Saint Joseph College

CRIMINOLOGY DEPARTMENT
Maasin City, Southern Leyte

LESSON 6

PROSECUTION PILLAR - ROLE AND FUNCTIONS OF CITY AND

PROVINCIAL PROSECUTORS AND PRIVATE PROSECUTORS.
At the end of this lesson, you should be able to determine the functions of the city and provincial
prosecutors.

INTRODUCTION

Who can file for a criminal action?

The purpose of criminal action is to determine the liability of the accused for having outraged the
state with his crime, and if found guilty, to punish him for it. In this sense, the parties of the
action are the people of the Philippines and the accused. The private offended party is regarding
merely as a witness for the state.

In criminal cases where the offended party is the state, the interest of the private complaint or
the private offended party is limited to civil liability, thus, in the prosecution of the offense, the
complainant's role is limited to that of a witness for the prosecution.

How is criminal action instituted?

Section 1, Rule 110, Rules of Court, provides for the institution of criminal action.

Section 1. Institution of criminal actions - criminal action be instituted as follows:

a.) For offenses where preliminary investigation is required pursuant to Section 1 of Rile 113, by
filing the complaint or the proper officer for the purpose of conducting the requisite preliminary
investigation.

b. ) For all offenses, by filing the complaint and the information directly with the Municipal Trial
Courts and Municipal Circuit Trial Court, ordi complaint with the office of the prosecutor. In
manila and other chartered cities, they complain shall be filed with the office of the prosecutor
unless otherwise provided in their charters.

Role of City and Provincial Prosecutors

Preliminary investigation is merely an inquiry or proceeding to determine whether there is

sufficient 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.

( Edgardo v. Quesada v. DOJ, August 31, 2006)

Cloie Anne C. Sulla, RCrim. JD.

Saint Joseph College
CRIMINOLOGY DEPARTMENT
Maasin City, Southern Leyte
The above student supports the definition of preliminary investigation on its "probably guilty", in
which the inquiry is concerned merely with probability and not an absolute or moral certainty. A
preliminary investigation does not inquiry full and exhaustive presentation of the parties
evidence. A finding of probable cause needs only to rest on evidence showing that more likely
than not, a crime has been committed and was committed by petitioner and his co-accused.

The term "probable cause" neither means actual and positive cost or import absolute certainty. It
is merely based on opinion and reasonable belief. Thus, a finding of probable cause does not
require an inquiry into whether there is sufficient evidence to procure a conviction. It is enough
that it is believed that the act or omission complaint of constitutes the offense charged. Precise
leader is a trial for the reception of evidence of deposit to support the charge.

Officers authorized to conduct preliminary investigation

1. Provincial or City Prosecutors and their assistants

2. National and Regional State Prosecutors

3. Other officers as may be authorized by law, either COMELEC or the ombudsman.

Right to preliminary investigation; not a constitutional right.

The 1987 Philippine constitution does not provide for preliminary investigation. The right there to
is of a statutory character and may be invoked only one specifically created by statute. Since it
is established by statute, it becomes a component of due process in criminal justice.

Preliminary investigation is a substantive right. To deny the claim of the accused to preliminary
investigation would deprive him the full measure of his right to due process.

Can preliminary investigation be waived?

The right to a preliminary investigation may be waived for failure to invoke the right prior to or at
the time of the plea.

Section 9 powers and function of the provincial prosecutor or city prosecutor - The
provincial prosecutor shall:

1. By the law officer of the province or city as the case may be.

2. Investigate and or cause to be investigated all charges of crimes, misdemeanors and

violation of 10a laws and ordinances within their respective jurisdiction 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 or her as a stance should receive the statements

Cloie Anne C. Sulla, RCrim. JD.

Saint Joseph College
CRIMINOLOGY DEPARTMENT
Maasin City, Southern Leyte
under oath or take oral evidence of witnesses, and for this purpose made by subpoena or
someone witnesses to appear and testify under oath before him or her and the attendance or
evidence of an absent or recalcitrant witness maybe and forced by application to any trial court.

3. Have charge of the prosecution of all crimes, misdemeanors and violation 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.

Prosecution of the criminal action

Who must prosecute criminal action?

All criminal actions either commenced by complaint or information shall be prosecuted under the
direction and control of a public prosecutor. In case of heavy work schedule or the public
prosecutor or in the event of lack of public prosecutors, d private prosecutor may be authorized
in writing by the chief of the prosecution office or the regional state prosecutor to prosecute the
case subject to the approval of the court. One so authorized to prosecute the criminal action, the
private prosecutor shall continue to prosecute the case up to the end of the trial even in the
absence of a public prosecutor and less the authority is revoked or otherwise withdrawn.

The public officer may return over the actual prosecution of the criminal case to the private
prosecutor but he may at any time take over the actual conduct of the trial. If the public
prosecutor wants to ask additional questions after the private prosecutor was done with his
questions, the trial judge did not consult a private prosecutor before granting the leave to the
public prosecutor.

Who shall administer the preliminary investigation?

The public prosecutor shall conduct preliminary investigation to determine probable cause to file
information to the court. That used may move to quash the complaint or information as provided
in section 3, rule 113 on the rules of court on any of the following grounds:

1. That facts charge do not constitute an offense;

2. That court trying the case has no jurisdiction over the offense charged;

3. That court trying the case has no jurisdiction over the person of the accused;

4. That the officer who filed the information has no authority to do so;

5. That it does not conform substantially to the prescribed form;

6. That more than one of fence is charged except when a single punishment for various
offenses is prescribed by the law;

Cloie Anne C. Sulla, RCrim. JD.

Saint Joseph College
CRIMINOLOGY DEPARTMENT
Maasin City, Southern Leyte
7. That the criminal action or liability has been extinguished;

8. That it contains averments which if true, would constitute a legal excuse or justification; and

9. 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.

When can motion to quash be filed?

At any time before entering his plea, the accused may move to quash the complaint or
information.

Plea - a formal answer of the defendant and common law pleading. The answer of guilty or not
guilty in an arraignment for criminal charge. Any pleading in an ecclesiastical court, whether the
first or subsequent one. Any action at law.

Cloie Anne C. Sulla, RCrim. JD.