 SECOND PILLAR: PROSECUTION

• It is 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.
• The process or method whereby accusations are brought before a court of justice to
determine the innocence or guilt of the accused.
• PROSECUTORS are government officials who represent the people of a particular
jurisdiction.
• The State Prosecutor also known as fiscals, considered the “keystone” in the
administration of criminal justice.
• The State Prosecutor – serves as the lawyer of the state in criminal cases.
• Evaluator
• Traffic Cop
 INTERACTION OF POLICE AND PROSECUTORS
• Effectiveness of prosecution depends on the immediate and full cooperation of the
arresting officer.
 POLICE PROCESS
- The police conduct investigation and when the outcome of their investigation reveals
sufficient evidence against a particular suspect, based on testimony and identification by
witnesses, and other evidence, the suspect is placed under arrest.
 CUSTODIAL INVESTIGATION
• It is conducted when the suspect has been taken into custody, and the police carry out
a process of interrogation.
• The prosecutor evaluates the document to determine whether to reject or to accept the
case for prosecution.
1. Basic Procedure in Preliminary Investigation (Rule 112, Sec 2., Rules of Court)
2. Filing of Complaint Affidavit – within 10 days determine probable cause
3. Issuance of Subpoena by the prosecutor to the respondent
4. Filing of counter affidavit by the respondent – within 10 days
5. Hearing shall be held within 10 days from submission of the counter-affidavits
6. Resolution – within 10 days

RULE 110. Prosecutions of Offenses

Sec. 1 Institutions of criminal actions
For offenses where preliminary investigation is required pursuant to Sec 1 of Rule 112, by
filing the complaint with the proper officer for the purpose of conducting requisite
preliminary investigation.
For all other offenses, by filing the complaint or info directly with the MTC and MCTC, or
the complaint with the office of the prosecutor.
* The institution of the criminal action shall interrupt the running period of prescription of the
offense charged unless otherwise provided in special laws.
Sec. 2. 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.
• 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 law violated.
• INFORMATION is an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court.
SEC 5 of Rule 110 is amended by A.M.No. 02-2-07 SC 2002
SEC 6. COMPLAINT OR INFORMATION IS SUFFICIENT IF:
 Name of the accused – the complaint or information must state the name and surname
of the accused or any appellation or nickname by which he has been or is known.
 Designation of the offense given by the statute – and specify the qualifying and
aggravating circumstance
 The acts or omissions complained of as constituting the offense – must be stated in
ordinary and concise language. In terms sufficient to enable a person of common
understanding to know what offense is being charged as well as its qualifying and
aggravating circumstances ss
 Place where the offense is committed
PRELIMINARY INVESTIGATIONS
(Sec 1, Rule 112 Rules of Criminal Procedure)
• It is an inquiry or proceedings for the purpose of determining whether there exists
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.
 PD 911
• It is promulgated on March 13, 1976 as amended by Batas Pambansa Bilang 129 and
further amended by the New Rules on Criminal Procedure
1. WHAT IS THE PURPOSE?
- To secure the innocent against hasty, malicious and oppressive prosecution and to protect
him from an open and public accusations of a crime.
 SALIENT POINTS OF PD 911
Upon submission of the complainant’s affidavits and documents, the investigating fiscal or
state prosecutor shall immediately determine if there is a probable cause to conduct
preliminary investigation.
If no such cause exists, he shall dismiss the complaint. But if there is a probable cause, he
shall notify and require the person charge to submit his affidavit and those of his witnesses
within 10 days.
a) If no such affidavits are submitted or the person charged does not appear, the
investigation shall proceed without him.

b) Based on the affidavits and documents submitted by the parties, the Fiscal or
State prosecutor shall decide within 10 days whether a crime has been
committed and the person charged is probably guilty thereof.

c) He shall furnish the parties’ copies of his resolution briefly stating his findings
of facts and the law supporting his decision.

