CLJ 1

PROSECUTION
The 2nd pillar of Criminal Justice System (CJS)

Instructor: Ellen Jane T. Gatdula, RCrim

What is prosecution as a
pillar of CJS?
criminal action

a proceeding instituted and carried on by

due course of law, before a competent
tribunal
a process by which formal charges are
brought against an accused person
How is prosecution of criminal cases
initiated in the Philippines?
Offenses filed to:

requires preliminary Office of the Public

investigation Prosecutor
doesn't require Metro Manila or
preliminary Chartered cities
investigation provinces (filed
directly to
Municipal Trial
Courts or Municipal
Circuit Trial Courts)
How is prosecution of criminal cases
initiated in the Philippines?
Offenses filed by:

private crimes private offended party

(adultery, should give consent or
concubinage, acts of initiates the filing of
lasciviousness, the complaint against
abduction and the offender or the
seduction) enumerated under the
rules
How is prosecution of criminal cases
initiated in the Philippines?
Penalty filed to:

less than 1 year Katarungang

imprisonment Pambayan (Barangay
regardless of fine Justice System) to
undergo conciliation
proceedings.
Who is being represented by the prosecutor
in the prosecution of the case?
People of the Philippines

Offended party in criminal prosecution is

merely a witness; mere collateral, for the crime
that was committed by the accused that is not
against the offended party but against the
People of the Philippines.
PROSECUTOR’S
ROLE
Prosecutor’s Role
The following are some of the role of the prosecutors:

to conduct preliminary investigation;

to make proper recommendation during the
inquest proceedings of the case referred to them
by the police after the investigation of the suspect;
to represent the govt. or state during the
prosecution of the case against the accused;
Prosecutor’s Role
The following are some of the role of the prosecutors:

to act as a legal officer of the province or city in

the absence of its legal officer;
to investigate administrative cases filed against
State Prosecutors, Provincial Prosecutors,
including the support staff of the National
Prosecution Service (NPS).
PRELIMINARY
INVESTIGATION
Preliminary Investigation

It is an inquiry or proceeding to determine whether

there is sufficient ground to engender a well-
founded belief that a crime has been committed and
the respondent is probably guilty thereof and
should be held for trial.
Three-fold purpose of preliminary Investigation
Inquire concerning the commission of crime and the
connection of the accused with it, in order that he may
be informed of the nature and character of the crime
charged against him, and there is probable cause for
believing him guilty that the state may take the
necessary steps to bring him to trial

preserve the evidence and keep the witness within the

control of the state

determine the amount of bail, if the offense is bailable

Complaint vs Information
A complaint is 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 the law violated.

An information is an accusation in writing charging a

person with an offense, subscribed by the prosecutor
and filed with the court.
When can there be preliminary investigation?

It should be conducted before filling of complaint or

information for an offense with at least four (4)
years, two (2) months and one (1) day regardless of
the fine.

matter of right
In what instance preliminary investigation is
not required even the offense requires the
investigation?
The offender is arrested without a warrant.

Instead, inquest proceeding will be conducted by

the investigator. There is no need to conduct
preliminary investigation, unless the arrested asks
for one (he must sign a waiver under the provision of
Art 125).
Can preliminary investigation be waived?
YES. since it is a statutory and personal right, not a
constitutional right, it can be waived either
expressly or by implication.

when?
Failed to invoke his right to preliminary
investigation before or at the time of plea at the
arraignment
Denial of preliminary investigation shall be
considered a violation of due process.
PERSON AUTHORIZED TO CONDUCT
PRELIMINARY INVESTIGATIONS
The ff. are officers authorized to conduct
preliminary investigations:
Provincial or City Prosecutors and their
assistants;
Judges of the Municipal Trial Courts and
Municipal Circuit Trial Courts;
National and Regional State Prosecutors; and
Other officers as may be authorized by law.
Other officers authorized to conduct
preliminary investigations:
The Ombudsman and special prosecutor and
public prosecutors duly authorized by the
Ombudsman with respect to cases under its
jurisdiction (Anti-graft and Corrupt Practices Act.
bribery, among others);
The COMELEC with respect to cases in violation
of the Election Law; and
Private lawyers when duly deputized by any of
the above.
Prosecutor’s Discretion
Does prosecutor have a greater discretion
than a police?

Prosecutor has a greater discretion than police. The

prosecutor may refuse to file formal charges against
those arrested, hence minimizing or influencing the
arrest power of decision making of police.
Is it possible to interfere or control the
prosecutorial discretion?

NO. As a general rule, and in the line of cases, even

the Supreme Court is reluctant to interfere. This is in
deference to Doctrine of Separation of Powers.
BAIL
Bail

Bail is the security given for the release of a person

in custody of the law, furnished by him or a
bondsman, to guarantee his appearance before any
court as required under the conditions hereinafter
specified
 Different Kinds of Bail

property
recognizance
bond

cash corporate
deposit surety
Purpose of Bail

The purpose of bail is to secure the appearance of

the accused before the curt when so required. And
provide the accused of his temporary liberty while
awaiting the processing and the disposition of the
case filed against him.
Bail can be a matter of right
or discretionary
Bail as a matter of right

before or after conviction by the Metropolitan

Trial Court, Municipal Trial Court, Municipal Trial
Court in Cities, or Municipal Circuit Trial Court,
and
before conviction by the Regional Trial Court of
an offense not punishable by death, reclusion
perpetua, or life imprisonment.
Bail is dicretionary

Upon conviction by the Regional Trial Court of an

offense charged punishable by death, reclusion
perpetua, or life imprisonment that is, bail will be
denied if the evidence of guilt is strong.