WEEK 10
investigation and prosecution of criminal
Prosecution Pillar
Topics:
1. Role of Prosecution Pillar in Criminal Justice System
2. National Prosecution Service
3. Functions of National Prosecution Service
Prosecute - to officially accuse someone of committing a
crime in a law of court, or to try to prove that the person
accused of committing a crime is guilty of that crime.
Prosecution Meaning - It is the process or method
whereby accusations are brought before the court of
justice to determine the existence of probable cause for
filing the information in court.
Prosecution is considered as the gatekeepers in the
criminal justice system.
Prosecutor - serving as the lawyer of the state or
government in criminal cases and is considered as officer
of the court.
Information - An accusation in writing charging a person
with an offense, subscribed by the fiscal and filed in
court.
Presidential Decree 1275 - created the National
Prosecution Service
 National Prosecution Service is responsible for the
investigation and prosecution of all cases involving
violations of penal laws
 National Prosecution Service under the supervision
and control of the Secretary of Justice
 Head of National Prosecution Service under PD
1275 is Chief State Prosecutor
 Composition of National Prosecution Service:
 Prosecution Staff
 Investigate administrative charges against
fiscals and other prosecution officers
 Conduct the investigation and prosecution
of all crimes
 Prepare legal opinions on queries involving
violations of RPC and special penal laws
 Review appeals from the resolutions of
fiscals and other prosecuting officers
 Head of the NPS is Chief State Prosecutor with
3 Assistant Chief State Prosecutor
 Regional State Prosecutor - immediate
administrative supervision over all
provincial/city prosecutor
 Implement policies, plans, programs,
memoranda, orders, circulars and rules
and regulations of the DOJ relative to the
cases in his region
 Exercise immediate administrative
supervision over all provincial and city
fiscals and other prosecuting officers in
provinces and cities comprised within his
region
 Prosecute any case arising within the
region
 Appointments of members…
 Coordinate with regional offices of other
departments, with bureaus/agencies under
the DOJ, any local governments and police
units in the region
 Provincial State Prosecutor
 City State Prosecutor
Republic Act No. 10071 - amended PD 1275, An act
strengthening and rationalized the National Prosecution
Service. The Prosecution Service Act of 2010
 National Prosecution Service have the primary
responsibility for the preliminary investigation and
prosecution of all cases involving violations of penal
laws under the supervision of the Secretary of
Justice.
 Prosecution Staff is headed by Prosecutor General
Composition of the Prosecutor:
A. Public Prosecutor - Fiscal
a) State Prosecutor
b) Provincial Prosecutor
c) City Prosecutor
d) Special Prosecutor
i. Attorney in Private Practice. They
represent the parties
(complainant/respondent) in proceedings
before the Public Prosecutors.
ii. Public defender such as PAO and other
legal and lawyers (IBP, CLAO, FLAG)
Duties of the Prosecutor:
1. Evaluate the police findings referred to them, or other
complaints filed directly with them by individual persons
(e.g. private citizens who are victims, or have knowledge
of crimes, government officers in charge of enforcement
of the law violated);
2. File corresponding information in proper court on the
basis of their evaluation of the proofs at hand; and
3. Prosecute the alleged offenders in court, in the name
of the People of the Philippines.
Preliminary Investigation - is an inquiry or proceeding for
the purpose of determining whether there is sufficient
ground to engender a well-founded belief that a crime
cognizable by the RTC has been committed and that the
respondent is probably guilty thereof and should be held
for trial.

Nolle (Nolle Prosequi) - a nolle is a request made by the

prosecutor to the judge for approval to terminate further
criminal prosecution against the suspect. A written
argument presented by the prosecuting attorney that he
does not believe the evidence