d) If he believes the person charged is probably guilty of the crime, he shall

immediately file the information in court. Otherwise, he shall dismiss the
complaint, unless there are some matters, he wishes to be clarified.

e) In such a situation, he shall ask the parties and their witnesses clarificatory
questions.

f) Without the approval of the Provincial Fiscal or Chief State Prosecutor, an

Assistant Fiscal or State Prosecutor cannot file information in court or dismiss
a case investigated by him.
 g) The Provincial Fiscal or Chief State Prosecutor himself may file the proper
information or direct another Assistant Fiscal to do so, if he reverses a
recommendation to dismiss a complaint.

h) PD 911 also empowers the Secretary of Justice to review resolutions of

Provincial Fiscal or Chief State Prosecutor without requiring another
preliminary investigation.

i) If the Secretary of Justice believes that the person charged is not guilty of the
crime he can order the filing of the proper information if he believes that the
person charged is probably guilty of the offense.

AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION

• Provincial or City Prosecutors and their assistants
• National and Regional State Prosecutors
• Other officers who may be authorized by law (COMELEC, OMBUDSMAN)

*When a person is lawfully arrested without warrant there is no right for preliminary
investigation
AGENCIES COMPRISING PROSECUTORIAL FUNCTIONS
1. National Prosecution Service
2. Office of the Special Prosecutor
3. Office of the Ombudsman
4. Judge Advocate General’s Office

WHEN IS PRELIMINARY INVESTIGATION IS REQUIRED?

• It is required before the filing of a complaint or information for an offense where the
penalty prescribed by law is at least 4 years, 2 months and 1 day regardless of fine.
Prosecutorial Discretions
a) To file a case in court against the accused for trial on merits.
b) To drop or dismiss a case after conducting preliminary investigation for lack of merit
of insufficient evidence.
c) To enter into agreement with the defense counsel for the consideration and approval
of the court.
d) To recommend reduced charges and bail in favor of the accused.

REMEDIES OF AN OFFENDED PARTY AGAINST A FISCAL WHO REFUSES

UNREASONABLY OR UNJUSTIFIABLY TO FILE INFORMATION
 a) To file a criminal case against the fiscal.
b) To file an administrative case
c) To hold him civilly liable
d) To file an action for mandamus to compel the fiscal to file the information
e) To file a motion for consideration
f) To appeal to the Department of Justice
ARRAIGNMENT AND PLEA (Rule 116, Rules of Court)
ARRAIGNMENT is the legal mechanism whereby an accused is brought before the court
wherein the complaint charged against him is read by the clerk of court in the presence of his
lawyer.
PLEA BARGAINING is the process of discussion or negotiation between the defense
counsel and the prosecutor, aimed at reaching an agreement whereby the prosecutor uses
discretion to obtain from the judge a lighter sentence in exchange for the defendant’s entering
a guilty plea. (It is authorized by Sec 1 and 2 of Rule 116 of Revised Rules on Criminal
Procedures)
• Plea bargaining is not allowed under Dangerous Drugs Act where the imposable
penalty is Reclusion Perpetua.
• Plea bargaining is done during pre-trial stage/conference.
• Saving factor in plea bargaining – the truly innocent don’t plead guilty.

Three (3) Types of Lawyer for Defendant

1. Lawyer hired
2. Public defendant for indigent
3. Court-assigned counsel (counsel de officio)

Objectives of Plea Bargaining is to Mitigate such as:

a) Reducing the charge
b) Dropping multiple counts (complex-simple)
c) Recommend leniency to the court
d) Separate complex crime

THE REPUBLIC ACT 8493

(The Speedy Trial Act)

• This act was enacted to ensure speedy trial of all criminal cases before the Sandigan
Bayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court and
Municipal Circuit Trial Court. Under this act, the following Section gives significant
on the speedy resolution of cases.
SEC. 2. Mandatory Pre-Trial in Criminal Cases. – In all cases cognizable by the Municipal
Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court,
and the Sandiganbayan, the justice or judge shall, after arraignment, order a pre-trial
conference to consider the following:
a) Plea bargaining;
 b) Stipulation of Facts;
c) Marking for identification of evidence of parties;
d) Waiver of objections to admissibility of evidence; and
e) Such other matters as will promote a fair and expeditious trial.

