MODULE 3

THE PROSECUTION COMPONENT

Pre- module questions:

1. What is the relevance of the prosecution in criminal justice process?

Concepts and Philosophy of Prosecution

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.

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Role and Functions of City and Provincial Prosecutors and Private Prosecutors
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)

Section 1, Rule 110, Rules of Court, provides for the institution of criminal actions.

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 purposes 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

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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)

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 of Justice 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

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 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 hereof.

Prosecution of the Criminal Action

Section 5, rule 110 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-SCRA 489, 498-499)

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)

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Appellate Jurisdiction of Regional State Prosecutor, State Prosecutor, and the
Department of Justice

Introduction

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.

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)

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The Ombudsman

Historical Development of Ombudsman

The 1987 Philippine Constitution has created the Office of the Ombudsman
under Article XI, Section 5. “There is hereby created the independent Office of the
Ombudsman, composed of the Ombudsman to be known as Tanodbayan, one overall
Deputy, and at least one Deputy each for Luzon, Visayas, and Mindanao. A separate
Deputy for the military establishment may likewise be appointed.”

The OMBUDSMAN is a time-tested institution which evolved in the Scandinavian

countries. It was aimed at giving the common people a tribunal to which they can
readily ventilate their grievances against the government. King Charles XII of Sweden is
generally credited with initiating the office of the ombudsman. An official with the title
of Hogsta Ombudsman (Supreme Royal Ombudsman) was appointed in 1713. He was
assigned to “keep an eye on royal officials” and supervise observance of the laws.
Sometimes he was even commissioned to represent the king in some official functions.
Introduced in the Constitution of 1809, an Ombudsman was appointed by Swedish
Parliament, making the office independent from the King. Ombudsman comes from the
Norwegian word Umbodhsmadhr, meaning Administration Man or King’s
Representative. As a Swedish word, it literally means one who represents another.

The dictionary generally defines Ombudsman as a government official who

investigates complaints against the government or its functionaries. On the basis of his
functions, the Ombudsman has also been described as a public defender, a grievance
man, a watchman over the law’s watchmen, voice of the citizen, and citizen’s
counselor. Essentially, the Ombudsman protects citizens against injustices committed by
civil officials.

Note:

The Sandiganbayan is where the Ombudsman files the complaint against erring public officers
within the latter’s jurisdiction. In short, the Sandiganbayan is the court and the Ombudsman is
the officer, directed to investigate and file complaint, known as the Tanodbayan.

Article XI. 1987 Constitution

Section 13. The Office of the Ombudsman shall have the following powers,
functions, and duties:

(1) Investigate on its own, or on complaint by any person, any act or omission of
any public official, employee, office, or agency, when such act or omission
appears to be illegal, unjust, improper, or inefficient.

(2) Direct, upon complaint or at its own instance, any public official or employee
of the Government, or any subdivision, agency or instrumentality thereof, as

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 well as of any government-owned or controlled corporation with original
charter, to perform and expedite any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety in the performance of duties.

(3) Direct the officer concerned to take appropriate action against a public
official or employee at fault, and recommend his removal, suspension,
demotion, fine, censure, or prosecution, and ensure compliance therewith.

(4) Direct the officer concerned, in any appropriate case, and subject to such
limitations as may be provided by law, to furnish it with copies of documents
relating to contracts or transactions entered into by his office involving the
disbursement or use of public funds or properties, and report any irregularity
to the Commission on Audit for appropriate action.

(5) Request any government agency for assistance and information necessary in
the discharge of its responsibilities, and to examine, if necessary, pertinent
records and documents.

(6) Publicize matters covered by its investigation when circumstances so warrant

and with due prudence.

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and
corruption in the Government and make recommendations for their
elimination and the observance of high standards of ethics and efficiency.

(8) Promulgate its rules of procedure and exercise such other powers or perform
such functions or duties as may be provided by law.

Section 15. The right of the State to recover properties unlawfully acquired by
public officials or employees, from them or from their nominees or transferees, shall not
be barred by prescription, laches, or estoppel.

The State shall maintain honesty and integrity in the public service and take
positive and effective measures against graft and corruption. Public office is a public
trust. Public officers and employees must at all times be accountable to the people,
serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism
and justice and lead modest lives.

RA 6770, The ombudsman Act of 1989

Section 13. Mandate. – The Ombudsman and his Deputies, as protectors of the
people, shall act promptly on complaints filed in any form or manner against officers or
employees of the Government, or of any subdivision, agency or instrumentality thereof,

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including government-owned or controlled corporations, and enforce their
administrative, civil and criminal liability in every case where the evidence warrants in
order to promote efficient service by the Government to the people.

