CLJ 1: Introduction to adopts both adversarial or accusatorial and inquisitorial

prosecution system. The concept of this system, where the

Philippine Criminal Justice System 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
CHAPTER 3: THE PROSECUTION 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.
The prosecution as a pillar of the Criminal Justice System In the Philippines, the prosecution system was
patterned after different countries that have legal systems
The Prosecution as the pillar of the CJS simply ahead of the Philippines. The agency that is responsible for
pertains to "a criminal action". Furthermore, it refers to a the prosecution is the Department of Justice. It is the
proceeding instituted and carried on by due course of law, government's principal law agency. It serves as the
before a competent tribunal, for the purpose of determining government's prosecution arm and administers the
the guilt or innocence of a person charged with a crime. government's criminal justice system by investigating the
crimes, prosecuting offenders, and overseeing the
"It is also used to designate the government as the party to correctional system. It is also the government's legal counsel
the proceeding in a criminal action." and representative in litigations and proceedings requiring
In a criminal case, it is also referred to as the process by the services of a lawyer; implements the Philippines’ laws
on the admission and stay of aliens within its territory; and
which formal criminal charges are brought against a person
provides free legal services to indigent and other qualified
accused of committing a crime. citizens.

Concept and Philosophy of Prosecution Role and functions of city and provincial prosecutors
and private prosecutors

This second (2nd) pillar, is primarily concerned

with the investigation of the complaint filed before its office. The purpose of criminal action, in its purest sense,
is to determine the penal liability of the accused for having
Prosecution is the process wherein the accusation is
outraged the state with his crime and, if found guilty, to
brought before the court of justice to determine the guilt or
punish him for it. In this sense, the parties of the action are
innocence of the accused. Then the prosecutor is the person
the People of the Philippines and the accused. The private
who is a quasi-judicial officer which is responsible of the
offended party is regarded merely as a witness for the state.
full discretion and control over a criminal case in the
(Heirs of Sarah Marie Palma Burgos v. Court of Appeals,
administration of justice and represent the government or
the people of the Philippines in a criminal proceeding in the 612 SCRA 1, 7-8)
court of law. In criminal cases where the offended party is the
state, the interest of the private complaint or the private
There are three (3) kinds of prosecution system
offended party is limited to civil liability, thus, in the
which includes: The adversarial system, also known as
prosecution of the offense, the complainant's role is limited
accusatorial system, wherein the victim or his/her
to that of a witness for the prosecution (People v. Santiago,
representative has the primordial responsibility of finding
174 SCRA 143, 152, Bautista v Cuneta-Pangilinan, 684
and presenting evidence to the court. Then the judge listens
to the accusation and thereafter determines the punishment SCRA 521, GR No. 189754, October 24, 2012)
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 Section 1, Rule 110, Rules of Court, provides for the
laws. Another kind is the inquisitorial system wherein the institution of criminal actions.
judge is responsible in searching for facts, listens to the
Section 1. Institution of Criminal Actions. – Criminal
witnesses, and investigates to prove the guilt or the
actions shall be instituted as follows:
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
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 a) For offenses where preliminary investigation is 1. Provincial or City Prosecutors and their assistants;
required pursuant to Section 1 of Rule 112, by filing
the complaint with the proper officer for the purpose 2. National and Regional State Prosecutors; and
of conducting the requisite preliminary 3. Other officers as may be authorized by law (e.g.,
investigation. COMELEC, Ombudsman)
b) For all other offenses, by filing the complaint and
information directly with the Municipal Trial
Right to a Preliminary Investigation; not a Constitutional
Courts and Municipal Circuit Trial Courts, or the
Right
complaint with the office of the prosecutor. In
Manila and other chartered cities, the complaint The 1987 Philippine Constitution does not provide
shall be filed with the office of the prosecutor unless for preliminary investigation. The right thereto is of a
otherwise provided in their charters. 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
Concepts: Role of City and Provincial Prosecutors a component of due process in criminal justice (Duterte v.
Sandiganbayan, 289 SCRA 721, 737-738; Ong v
Preliminary Investigation is merely an inquiry or Sandiganbayan, 470 SCRA 7, 20).
proceeding to determine whether there is sufficient ground
to engender a well-founded belief that a crime has been Preliminary Investigation is a substantive right. To
committed and that the respondent is probably guilty deny the claim of the accused to preliminary investigation
thereof, and should be held for trial. would be to deprive him the full measure of his right to due
process. (Duterte v. Sandiganbayan, 289 SCRA 721)
(Edgardo v. Quesada v. DOJ, G.R. No. 150325,
August 31, 2006) The right to a preliminary investigation may be
waived for failure to invoke the right prior to or at the time
The above jurisprudence supports the definition of of the plea. (People v. Gomez, 117 SCRA 73, 78; Go v. Court
preliminary investigation on its "probably guilty," in which of Appeals, 206 SCRA 138, 153)
the inquiry is concerned merely with probability and not on
absolute or moral certainty. A preliminary investigation does Republic Act No. 10071, also known as
not inquire a full and exhaustive presentation of the parties' "Prosecution Service Act of 2010," strengthens and
evidence. A finding of probable cause needs only to rest on rationalizes the National Prosecution Service. This law
evidence showing that more likely than not, a crime has been created the National Prosecution Service to be composed of
committed and was committed by petitioner and his co- the prosecution staff in the Office of the Secretary of Justice
accused. and such number of Regional Prosecution offices, offices of
the provincial prosecutor and office of the prosecutor as are
The term "probable cause” neither means actual and hereinafter provided which shall be primarily responsible
positive cause nor import absolute certainty. It is merely for the preliminary investigation and prosecution of all cases
based on opinion and reasonable belief. Thus, a finding of involving violations of penal laws under the supervision of
probable cause does not require an inquiry into whether the Secretary of Justice, subject to the provisions of Sections
there is sufficient evidence to procure a conviction. It is 4,5, and 7.
enough that it is believed that the act or omission
complained of constitutes the offense charged. Precisely, Section 9. Powers and Functions of the Provincial
there is trial for the reception of evidence of the prosecution Prosecutor or City Prosecutor. – The provincial prosecutor
in support of the charge. (NBI-Microsoft Corporation v. shall:
Judy K. Chua Hwang, et al., G.R. no. 147043, June 21,
a) Be the law officer of the province or city, as the case
2005)
may be;