• Modification of the order of trial if the accused admits the charge but interposes a
lawful defense
Sec 3. All agreements or admissions made or entered into during the pre-trial conference
shall be reduced to writing and signed by the accused and counsel, otherwise the same shall
not be used in evidence against the accused.
Sec. 4 Non-appearance at pre-trial conference. Where counsel for the accused or the
prosecutor does not appear at the pre-trial conference and does not offer an acceptable excuse
for his/her lack of cooperation, the pre-trial justice or judge may impose proper sanctions.
Sec 7. The arraignment of an accused shall be held within 30 days from the filing of the
information, or from the date the accused has appeared before the justice, judge or court in
which the charge is pending, whichever date last occurs.
• Thereafter where a plea of not guilty is entered, the accused shall have at least fifteen
15 days to prepare for trial. Trial shall commence within 30 days from arraignment.
• If the accused pleads not guilty to the crime charged, he or she shall state whether
he/she interposes a negative or affirmative defense. A negative defense shall require
the prosecution to prove the guilt of the accused beyond reasonable doubt, while an
affirmative defense may modify the order of trial and require the accused to prove
such defense by clear and convincing evidence.
Section 13, If an accused is not brought to trial within the time limit required by Section 7
of this Act as extended by section 9, the information shall be dismissed on motion of the
accused. The Accused shall have the burdened of proof supporting such motion, but the
prosecution shall have the burden of going forward with the evidence in connection with
the exclusion of time.
• Failure of the accused to move for dismissal prior to trial or entry of a plea of guilty
shall constitute a waiver of the right to dismissal under this section.
PRE-TRIAL
• It is a mandatory conference and personal confrontation before the judge between the
parties and their respective counsel.

MAIN PURPOSE OF PRE-TRIAL

a) Whether or not to file a criminal charge
b) How to set the level of seriousness of the offense to be charged
c) When to stop prosecution

SEC 1 & 2, Rule 118 of Rules of Court

• It requires plea bargaining to be considered by the TC at the pre-trial conference.
SEC 1 – Pre-Trial Mandatory in criminal cases.
In all criminal cases cognizable by the SB, RTC, MTC, MTC in cities and MCTC, the
court shall after arraignment and within 30days from the date the court acquires jurisdiction
over the person of the accused, unless a shorter period is provided for in special laws or
circular of the SC, order a pre-trial conference to consider the ffng:
o plea bargaining;
o stipulation of facts;
o marking for identification of evidence of the parties;
o waiver of objections to admissibility of evidence;
o modification of the order of trial if the accused admits the charge but
interposes a lawful defense; and
o such other matters as will promote a fair and expeditious trial of the criminal
and civil aspects of the case. (secs. 2 and 3, cir. 38-98)

THIRD PILLAR: COURT

COURT – judicial tribunal established to administer justice.
What are the functions of the court in the process of CJS?
 - generally, hear and decide cases
FUNCTIONS OF THE COURT
1. Keeping Peace
2. Deciding Controversies
3. Administrative Role