Section 14. Restrictions. – No writ of injunction shall be issued by any court to

delay an investigation being conducted by the Ombudsman under this Act, unless
there is a prima facie evidence that the subject matter of the investigation is outside
the jurisdiction of the Office of the Ombudsman.

No court shall hear any appeal or application for remedy against the decision or
findings of the Ombudsman, except the Supreme Court, on pure question of law.

Section 15. Powers, Functions, and Duties. – The Office of the Ombudsman shall
have the following powers, functions, and duties:

(1) Investigate and prosecute on its own or on complaint by any person, any act
or omission of any public officer or employee, office, or agency, when such
act or omission appears to be illegal, unjust, improper, or inefficient. It has
primary jurisdiction over cases cognizable by the Sandiganbayan and, in the
exercise of his primary jurisdiction, it may take over, at any stage, from any
investigatory agency of Government, the investigation of such cases;

(2) Direct, upon complaint or at its own instance, any officer or employee of the
Government, or of any subdivision, agency or instrumentality thereof, as well
as any government-owned or controlled corporations with original charter, to
perform and expedite any act or duty required by law, or to stop, prevent,
and correct any abuse or impropriety in the performance of duties;

(3) Direct the officer concerned to take appropriate action against a public
officer or employee at fault or who neglect to perform an act or discharge a
duty required by law, and recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure compliance therewith. Enforce its
disciplinary authority as provided in Section 21 of this Act provided that the
refusal by any officer without just cause to comply with an order of the
Ombudsman to remove, suspend, demote, fine, censure, or prosecute an
officer or employee who is at fault or who neglects to perform an act or
discharge a duty required by law shall be a ground for disciplinary action
against said officer;

(4) Direct the officer concerned, in any appropriate case, and subject to such
limitations as it may provide in its rules of procedure, to furnish it with copies of
documents relating to contracts or transactions entered into by his office
involving the disbursement or use of public funds or properties, and report any
irregularity to the Commission on Audit for appropriate action;

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 (5) Request any government agency for assistance and information necessary in
the discharge of its responsibilities, and to examine, if necessary, pertinent
records and documents;

(6) Publicize matters covered by its investigation of the matters mentioned in

paragraphs (1), (2), (3) and (4) hereof, when circumstances so warrant and
with due prudence: Provided, That the Ombudsman under its rules and
regulations may determine what cases may not be made public; Provided,
further, that any publicity issued by the Ombudsman shall be balanced, fair,
and true;

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and
corruption in the Government, and make recommendations for their
elimination and the observance of high standards of ethics and efficiency;

(8) Administer oaths, issue subpoena and subpoena duces tecum, and take
testimony in any investigation or inquiry, including the power to examine and
have access to bank accounts and records;

(9) Punish for contempt in accordance with the Rules of Court and under the
same procedure and with the same penalties provided therein;

(10) Delegate to the Deputies, or its investigators or representatives such

authority or duty as shall ensure the effective exercise or performance of the
powers, functions, and duties herein or hereinafter provided;

(11) Investigate and initiate the proper action for the recovery of ill-gotten
and/or unexplained wealth amassed after February 25, 1986 and the
prosecution of the parties involved therein.

The Ombudsman shall give priority to complaints filed against high ranking
government officials and/or those occupying supervisory positions, complaints involving
grave offenses as well as complaints involving large sum of money and/or properties.

PROCEDURE IN CRIMINAL CASES

Section 1. Grounds – A criminal complaint may be brought for an offense in

violation of R.A. 3019, as amended, R.A. 1379 as amended, R.A. 6713, Title VII, Chapter
II, Section 2 of the Revised Penal Code, and for such other offenses committed by
public officers and employees in relation to office.

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 Section 2. Evaluation – Upon evaluating the complaint, the investigating officer
shall recommend whether it may be:

a) Dismissed outright for want of palpable merit;

b) Referred to respondent for comment;

c) Indorsed to the proper government office or agency which has jurisdiction

over the case;

d) Forwarded to the appropriate office or official for fact-finding investigation;

e) Referred for administrative adjudication; or

f) Subjected to a preliminary investigation.

Section 3. Preliminary investigation; who may conduct. – Preliminary Investigation

may be conducted by any of the following:

1) Ombudsman Investigators;

2) Special Prosecuting Officers;

3) Deputized Prosecutors;

4) Investigating Officials authorized by law to conduct preliminary investigations;

or

5) Lawyers in the government service, so designated by the Ombudsman.

