CHAPTER 3

THE
PROSECUTION
COMPONENT
Lesson 1: Concepts and Philosophy of Prosecution
 
Lesson Outcomes:
At the end of this lesson, you should be able to:
1. Understand the concept of the prosecution and
2. Know the relevance of the prosecution in the justice system.

INTRODUCTION

Prosecution belongs to what branch of the

government?

This second (2nd) pillar, is primarily concerned with the investigation of the complaint filed before its office.
Prosecution is the process wherein the accusation is brought before the court of justice to determine the guilt or
innocence of the accused. Then the prosecutor is the person who is a quasi-judicial officer which is responsible of the
full discretion and control over a criminal case in the administration of justice and represent the government or the
people of the Philippines in a criminal proceeding in the court of law
 
There are three (3) kinds of prosecution system which includes: The adversarial system, also known as accusatorial
system, wherein the victim or his/her representative has the primordial responsibility of finding and presenting
evidence to the court. Then the judge listens to the accusation and thereafter determines the punishment applicable
to the accused. The concept of this system is that the accused is presumed innocent until proven guilty. This system is
adopted by several countries having common laws. Another kind is the inquisitorial system wherein the judge is
responsible in searching for facts, listens to the witnesses, and investigates to prove the guilt or the innocence of the
accused. The concept of this system is that the accused is presumed guilty until proven the contrary. This system is
adopted in continental countries. The last kind of prosecution system is the mixed system wherein it adopts both
adversarial or accusatorial and inquisitorial prosecution system. The concept of this system, where the victim or
his/her representative provides for the facts to prove the guilt of the accused, but then the accused enjoys the
presumption of innocence and provides facts to prove that the accused is innocent. The judge will then determine, as
to the evidence presented before him if the accused is guilty beyond reasonable doubt or acquittal.
In the Philippines, the prosecution system was patterned after different countries that have legal systems
ahead of the Philippines. The agency that is responsible for the prosecution is the Department of Justice. It is
the government’s principal law agency. It serves as the government’s prosecution arm and administers the
government’s criminal justice system by investigating the crimes, prosecuting offenders, and overseeing the
correctional system. It is also the government’s legal counsel and representative in litigations and proceedings
requiring the services of a lawyer; implements the Philippines’ laws on the admission and stay of aliens within
its territory; and provides free legal services to indigent and other qualified citizens.
 
Activity 1.
Create a diagram showing the three (3) prosecution systems.

ACTIVITY 2.
Explain the relationship of the prosecution system to the criminal justice system
Lesson 2. Role and Functions of City and Provincial Prosecutors and Private Prosecutors
 
At the end of this lesson, you should be able to determine the functions of the city and provincial prosecutors.

INTRODUCTION
Who can file for criminal
action?

The purpose of criminal action, in its purest sense, is to determine the penal liability of the accused for having outraged
the state with his crime and, if found guilty, to punish him for it. In this sense, the parties of the action are the People
of the Philippines and the accused. The private offended party is regarded merely as a witness for the state. (Heirs of
Sarah Marie Palma Burgos v. Court of Appeals, 612 SCRA 1, 7-8)
 
In criminal cases where the offended party is the state, the interest of the private complaint or the private offended
party is limited to civil liability, thus, in the prosecution of the offense, the complainant’s role is limited to that of a
witness for the prosecution. (People v. Santiago, 174 SCRA 143, 152; Bautista v Cuneta-Pangilinan, 684 SCRA 521, GR
No. 189754, October 24, 2012)
 How is criminal action
instituted?

Section 1. Rule 1 10, Rules of Court, provides for the institution of criminal action.
 
Section 1. Institution of Criminal Actions. — Criminal actions shall be instituted as follows:
 
a) For offenses where preliminary investigation is required pursuant to Section 1 of Rule 112,
by filing the complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation.
 
b) For all other offenses, by filing the complaint and information directly with the Municipal
Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the
prosecutor. In Manila and other chartered cities, the complaint shall be filed with the
office of the prosecutor unless otherwise provided in their charters.
Concepts: Role of City and Provincial Prosecutors
Preliminary Investigation is merely an inquiry or proceeding to determine whether there is 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.
(Edgardo v. Quesada v. DOJ, G.R. No. 150325, August 31, 2006)
 
The above jurisprudence supports the definition of preliminary investigation on its “probably guilty,” in which the inquiry is
concerned merely with probability and not on absolute or moral certainty. A preliminary investigation does not inquire a
full and exhaustive presentation of the parties’ evidence. A finding of probable cause needs only to rest on evidence
showing that more likely than not, a crime has been committed and was committed by petitioner and his co-accused.
 