ROLE IN HEARING CASES

- Court must work both in the interest of the offender and offended person towards the
attainment of justice
- Due process clause are observed
- Courts are forum where aggrieved seek for redress
- Fair trial
Judicial Power
• The judicial power shall be vested in one Supreme Court and in such other courts as
may be established by law. (Art VIII, Sec 1 of 1987 Constitution)
• Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess
of jurisdiction on the part of any branch or instrumentality of the Government
DIFFERENT COURTS IN THE PHILIPPINES
 Supreme Court – it is the highest court in the Philippines. It is constitutional
court created by a direct provision of the Constitution.
 Royal Audencia – established on May 5, 1583
 One (1) Chief Justice and 14 Associate Justices

a) Supreme Court: The Highest Court – It is the final arbiter of any and all judicial
issues. It composed of one Chief Justice and fourteen associate justices, all of whom
are presented by the Judicial and Bar Council.
 June 11, 1901 marks the birth of the Supreme Court. It was preceded by the
Royal Audiencia, a collegial body established on May 5, 1583.
b) Court of Appeals – it is the second-highest judicial court after the Supreme Court. It
reviews decisions and orders of the lower courts.
c) The Court of Appeals – was established under Batas Pambansa Bilang 129 known as
“The Judiciary Reorganization Act of 1980” It composed of one presiding judge and
68 Associate Justices.
d) Regional Trial Court (RTC) – court of first instance

e) The Regional Trial Courts – were established among the regions in the Philippines.
  R.A 8369 – otherwise known as the “Family Courts Act of 1997” was enacted
establishing the Family Court, granting this court exclusive original
jurisdiction over child and family cases.

 Inferior Courts (MetroTC, MTC and MCTC)

 Municipal Trial Courts – it covers one municipality; otherwise it is called Municipal
circuit trial courts if it covers two or more municipalities.
 Metropolitan Trial Courts and Municipal Trial Courts in Cities – municipal trial
courts in the towns and cities in the Metropolitan Manila area are referred to as
Metropolitan Trial Courts. In cities outside Metropolitan Manila, the equivalent of the
Municipal Trial Courts are referred to as Municipal Trial Courts in Cities.

 MUNICIPAL TRIAL COURT under RA 7691, has exclusive original jurisdiction

over offenses punishable with imprisonment not exceeding six years regardless or
irrespective of the fine and other accessory penalties and civil liability

 All criminal cases where the penalty is higher than six years imprisonment (except
those cases falling within the Sandiganbayan) are within the jurisdiction of the RTC.

 In cases where the only penalty provided by law is a fine, the MTC has exclusive
original jurisdiction over offenses punishable with a fine not exceeding 4,000 pesos.

 The MTC also has exclusive original jurisdiction over all violations of city or
municipal ordinances committed within its respective territorial jurisdiction. The
MTC has also a special jurisdiction to hear and decide petitions for writ of habeas
corpus or applications for bail in the Province or City where the RTC judges are
absent.

In addition, the following cases should also be filed with the MTC:
Cases involving BP 22
Offenses involving damage to property through criminal negligence (BP 129 as amended by
RA 7691)
The RTC shall exercise original jurisdiction over criminal cases not within the exclusive
jurisdiction of any court, tribunal or body. This is because the RTC is a court of general
jurisdiction.

 SPECIAL COURTS

1. THE SHARI’A COURTS – equivalent to the Regional Trial Courts in rank are the
Shari’a District courts which were established in certain specified provinces in
Mindanao where the code of Muslim Personal Laws of the Philippines is being
enforced.

 Shari’a District Court is of limited jurisdiction. It was created under Presidential

Decree No 1083. Cases falling within the exclusive jurisdiction of the Shari’a
District Courts primarily pertain to family rights and duties as well as contractual
relations of Filipino Muslims in the Mindanao.
  It has appellate jurisdiction over all cases tried in the Shari’a Circuit Courts within
their territorial jurisdictions.

 The decision of the SDC, whether on appeal from the SCC or not, is final.

