PROSECUTION

PILLAR
Prosecution
◦The second pillar in the CJS. It has the
burden of proving the guilt of the
accused in a formal proceeding .
Prosecution
◦it is the process or method whereby accusations
are brought before the court of justice to
determine the guilt or innocence of the
accused.
Prosecutor
◦ They serve as lawyer of the government in criminal
cases and automatically considered an officer of the
court at the same time a member of the department of
Justice which is under the executive branch of the
government, thus, independent from the judiciary
Adversarial
A system of prosecution otherwise
known as accusatorial which is being
adopted by most countries who have
common laws. Where by the victim or his
representative have the primary
responsibility for finding and presenting
evidence to the court.
Inquisitorial
Used in some continental countries
wherein a judge searches the facts ,
listens to witnesses be taken and
investigate to proved the guilt or
innocence of the accused.
Mixed system
Adopts both inquisitorial and
accusatorial. The victim or his
representatives provides facts , evidence
ad testimony of witnesses to prove the guilt
of the accused. The judge will investigate
and determine the guilt of the accused
beyond reasonable doubt and its moral
certainty
Preliminary Investigation
◦Is an inquiry or proceeding for the purpose
of determining whether there is a sufficient
ground to endanger well founded belief
that a crime cognizable by the Regional
Trial Court has been committed and that
the respondent probably guilty thereof.
The main purpose of preliminary
investigation are the following:
◦1. to protect the innocent against hasty,
oppressive and malicious prosecution
◦2. to secure the innocent from open and public
accusation of trial , from trouble expense and
anxiety of a public trial
◦3. to protect the state from useless and
expensive trials
Procedures in the preliminary
investigation
◦ 1. filing of the sworn complaint-affidavit together with
supporting documents
◦ 2. No ground to continue with the inquiry dismissal of the
complaint ; with ground to continue with the inquiry
sub-poena respondents.
◦ 3.Submission by the respondent (s) of the sworn counter-
affidavit within ten (10) days from receipt of the
subpoena
Procedures in the preliminary
investigation
◦ 4. Investigating officer may set a hearing to propound
clarificatory questions
◦ 5. Thereafter, the investigating officer issues the
resolution (recommendatory) within ten (10)days to the
city/provincial prosecutor/ chief state prosecutor.
◦ 6. City/provincial prosecutor/ chief state prosecution
acts on the recommendation within 5 days
Officer authorized to conduct
Preliminary Investigation
◦1. Judges of the Municipal Trial Courts
◦2. Judges of the Municipal Circuit Trial Court
◦3. National and Regional State Prosecutors
◦4. Provincial and city Prosecutors
◦5. Such other officer that may be authorized by
law
Prima Facie evidence
◦ Preliminary investigation shall be conducted before a
case has to be filed in court. Thus, under the preliminary
investigation Prima facie evidence must established.

◦ Prima Facie evidence – it denotes evidences which, if

unexplained or uncontracted is sufficient to sustain the
proposition. It supports or establish the facts as to
counterbalance the presumption of innocence to
warrant a conviction
Complaint/information
◦ The complain or information must be brought against all persons
who appear be responsible to the offense involved.

Complaint - it is a sworn written statement charging a person with

an offense, subscribed by the offended party, any peace officer
or public officer charged with the enforcement of the law violated

Information - an accusation in writing charging a person with an

offense subscribed by the fiscal and filed with the court.
Parties to a criminal action
◦Plaintiff – a person who brings an action in
a court of law.
under the criminal action must be
brought in the name of People of the
Philippines , The plaintiff in such action are
the people.
Sufficiency of Complaint or
Information
◦A complaint or information is sufficient if it state
the name of the accused; designation of the
offense ; the acts or omission complained of as
constituting the offense; the name of the
offended party. The approximate time of the
commission of the offense and the place
wherein the offense was committed.
Appeal against Prosecutor’s Findings