The term “probable cause” neither means actual and positive cause nor import absolute certainty. It is merely based on
opinion and reasonable belief. Thus, a finding of probable cause does not require an inquiry into whether there is
sufficient evidence to procure a conviction. It is enough that it is believed that the act or omission complained of
constitutes the offense charged. Precisely, there is trial for the reception of evidence of the prosecution in support of the
charge. (NBI-Microsoft Corporation v. Judy K. Chua Hwang, et al., G.R. no. 147043, June 21, 2005)
 
Officers Authorized to Conduct Preliminary Investigation
Persons authorized to conduct preliminary investigation are the following:

1. Provincial or City Prosecutors and their assistants;

2. National and Regional State Prosecutors; and
3. Other officers as may be authorized by law (e.g., COMELEC, Ombudsman).
 
Right to a Preliminary Investigation; not a Constitutional Right
The 1987 Philippine Constitution does not provide for preliminary investigation. The right thereto is of a statutory
character and may be invoked only when specifically created by statute (Marinas v. Siochi, 104 SCRA 423, 438-439).
Since it is established by statute, it becomes a component of due process in criminal justice (Duterte v. Sandiganbayan,
289 SCRA 721, 737-738; Ong v Sandiganbayan, 470 SCRA 7, 20).
 
Preliminary Investigation is a substantive right. To deny the claim of the accused to preliminary investigation would be to
deprive him the full measure of his right to due process. (Duterte v. Sandiganbayan, 289 SCRA 721)
 Can Preliminary
Investigation be waived?

The right to a preliminary investigation may be waived for failure to invoke the right prior to or at the time of the
plea. (People v. Gomez, 117 SCRA 73, 78; Go v. Court of Appeals, 206 SCRA 138, 153)

Republic Act No. 10071, also known as “Prosecution Service Act of 2010, “ strengthens and rationalizes the
National Prosecution Service. This law created the National Prosecution Service to be composed of the
prosecution staff in the Office of the Secretary ofJustice and such number of Regional Prosecution offices, offices
of the provincial prosecutor and office of the prosecutor as are hereinafter provided, which shall be primarily
responsible for the preliminary investigation and prosecution of all cases involving violations of penal laws under
the supervision of the Secretary of Justice, subject to the provisions of Sections 4, 5, and 7.
Section 9. Powers and Functions of the Provincial Prosecutor or City Prosecutor. — The
provincial prosecutor shall:

(a) Be the law officer of the province or city, as the case may be;

(b) Investigate and/or cause to be investigated all charges of crimes, misdemeanors and violations of penal
laws and ordinances within their respective jurisdictions, and have the necessary information or
complaint prepared or made and filed against the persons accused. In the conduct of such investigations
he or any of his/her assistants shall receive the statements under oath or take oral evidence of witnesses,
and for this purpose may by subpoena or summon witnesses to appear and testify under oath before
him/ her, and the attendance or evidence of an absent or recalcitrant witness may be enforced by
application to any trial court; 

(c) Have charge of the prosecution of all crimes, misdemeanors and violations of city or municipal
ordinances in the courts at the province or city and therein discharge all the duties incident to the
institution of criminal actions, subject to the provisions of second paragraph of Section 5 here of.
 Prosecution of the Criminal Action

Who must prosecute the

criminal action?

Section 5, Rule 770 of Criminal Procedure

Section 5. Who must prosecute criminal action. All criminal actions either commenced by complaint or information shall
be prosecuted under the direction and control of a public prosecutor. In case of heavy work schedule of the public
prosecutor or in the event of lack of public prosecutors, the private prosecutor may be authorized in writing by the Chief
of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the court.
Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the
end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn. (A.M.
No. 02-2-07-SC, effective May 1, 2002)
The public officer may turn over the actual prosecution of the criminal case to the private prosecutor but he may, at any
time, take over the actual conduct of the trial. If the public prosecutor wants to ask additional questions after the private
prosecutor was done with his questions, the trial judge need not consult the private prosecutor before granting leave to
the public prosecutor. (People u Tan, 549, SCRA 489, 498-499)
 When can a private prosecutor
prosecute a case even in the
absence of a public
prosecutor?