 The Shari’a Circuit Court – equivalent to the Municipal Circuit Trial Courts which
were established in certain municipalities in Mindanao where the Code of Muslim
Personal Laws of the Philippines is being enforced. It has original jurisdiction
over;

 All cases involving offenses defined and punished under PD 1083;

 All civil actions and proceeding between parties who are Muslims or have been
married in accordance with Article 13 of PD 1083
 All cases involving disputes relative to communal properties.
2. COURT OF TAX APPEALS (CTA) – it has the same level with the Court of Appeals
– can try criminal cases esp. in violation of tax laws
- The Court of Tax Appeals – it was created under RA 1125. It is a special court with
limited jurisdiction. It has same level with Court of Appeals. RA 9282 expanded the
jurisdiction of the CTA, elevating its rank to the level of a collegiate court with
special jurisdiction and enlarging its membership.

3. SANDIGANBAYAN – It is special court that has jurisdiction over criminal and civil
cases involving graft and corrupt practices of public officers.
- The Sandiganbayan – It is a special court which was established under the PD No
1606. Its rank is equivalent to the Court of Appeals.
CRIMINAL JURISDICTION DEFINED,
- the authority to hear and try a particular offense and impose the punishment for it.
Criminal jurisdiction is essential because without this the court cannot hear, try and
decide on a particular case.
Requisites for Valid Exercise of Criminal Jurisdiction
A. Jurisdiction over the subject matter – the offense by virtue of the imposable penalty or
its nature, is one which the court is by law authorized to take cognizance of.
B. Jurisdiction over the territory – the offense must have been committed or any of its
essential ingredients must have taken place within the territorial jurisdiction of the
court. It cannot be waived and where the place of the commission was not specially
charged, the place may be shown by evidence.
C. Jurisdiction over the person of the accused – the person charged with the offense must
have been brought for trial, forcibly by warrant of arrest or upon his voluntary
submission to the court.
• JURISDICTION is the power and authority of the court to hear, try, and decide a
case.
• VENUE refers to a place or the geographical area, where the action is to be filed and
tried.
• TRIAL – refers to the presentation of the prosecution and the defendant of their
respective case and arguments before the court.
The following are the defenses the accused might put up:
a) The defense of alibi – is simply a CLAIM by the defendant that he or she WAS IN
ANOTHER PLACE when the crime occurred and therefore could not have committed
it. This is supported by witnesses and documentary evidence.
b) The defense of insanity – is a claim that the defendant should be exonerated from
criminal responsibility because he or she was/is suffering from a mental condition or
mental incapacitation.
c) The defense of instigation – if the defendant can establish that he or she would not
have committed the crime were it not for the encouragement or compulsion of law
enforcement agents, he /she is not criminally liable.
d) The defense of duress – this is based on the claim that the act was the result, not of
any intent on the part of the accused, but of threats of loss of life, limb, or a loved one.
Duress as a valid defense should be based on real, imminent, or reasonable fear for
one’s life or limb and should not be speculative, fanciful or remote fear.
e) The defense of consent – that the victim consented to the act for which the accused
stands charge. This defense is common in rape and acts of lasciviousness.
f) The defense of violation of the provisions of the BILL of RIGHTS. This defense is
invoked if the state or its agents violated the right of the defendant in obtaining
evidence to prove the latter’s guilt. Such evidence is inadmissible in a criminal
proceeding.
 TWOFOLD ROLE OF THE COURT
• PARTICIPANT the court must decide the culpability or innocence of the accused
after a careful examination of the records or the case after its trial on the merit
• SUPERIOR it has a mission as a protector of human rights

SUBPOENA
• It is an order to appear and testify at the hearing or trial of an action, or at any
investigation conducted by competent authority.
• Subpoena ad testificandum - the person who will appear to attend and testify or the
subpoenaed
• Subpoena duces tecum – a person is required to bring with him books, documents or
other things
SUMMON
• It is a writ of the court by which the defendant is notified of the action brought against
him.
• It is an order to answer a complaint
BAIL AND RECOGNIZANCE
• BAIL is the security given for the release of a person in custody of law, furnished by
him or a bondsman, conditioned upon his appearance.
FORMS OF BAILS
- Corporate surety
- Property bonds
- Cash deposit
- Recognizance

