filing of the complaint, the investigating officershall
either dismiss  itif he finds no ground to continue with the investigation, orissue a
subpoena to the respondent  attaching to it a copy of the complaint and its supporting
affidavits and documents.
3. Within ten (10) days from receipt of the subpoena; with the complaint and
supporting affidavits  and documents, the respondent shall (Within 10 days) submit his
counter- affidavits and that of his witnesses  and other supporting documents relied upon
for his defense.
4. If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-
affidavits  within ten (10) day period, the investigating officer shall resolve the
complaint based on the  evidence presented by the complainant.
5. Within ten (10) days after the investigation, the investigating officer shall determine
whether or not here is sufficient ground to hold the respondent for trial.
6. If the investigating prosecutor finds cause to hold the respondent for trial, he shall
prepare the  RESOLUTION and INFORMATION. He shall certify under oath in the
information personally  examined the complainant and his witnesses, that there is
reasonable ground to believe that a  crime has been committed and the accused is
probably guilty thereof.
7. Within five (5) days from hisresolution, he shall forward the record of the case to the
provincial  or city prosecutor or chief state prosecutor, or the Ombudsman or his
deputy in cases  cognizable by the Sandiganbayan. They shall act on the resolution
with in ten (10) days from  their receipt thereof and shall immediately inform the parties
of such action.

No complaint may be filed or dismissed by an investigating prosecutor

without the prior written authority or approval of the provincial or city prosecutor
or chief state  prosecutor or the Ombudsman or his deputy.

Where the investigating prosecutor recommends the dismissal of the complaint by his 
recommendation is disapproved by the provincial or city prosecutor or chief state
prosecutor  or the Ombudsman or his deputy or the ground that probable cause exist, the
latter may, by  himself, file the information against the respondent or direct another
assistant prosecutor or  state prosecutor to do so without conducting another preliminary
investigation.
PD 911 also empowers the secretary of justice to review resolutions of provincial fiscals 
or the chief state prosecutor without requiring another preliminary investigation.
If the secretary believes that the person charged is not probably guilty of the crime. He 
can order the assistant fiscal or state prosecutor to move for the dismissal of the case.
Similarly,  he can order the filing of the proper information if he believes that the person
charged is probably  guilty of the offense.

Resolution of investigating Judge

Within ten (10) days after the preliminary investigation,- and to the
investigating judge shall transmit  the resolution of the case to the provincial or city
prosecutor, or the Ombudsman or his deputy in cases of offenses cognizable by the
Sandiganbayan.

The resolution shall state the findings of facts and the law supporting his action,
together with the record of the case which shall include:
a. the warrant, if the arrest is by virtue of a warrant
b. the affidavit, counter- affidavits and other supporting evidence of the parties.
c. The undertaking or bail of the accused and the order of hisrelease.
d. The transcripts of the proceedings during preliminary investigation
e. The order of cancellation of his bail bond, if the resolution is for the dismissal of
the  complaint.

Within thirty (30) days from receipt of the records, the provincial or city prosecutor, or
the  Ombudsman or his deputy, as the case may be, shall review the resolution of the
investigating  judge on the existence of probable cause.
When Warrant of Arrest may issue-

(a) By the Regional Trial Court

The judge is mandated, with in ten (10) days from the filing of complaint or
information, to  personally evaluate first the resolution of the prosecutor and
itssupporting evidence.

If he finds probable  cause, he shall issue a warrant of arrest or commitment order if the
accused already been arrested  pursuant to a warrant issued by the judge who conducted
the preliminary investigation or the accused is  arrested lawfully without warrant. In case
of doubt of the existence of probable cause the judgemay order  the prosecutor to present
additional evidence within five (5) days for notice and the court must resolve  the issue
within thirty (30) days from the filing of complaint or information.

(b) By the Municipal Trial Court

In cases falling under the original jurisdiction of the Municipal Trial courts,
Municipal Circuit Trial  Courts (violation of municipal ordinances and offenses
punishable by imprisonment for not more not six (6) years) where a preliminary
investigation is conducted by the judge himself because the penalty is at  least four
(4) years, two (2) months and one (1) day, he shall issue a warrant of arrest if his
findings and  recommendations are affirmed the provincial prosecutor or city
prosecutor or by the Ombudsman or his  deputy.

However, without waiting for the conclusion of the investigation, the judge may issue a
warrant  of arrest if he finds after an examination in writing and under oath of the
complainant and his witnesses  in the form of searching questions and answers that a
probable cause exists and there is a necessity of  placing the respondent under immediate
custody in order not to frustrate the ends of justice, he can issue  a warrant immediately.
If no warrant has been issued during the course of the preliminary investigation, the judge
may  issue of arrest upon return to him the provincial or city prosecutor or by he
Ombudsman or his deputy of  the affirmation of his findings and recommendations.

Note: When a person is lawfully arrested without a warrant involving a case which
requires a preliminary  investigation, the complaint or information may be filed by a
prosecutor without need of such  investigation provided an inquest has been
conducted in accordance with existing rules.

Before the complaint or information is filed, the person arrested may ask for
preliminary  investigation in accordance with the rule, but he mustsign a waiver of the
provisions of Article 124 (Delay  in the delivery of Detained persons to Proper Judicial
Authorities of the Revised Penal Code in19 the  presence of his counsel.
After filing of complaint or information (without preliminary invesigation, the accused
may, within five (5) days from the time He learns of its filling ask for a preliminary
investigation with the same  right to adduce evidence in his defense.
**Inquest *
Inquest is an informal 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 for  the purpose of determining whether or not said persons
should remain under custody and  correspondingly be charged in court.
Commencement of Inquest= Upon receipt by the inquest officer from the law
enforcement authorities of  the documents which include:
1. Affidavit of arrest
2. The investigation reports
3. The statement of the complainant and witnesses
4. Other supporting evidence gathered by the police in the course of the latter’s
investigation  of the criminal incident involving arrested or detained person.
Inquest procedure:
1. Reception of
a. the affidavit of arrest
b. the investigation reports
c. statement of complainant
d. other supporting materials
-If finding NOT PROPER for inquest:
a. recommend the release of the person arrested/detained
b. note down the disposition on the reversal document.
c. Prepare brief memorandum informing the results for the action taken.
d. Forward the same together with the record of the case, to the Chairman of the Task 
Force/City or Provincial Prosecutor for approved action.
If PROPER for inquest and the respondent avails on the (preliminary investigation
a. respondent execute the waiver of the provisions of the Art. 125 of the RPC with the 
assistance of his counsel.
b. The prosecutor forwards the case to the City or Provincial Prosecutor for preliminary 
investigation.
c. Notwithstanding such waiver 卢 respondent may apply or bail.
NOTE: Preliminary investigation shall be terminated within fifteen (15) days from its
inception.
If PROPER but respondent does not execute waiver
Prosecutor shall proceed with the inquest by examining the affidavit/sworn statement of 
complainant, witnesses and other supporting evidence presented.
If there is PROBABLE CAUSE
1. Recommend the filing of the corresponding (complaint/information if doubt.
2. Forward the records of the case with the complaint to the  City/Provincial Prosecutor
for appropriate action.
Preparedby:MMW LORDJESUSCHRIST, THEWORKSISYOURS! A.Y. 21-221st SEM
BEGLORIFIED!
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If there is NO Probable Cause
1. Recommend the release of the arrested or detained Person
2. Note on the disposition of the case on the referral document
3. Prepare a brief memorandum indicating reasons for the action taken. Forward the 
records of the case to the Provincial or City Prosecutor.
Note: The order of release should be approved by the City or Provincial Prosecutor