LESSON 3

Prosecution

TOPICS
1. Concept of Prosecution
2. Prosecution Agencies
3. Functions of the Prosecution Agencies
4. Prosecutor
5. The Prosecution Process

LEARNING OUTCOMES
At the end of the lesson, you should be able to:
a. explain the concepts of prosecution;
b. discuss the prosecution agencies in the Philippines;
c. enumerate the functions of prosecution agencies;
d. discuss the prosecutor; and
e. explain the prosecution process.

TOPIC 1: CONCEPT OF PROSECUTION

Prosecution may refer to the agency responsible in presenting the government’s position in
criminal cases and evaluating evidences presented by the law enforcement.
Prosecution 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).

TOPIC 2: PROSECUTION AGENCIES

Government agencies
a. National Prosecution Service-official prosecutorial agency of the Philippines
b. Office of the Solicitor General (State Prosecutor) – legal representative of the Government of the
Philippines
c. Office of the Ombudsman-give priority to complaints against high-ranking officials of the Government
d. Office of the Regional State Prosecutor
e. Office of the Provincial, City, and Municipal Prosecutors
f. Public Attorney’s Office-independently renders free of charge, legal representation, assistance, and
counselling to indigent persons in criminal, civil, labor, administrative, and other quasi-judicial cases

Non-Government prosecuting agencies

IBP – CLAO - Other legal-aid lawyer associations

Integrated Bar of the Philippines

Civil Legal Assistance Office (CLAO)

Attorneys in private practice should be deemed a part of this CJS component. They represent the
parties (complainant and respondent) in proceedings before the public prosecutors.

TOPIC 3: FUNCTIONS OF THE PROSECUTION AGENCIES

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The prosecution service has the following general functions:
1. Evaluate the police findings referred to them, or other complaints filed directly with them by
individual persons;
2. File corresponding criminal complaints or information in the proper courts on the basis of their
evaluation on the proofs at hand; and
3. Prosecute all alleged offenders in court, in the name of the people of the Philippines.

TOPIC 4: PROSECUTOR

A Prosecutor is 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.

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 the administration of the CJS thru an adequate examination of the offense
charged and to decide whether or not to prosecute a person without sacrificing fairness and justice.

The Prosecutor has a dual function/duty:

As a Prosecutor per se: Basically, the Prosecutor represent the government’s position in a criminal case
during court proceedings from the time of the suspect’s arrest until the adjudication of his case.

As the chief law enforcement officer: The Prosecutor has the inherent responsibility to supervise all criminal
cases under investigation by the local police force as well as non-prosecution police-oriented activities.

Topic 5: THE PROSECUTION PROCESS

1. Filing of Complaint - Complainant

Complaint is legally defined as 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. (Sec. 3, Rule 110, RRC) -REVISED RULES OF COURTS
2. Preliminary Investigation
Preliminary Investigation refers to an inquiry or proceeding for the purpose of determining whether
there is a sufficient ground to engender a well-founded belief that a crime has been committed and that the
suspect/respondent is probably guilty thereof, and should be held for trial. (Sec. 1, Rule 112, RRC)
Officers authorized to conduct Preliminary Investigation:
a. Provincial or City fiscals and their assistants
b. Judges of the MTC and the MCTC – Municipal Trial Court / Municipal Circuit Trial Court
c. National and Regional state prosecutors
d. Such other officers as may be authorized by law

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 the person should remain under custody and correspondingly be
charge in court.
3. Filing of Information
Information is defined as an accusation in writing charging a person with an offense subscribed by the
prosecutor and directly filed with court. By definition, it is only the prosecutors authorized to file information
document to the court.
4. Arraignment
Arraignment is the stage of criminal proceeding purposely done to determine the identity of the accused
in the court (Sec. 1, Rule 116)
5. Filing of Bail

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 Bail refers to the security given for the release of a person in custody of the law, furnished by him or a
bondsman, conditioned upon his appearance before any court as required under the conditions specified by
the court. (Sec. 1, Rule 114)
Bail that maybe posted by the accused maybe in form of:
a. Cash– the money that is deposited in cash with the nearest collector of internal revenue or to the
local treasurer by the accused person or any person acting in his/her own behalf.
b. Corporate Surety – a bond subscribed jointly by the accused and an officer duly authorized by the
board of directors of any domestic or foreign corporation licensed as a surety provider in accordance
with law and currently authorized to act as such.
c. Property Bond – an undertaking constituted as a lieu on the real property given as security for the
amount of bail.
d. Recognizance – a written promise to appear in court during any legal proceeding conducted for the
purpose of trial or any judicial proceeding of a case under investigation.

6. Detention (Preventive Imprisonment)

Detention is the act of restraining one’s liberty. Detention maybe applied to:
a. accused persons who cannot post bail while their case is under trial or investigation;
b. accused persons who are waiting for the court’s decision of their case; and
c. minors and insane people who need police custody for security or protection purposes.

STATUTORY RAPE

Accomplice
Accessories

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