RECOGNIZANCE refers to an obligation of record, entered into before some court or officer
with a condition to do some particular acts.
• PREVENTIVE DETENTION is an imprisonment that allows judges to hold the accused
inside the jail who could not afford bail.
JUDGMENT AND APPEAL
• JUDGMENT is the adjudication by the court that the accused is guilty of the offense
charged and the imposition of the proper penalty and civil liability provided for by the
law on the accused.
• APPEAL is a remedy available to an accused to obtain reversal or modification of
judgment for lack of jurisdiction over the subject matter or grave abuse of discretion in
the findings of facts or of law set out in the decision.
WHAT WAS COURT SYSTEM BEFORE ENACTMENT OF BP 129?
• Indiscriminate filing of cases are very common during those time that clogs court dockets
and makes court inefficient.
• During this time the then President Marcos introduces P.D.1508 or the Katarungang
Pambarangay Law

CHIEF JUSTICE FRED RUIZ CASTRO

- Advocated the creation of “neighborhood paralegal committee” reminiscent of the Pre-
Spanish time that all kinds of disputes were heard before the old men of the district.
• He is considered as the “Father of the Barangay Justice Law”
• P.D. 1293 January 27, 1978
• It was promulgated creating the Presidential Katarungang Pambarangay Commission
which was charged with the task of studying the feasibility of instituting a system of
resolving disputes among family and barangay members without resort to the courts.
• Pangkat Tagapagkasundo – arbitration panel with three (3) members plus an alternate.
Members elect from among themselves the Chairman and Secretary. The BC will act
as the presiding officer during settling of disputes.
• Lupong Tagapamayapa – Its primary role is to amicably settle certain classes of
disputes without judicial intervention like areglo.

Local Government Code of 1991

• RA 7160, otherwise known as Local Government Code of 1991, mandates barangays
to enforce peace and order and provides support for the effective enforcement of
human rights and justice. This has facilitated the recognition of the Katarungang
Pambarangay as an alternative venue for the resolution of disputes.
• LUPONG TAGAPAMAYAPA (Committee for Peace) – referred to as the Lupon.
LUPON refers to a group or pool of village residents picked and appointed by the
Barangay Captain.
COMPOSITIONS
a) The Punong Barangay as Chairman; and
b) Ten (10) to twenty (20) members.
c) Three Principal Duties of a Lupon Chairman
d) To determine the number and qualifications of Lupon members and to appoint them.
e) to settle disputes or cases among the members of the barangay by conciliation or
arbitration
f) To constitute the Pangkat ng Tagapagkasundo to adjudicate a dispute in proper cases.

 PANGKAT NG TAGAPAGKASUNDO refers to the panel of conciliators

consisting of three members of the Lupon.
 • The three Lupon members who are to be constituted as Pangkat are going to be
chosen by the contending parties to the dispute (Section 404 9a, RA 7160)

OBJECTIVES OF KATARUNGANG PAMBARANGAY

 To speed up the administration of justice
 To implement the Constitutional mandate and develop Filipino culture
 To perpetuate the time-honored tradition of settling disputes amicably for the
maintenance of peace and harmony
 To decongest dockets of minor criminal and civil cases.

JURISDICTION OF KATARUNGANG PAMBARANGAY

 Where one party is the government or any subdivision or instrumentality thereof
 Where one party is a public officer or employee and the dispute relates to the
performance of his official functions.
 Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five
Thousand pesos (5,000)
 Offenses where there is no private offended party
 Where the disputes involve real properties located in different cities or municipalities
unless the parties thereto agree to submit their differences to amicable settlement by
an appropriate lupon.
 Disputes involving parties who actually reside in barangays of different cities or
municipalities, except where such barangay units adjoin each other, and the parties
agree to submit their differences to amicable settlement by an appropriate lupon.
 Such other classes of disputes which the President may determine in the interest of
justice or upon the recommendation of the Secretary of Justice.