Section 4. Procedure – The preliminary investigation of cases falling under the

jurisdiction of the Sandiganbayan and Regional Trial Courts shall be conducted in the
manner prescribed in Section 3, Rule 112 of the Rules of Court, subject to the following
provisions:

a) If the complaint is not under oath or is based only on official reports, the
investigating officer shall require the complainant or supporting witnesses to
execute affidavits to substantiate the complaints.

b) After such affidavits have been secured, the investigating officer shall issue
an order, attaching thereto a copy of the affidavits and other supporting
documents, directing the respondents to submit, within ten (10) days from
receipt thereof, his counter-affidavits and controverting evidence with proof

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 of service thereof on the complainant. The complainant may file reply
affidavits within ten (10) days after service of the counter-affidavits.

c) If the respondent does not file a counter-affidavit, the investigating officer

may consider the comment filed by him, if any, as his answer to the
complaint. In any event, the respondent shall have access to the evidence
on record.

d) No motion to dismiss shall be allowed except for lack of jurisdiction. Neither

may motion for a bill of particulars be entertained. If respondents desires any
matter in the complainant’s affidavit to be clarified, the particularization
thereof may be done at the time of clarificatory questioning in the manner
provided in paragraph (f) of this section.

e) If the respondents cannot be served with the order mentioned in paragraph

6 hereof, or having been served, does not comply therewith, the complaint
shall be deemed submitted for resolution on the basis of the evidence on the
record.

f) If, after the filing of the requisite affidavits and their supporting evidences,
there are facts material to the case which the investigating officer may need
to be clarified on, he may conduct a clarificatory hearing during which the
parties shall be afforded the opportunity to be present but without the right to
examine or cross-examine the witness being questioned. Where the
appearance of the parties or witnesses is impracticable, the clarificatory
questioning may be conducted in writing, whereby the questions desired to
be asked by the investigating officer or a party shall be reduced into writing
and served on the witness concerned who shall be required to answer the
same in writing and under oath.

g) Upon the termination of the preliminary investigation, the investigating officer

shall forward the records of the case together with his resolution to the
designated authorities for their appropriate action thereon.

No information may be filed and no complaint may be dismissed without the

written authority or approval of the Ombudsman in cases falling within the jurisdiction of
the Sandiganbayan, or of the proper Deputy Ombudsman in all other cases.

Section 5. Cases falling under the jurisdiction of municipal trial courts. – Cases
falling under the jurisdiction of the Office of the Ombudsman which are cognizable by
municipal trial courts, including those subjects to the Rule on Summary Procedure may
only be filed in court by information approved by the Ombudsman or the proper
Deputy Ombudsman.

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 Section 6. Notice to parties. – The parties shall be served with a copy of the
resolution as finally approved by the Ombudsman or by the proper Deputy
Ombudsman.

Section 7. Motion for reconsideration. –

a) Only one motion for reconsideration or reinvestigation of an approved order

or resolution shall be allowed, the same to be filed within five (5) days from
notice thereof with the Office of the Ombudsman, or the proper Deputy
Ombudsman as the case may be, with corresponding leave of court in cases
where information has already been filed in court;

b) The filing of a motion for reconsideration/reinvestigation shall not bar the filing
of the corresponding information in Court on the basis of the finding of
probable cause in the resolution subject of the motion. (As amended by
Administrative Order No. 15, dated February 16, 2000.)

PROCEDURE IN ADMINISTRATIVE CASES

Section 1. Grounds for administrative complaint. – An administrative complaint

may be filed for acts or omissions which are:

a) Contrary to law or regulations;

b) Unreasonable, unfair, oppressive or discriminatory;

c) Inconsistent with the general course of an agency’s functions though in

accordance with law;

d) Based on a mistake of law or an arbitrary ascertainment of facts;

e) In the exercise of discretionary powers but for an improper purpose;

f) Otherwise, irregular, immoral, or devoid of justification;

g) Due to any delay or refusal to comply with the referral or directive of the
Ombudsman or any of his deputies against the officer or employee to whom
it was addressed; and

h) Such other grounds provided for under E.O. 292 and other applicable laws.

As amended by Administrative Order No. 17, dated September 7, 2003

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 Section 2. Public officers covered; exceptions. –All elective and appointive
officials of the government and its subdivisions, instrumentalities and agencies, including
Members of the Cabinet, local governments, government-owned or controlled
corporations and their subsidiaries are subject to the disciplinary authority of the Office
of the Ombudsman.

Excepted from the foregoing are Members of Congress, the Judiciary , and
officials removable only by impeachment; provided, however, that the Office of the
Ombudsman may investigate any serious misconduct in office allegedly committed by
officials removable only by impeachment for the purpose of filing a verified complaint
for impeachment, if warranted.