1. Private prosecutor may prosecute the criminal action up to the end of the trial, even in the absence of the public
prosecutor, if he is authorized to do so in writing. This written authorization shall be given by either the Chief of
the Prosecution Office or the Regional State Prosecutor. The written authorization in order to be given effect
must, however, be approved by the court. (Sec. 5, Rule 110, Rules of Court; A.M. No. 02-2-07-SC, effective May 1,
2002)
2. The private prosecutor cannot, for just any reason, be authorized to prosecute the criminal case.The written
authorization to the private prosecutor shall be given because of either of the following reasons:
a. The public prosecutor has a heavy work schedule, or b) there is a lack of public prosecutors. (Sec. 5, Rule 110,
Rules of Court; A.M. No. 02-2-07-sc, effective May 1, 2002)
 
3. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to
the end of the trial even in the absence of a public prosecutor, unless the authority is revoked or otherwise withdrawn.
(Sec. 5, Rule 110, Rules of Court; A.M. No. 02-2-07-SC, effective May 1, 2002)
 
Activity 1. Describe
Based on your understanding, describe the role of city, provincial prosecutors, and private prosecutors in the
Criminal Justice process.

Activity 2. When oh when?

When shall the prosecutors enter the Criminal Justice process?
Lesson 3, Appellate Jurisdiction of Regional State
Prosecutor, State Prosecutor and the Department of
Justice
 
Lesson Outcomes:
At the end of this lesson, you shall be able to:
1. Explain the process of appeal in prosecution and
2. Differentiate the appellate jurisdictions of prosecutors.

INTRODUCTION

Who shall administer the

preliminary investigation?
The public prosecutor shall conduct preliminary investigation to determine probable cause to file information to the court.
The accused may move to quash the complaint or information as provided in Section 3, Rule 113 on the Rules of Court, on
any of the following grounds:
 
(a) That the facts charged do not constitute an offense;
(b) That the court trying the case has no jurisdiction over the offense charged;
(c) That the court trying the case has no jurisdiction over the person of the accused;
(d) That the officer who filed the information has no authority to do so;
(e) That it does not conform substantially to the prescribed form;
(f) That more than one offense is charged except when a single punishment for various offenses is prescribed by law;
(g) That the criminal action or liability has been extinguished;
(h) That it contains averments which, if true, would constitute a legal excuse or justification; and
(i) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was
dismissed or otherwise terminated without his expressed consent.
When can motion to
quash be filed?

At any time before entering his plea, the accused may move to quash the complaint or
information. (Section 1, Rule 117, Rules of Court)
Plea — is the formal answer of the defendant in common law pleading.
 
The answer of “guilty” or “not guilty” in an arraignment for a criminal charge. Any pleading in an
ecclesiastical count, whether the first one or Subsequent one. Any action at law. (Philippine Legal
Encyclopedia by Jose Agaton R. Sibal, p. 730)
CONCEPT
Appeal from the Resolution of the City/Provincial/State Prosecutor

The prosecution is under the direct supervision and control of the Department of Justice. Section 4, paragraph 5, Rule
112 of the Revised Rules on Criminal Procedure provides for the power of review of the Secretary Of Justice to reverse
or modify the resolution of the provincial, city or chief state prosecutor. The rule states that:
“If upon petition by a proper party under such rules as the Department of Justice may prescribe or motu propio, the
Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor,
and he shall direct the prosecutor concerned either to file the corresponding information without conducting anther
preliminary investigation, or to dismiss or move for dismissal of the complaint or information with notice to the
parties. The same rule shall apply in Preliminary investigations conducted by the officers of the Office of the
Ombudsman.”
A party may appeal the resolution of the public prosecutor to the secretary of Justice since the latter has the power to
review, reverse, revise, modify, or affirm an appeal or petition for review as the law or the rules of the Department of
Justice (DOJ) may provide, final judgements and orders of the prosecutor general, regional prosecutors, provincial
prosecutors, and city prosecutors. (Section 4, RA 10071)
ACTIVITY 1. DRAW IT!
INSTRUCTION: Draw the appellate process. Place it in the box provided.

Activity 2. Differences and Similarities

State the differences and similarities of a public prosecutor and a private prosecution Provide at least
five of each.