◦Even though the prosecutor has filed

charges in court, a petition to review of the
prosecutor’s findings can still be made.
◦The appeal shall be made within 15 days
from receipt of the resolution. Only one
motion for reconsideration is allowed.
Probable Cause: Object of Preliminary Investigation

◦Probable Cause – is the existence of such facts

circumstances as would exile the beliefs, in a
reasonable mind, acting on the facts within the
knowledge of the prosecutor , that a person
charge was of the crime he was prosecuted.
Probable Cause as ground for
issuance of warrant of arrest
◦Probable cause is such facts and
circumstances that would lead a
reasonably discreet and prudent man to
believe that the person sought to be
arrested has committed an offense.
Probable Cause as a protection
against false prosecution and arrest
◦Probable Cause the knowledge of facts , actual
or apparent, strong enough to justify a
reasonable man in the belief that he lawful
grounds for arresting the accused.
The prosecution process
◦ For crimes committed over the 6 years of imprisonment
or below
- complaint may be filed directly to the court that
has jurisdiction over it such as municipal trial courts and
municipal circuit trial courts or the prosecutors office.
However, for Metropolitan cities and chartered cities the
complaint may be filed only with the office of the
prosecutor
The prosecution process
◦For the offense falling under the jurisdiction of the
Regional Trial Court, such as rape, murder,
homicide, or has a penalty of above 6 years
the filling of complaint must be in the
prosecutor’s office for the purpose of conducting
a preliminary investigation.
Inquest
Is an informal and summary
investigation conducted by a public
prosecutor in criminal cases involving
persons arrested
Inquest Procedure:
◦It is an inquiry made by the duty prosecutor
to determine the legality of the arrest
made especially those arrests made
without warrant.
Inquest procedure
◦ 1. upon receipt by the inquest officer or the inquest prosecutor
from the law enforcement authorities the complaint/referral
documents which includes the following:
◦ A. affidavit of arrest
◦ B. investigation report
◦ C. statements of the complaints and witnesses
◦ D. Other supporting evidence gathered by the police in the
course of the latter’s investigation of the incident involving the
arrested or detained person
◦ 2. The inquest prosecutor shall determine whether the
matter is a proper inquest case. Determining whether
the arrest made is legal in accordance with Section 5,
rule 113 of 1985 Rules of Court .
◦ 3. if the inquest prosecutor finds that the arrest made by the
police without the warrant is not proper, the inquest prosecutor
shall execute the following:
◦ A. recommend the release of the detained or arrested person
◦ B. note down the disposition on the referral document
◦ C. prepare brief memorandum indicating results of the action
taken.
◦ D. forward the same together with the records of the case to the
city or provincial prosecutor for appropriate action.
◦4. if the Inquest Prosecutor finds that the
arrest made by the police without the
warrant is proper then the Inquest
prosecutor shall start the preliminary
investigation.
◦ But since the preliminary investigation will last for 15 days upon
its inception. Therefore, the prosecutor must be able to comply
the following:
◦ A. waiver of the respondent, waiving the provisions of Art.
125 RPC with the assistance of the counsel and the arrested
person
◦ The inquest prosecutor will then forward the case to the City
or Provincial Prosecutor fro preliminary investigation
◦5. if the arrested person will not execute
waiver, waiving the provisions of Art. 125 of
RPC the prosecutor shall proceed with the
inquest by examining supporting evidences
presented.
◦6. if the Inquest Fiscal finds that there is a
probable cause he shall recommend the
filling of the corresponding complaint or
information in court
◦7. the arrested person may apply for
bail even if the preliminary
investigation is not yet terminated at
the court,
◦8. after the inquest prosecutor has
conducted the preliminary investigation he
will forward the records of the case with the
complaint or information to the city of
provincial prosecutor for appropriate
action.
◦9. the information should contain a
certification by the filing prosecutor that
the is filing the case with the approval of
the city provincial prosecutor
◦11. The inquest proceedings will terminate
within the period prescribed by law on the
following hours:
◦A. 12 hours for light offenses
◦B. 18 hours for less grave offenses
◦C. 36 hours for grave offenses