b) Investigate and/or cause to be investigated all

Officers Authorized to Conduct Preliminary Investigation charges of crimes, misdemeanors and violations of
Persons authorized to conduct preliminary investigation penal laws and ordinances within their respective
are the following: 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
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 evidence of witnesses, and for this purpose may by written authorization to the private prosecutor shall
subpoena or summon witnesses to appear and be given because of either of the following reasons:
testify under oath before him/ her, and the a) the public prosecutor has a heavy work schedule,
attendance or evidence of an absent or recalcitrant or b) there is a lack of public prosecutors. (Sec. 5,
witness may be enforced by application to any trial Rule 110, Rules of Court; A.M. No. 02-2-07-SC,
court; effective May 1, 2002)

c) Have charge of the prosecution of all crimes, 3. Once so authorized to prosecute the criminal
misdemeanors and violations of city or municipal action, the private prosecutor shall continue to
ordinances in the courts at the province or city and prosecute the case up to the end of the trial even in
therein discharge all the duties incident to the the absence of a public prosecutor, unless the
institution of criminal actions, subject to the authority is revoked or otherwise withdrawn. (Sec.
provisions of second paragraph of Section 5 hereof. 5, Rule 110, Rules of Court A.M. No. 02-2-07-SC,
effective May 1, 2002)

Prosecution of the Criminal Action

Appellate Jurisdiction of Regional State Prosecutor,
Section 5, Rule 110 of Criminal Procedure State Prosecutor, and the Department of Justice
Section 5. Who must prosecute criminal action.
All criminal actions either commenced by complaint or
information shall be prosecuted under the direction and The public prosecutor shall conduct preliminary
control of a public prosecutor. In case of heavy work investigation to determine probable cause to file information
schedule of the public prosecutor or in the event of lack of to the court. The accused may move to quash the complaint
public prosecutors, the private prosecutor may be authorized or information as provided in Section 3, Rule 113 on the
in writing by the Chief of the Prosecution Office or the Rules of Court, on any of the following grounds:
Regional State Prosecutor to prosecute the case subject to
the approval of the court. Once so authorized to prosecute a) That the facts charged do not constitute an offense;
the criminal action, the private prosecutor shall continue to
prosecute the case up to the end of the trial even in the b) That the court trying the case has no jurisdiction
absence of a public prosecutor, unless the authority is over the offense charged;
revoked or otherwise withdrawn. (A.M. No. 02-2-07-SC,
effective May 1, 2002) c) That the court trying the case has no jurisdiction
over the person of the accused;
The public officer may turn over the actual
prosecution of the criminal case to the private prosecutor but d) That the officer who filed the information has no
he may, at any time take over the actual conduct of the trial. authority to do so;
If the public prosecutor wants to ask additional questions
after the private prosecutor was done with his questions. the e) That it does not conform substantially to the
trial judge need not consult the private prosecutor before prescribed form;
granting leave to the public prosecutor. (People v. Tan, 549,
SCRA 489, 498-499) f) That more than one offense is charged except when
1. Private prosecutor may prosecute the criminal a single punishment for various offenses is
action up to the end of the trial, even in the absence prescribed by law;
of the public prosecutor, if he is authorized to do so
in writing. This' written authorization shall be g) That the criminal action or liability has been
given by either the Chief of the Prosecution Office extinguished;
or the Regional State Prosecutor. The written
authorization in order to be given effect must, h) That it contains averments which, if true, would
however, be approved by the court. (Sec. 5, Rule constitute a legal excuse or justification; and
110, Rules of Court; A.M. No. 02-2-07-SC,
effective May 1, 2002) i) That the accused has been previously convicted or
acquitted of the offense charged, or the case against
2. The private prosecutor cannot, for just any reason, him was dismissed or otherwise terminated without
be authorized to prosecute the criminal case. The his expressed consent.

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 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)

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