Section 3. How initiated. – An administrative case may be initiated by a written

complaint under oath accompanied by affidavits of witnesses and other evidence in
support of the charge. Such complaint shall be accompanied by a Certificate of Non-
Forum Shopping duly subscribed and sworn to by the complainant or his counsel. An
administrative proceeding may also be ordered by the Ombudsman or the respective
Deputy Ombudsman on his initiative or on the basis of a complaint originally filed as a
criminal action or a grievance complaint or request for assistance.

Section 4. Evaluation. – Upon receipt of the complaint, the same shall be

evaluated to determine whether the same may be:

a) Dismissed outright for any of the grounds stated under Section 20 of RA 6770,
provided, however, that the dismissal thereof is not mandatory and shall be
discretionary on the part of the Ombudsman or the Deputy Ombudsman
concerned;

b) Created as a grievance/request for assistance which may be referred to the

Public Assistance Bureau, this Office, for appropriate action under Section 2,
Rule IV of this Rules;

c) Referred to other disciplinary authorities under paragraph 2, Section 23, RA

6770 for the taking of appropriate administrative proceedings;

d) Referred to the appropriate office/agency or official for the conduct of

further fact-finding investigation; or

e) Docketed as an administrative case for the purpose of administrative

adjudication by the Office of the Ombudsman.

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 Section 5. Administrative adjudication; How conducted. –

a) If the complaint is docketed as an administrative case, the respondent shall

be furnished with a copy of the affidavits and other evidence submitted by
the complainant, and shall be ordered to file his counter-affidavits and other
evidence in support of his defense, within ten (10) days from receipt thereof,
together with proof of service of the same on the complainant who may file
his reply-affidavit within ten (10) days from receipt of the counter-affidavit of
the respondent;

b) If the hearing officer finds no sufficient cause to warrant further proceedings

on the basis of the affidavits and other evidence submitted by the parties,
the complaint may be dismissed. Otherwise, he shall issue an Order (or
Orders) for any of the following purposes:

1. To direct the parties to file, within ten (10) days from receipt of the
Order, their respective verified position papers. The position papers
shall contain only those charges, defenses and other claims contained
in the affidavits and pleadings filed by the parties. Any additional
relevant affidavits and/or documentary evidence may be attached
by the parties to their position papers. On the basis of the position
papers, affidavits and other pleadings filed, the Hearing Officer may
consider the case submitted for resolution.

2. If the Hearing Officer decides not to consider the case submitted for
resolution after the filing of the position papers, affidavits and
pleadings, to conduct a clarificatory hearing regarding facts material
to the case as appearing in the respective position papers, affidavits
and pleadings filed by the parties. At this stage, he may, at his
discretion and for the purpose of determining whether there is a need
for a formal trial or hearing, ask clarificatory questions to further elicit
facts or information;

In the conduct of clarificatory hearings, the parties shall be afforded

the opportunity to be present but without the right to examine or cross-
examine the party/witness being questioned. The parties may be
allowed to raise clarificatory questions and elicit answers form the
opposing party/witness, which shall be coursed through the Hearing
Officer who shall determine whether or not the proposed questions are
necessary and relevant. In such cases, the Hearing Officer shall ask the
question in such manner and phrasing as he may deem appropriate.

3. If the Hearing Officer finds no necessity for further proceedings on the

basis of the clarificatory hearings, affidavits, pleadings and position

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 papers filed by the parties, he shall issue an Order declaring the case
submitted for resolution. The Hearing Officer may also require the
parties to simultaneously submit, within ten (10) days from receipt of
the Order, their Reply Position Papers. The parties, if new affidavits
and/or exhibits are attached to the other party’s Position Paper, may
submit only rebutting evidence with their Reply Position Papers.

4. If the Hearing Officer finds the need to conduct a formal investigation

on the basis of the clarificatory hearings, pleadings, affidavits and the
position papers filed by the parties, an Order shall be issued for the
purpose. In the same Order, the parties shall be required to file within
ten (10) days from receipt of the Order their respective pre-trial briefs
which shall contain, among others, the nature of the charge(s) and
defenses, proposed stipulation of facts, a definition of the issues,
identification and

Post-module Questions

1. Based on your understanding, describe the role of city, provincial prosecutors,

and private prosecutors in the Criminal Justice process.
2. When shall the prosecutors enter the Criminal Justice process?

Reference:

Abalde F. I and Cano G. J. Introduction to Philippine Criminal justice System. Rex

Bookstore, Inc. Philippine. 2019.

Guerrero B. B. Philippine Criminal Justice System with Katarungan Pambarangay. KATHA

Publishing Co., Inc. Philippine. 2013.

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