PROSECUTION PILLAR

ROLE OF PROSECUTION PILLAR

• considered as the gatekeepers of CJS

• This pillar has the role of prosecuting criminal actions in
court
• Prosecutor - serves as the lawyer of the State or government
in criminal cases and considered as officer of the court
• determines probable cause
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PD 1275
• The law created the National Prosecution Service
• responsible for investigation and prosecution of all cases
involving violations of penal laws
• Head is the Chief State Prosecutor

Composition of NPS:

1. Prosecution Staff 3. Provincial State Prosecutor

2. Regional State Prosecutor 4. City State Prosecutor
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RA 10071

• Amended PD 1275
• strengthening and rationalized the NPS
• The Prosecution Service Act of 2010
• primary responsible for the conduct of preliminary
investigation and prosecution of all cases involving
violations of penal laws
• under Sec of Justice (DOJ)
• Headed by Prosecutor General
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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.
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Probable Cause

Is the existence of such facts and circumstance as would

excit 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

Nolle Prosequi

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