Second Pillar of CJS:

PROSECUTION
TOPIC 3.1
Prosecution
- the institution or continuance of a criminal suit involving the
process of exhibiting formal charges against an offender before a
legal tribunal and pursuing final judgment on behalf of the state or
government.
- Determination of the legality of the action of the law
enforcer.
- Evaluation of evidence presented takes place.
- Finding of probable cause to warrant prosecution known
as Preliminary Investigation.

Probable Cause – is the existence of such facts and circumstances

as would excite the belief, in a reasonable mind, acting on the
facts within the knowledge of the prosecutor, that the person
charged was guilty of the crime for which he was prosecuted.
Prosecution
- the process whereby accusations are brought
before a court of justice to determine the innocence or
guilt of the accused.
Duties of a Prosecutor:
1. To conduct Preliminary Investigation
2. To make proper recommendation during the inquest
of the case referred to them by the police after the
investigation of the suspect
3. To represent the government or state during the
prosecution of the case against the accused
NATIONAL PROSECUTION SERVICE
- the principal prosecutor arm of the government
- assists the Secretary of Justice in the
performance of powers and functions of the
department relative to its role as the prosecution arm of
the government.
- its primary task is to investigate and prosecute all
criminal offenses defined and penalized under the RPC
and other special laws.
- public prosecutor or prosecutors’ office is under
the DOJ.
Preliminary Investigation
- an inquiry or a proceeding to determine whether
there is a 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.
- it is required to be conducted before the filing of
the information for an offense where the penalty
prescribed by law is at least 4 years, 2 months and 1 day.
Persons who may conduct PI:
1. Provincial or City Prosecutors and their
assistance;
2. National and Regional State Prosecutors; and
3. Other Officers as may be authorized by law:
3.1. Tanodbayan’s Special Prosecutors as
authorized by the OMBUDSMAN
3.2. COMELEC’s authorized legal officers
3.3. Special Prosecutors appointed by
Secretary of Justice
Inquest Proceeding
- an inquiry or proceeding to determine if the warrantless
arrest conducted by the law enforcers or the arresting officer is
constitutional.

Purpose of Inquest Proceeding:

The purpose of inquest proceeding is to determine whether
or not the person detained should remain under custody and
then be charged in court if there is probable cause.
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
- an accusation in writing charging a person with an
offense, subscribed by the prosecutor and filed with the court

Note:
The complaint or information 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.