PROSECUTION (a state representative) queries about the violation of the RPC, and

2ND Pillar of Criminal Justice System The other laws, and to review appeals to
duties and functions of the prosecution pillar sets in resolutions of cases by prosecutors.
the moment the prosecution receives a complaint  However, the NPS was strengthened and
from a law enforcement agency or private party. rationalized through the enactment of
Republic Act. No.10071 also known as the
Prosecution as the pillar of CJS simply Prosecution Service Act of 2010 that repealed
pertains to “a criminal action”. PD 1275.
It refers to a proceeding instituted and carried
on by due course of law, before a competent How is the prosecution of criminal offenses
tribunal, for the purpose of determining the initiated in the Philippine setting?
guilt or innocence of a person charged with a 1. For offenses that require preliminary
crime. investigation, the criminal complaint is
“It is also used to designate the government instituted by the filing at the Office of the
as the party to the proceeding in a criminal Public Prosecutor (Metro Manila or Chartered
action.” Cities or in the Provinces).
In a criminal case, it is also referred to as the 2. For offenses that do not require preliminary
process by which formal criminal charges are investigation, the same shall be filed at the
brought against a person accused of Office of the Public Prosecutor in Metro
committing a crime. Manila or chartered cities as the case may be.
In the provinces, the same may be filed
Prosecute means to officially accuse someone of directly with the court (Municipal Trial Courts
committing a crime in a law court, or (of a lawyer) to or Municipal Circuit Trial Courts).
try to prove that the person accused of committing a 3. For the so-called private crimes, the same
crime is guilty of that crime. cannot be instituted unless the private
offended gives the consent or initiates the
A prosecutor is a legal representative of the filing of the complaint against the offender or
prosecution in countries with either the common law in the absence of incapacity of the offender to
adversarial system or the civil law inquisitorial initiate the filing of the complaint, by those
system. enumerated under the rules
4. For the offenses whose penalty does not
THE NATIONAL PROSECUTION SERVICE (NPS) exceed imprisonment of (1) year regardless of
 The duty to prosecute criminal complaints is fine, and the offender is not a corporation, the
lodged at the NPS. same shall undergo the required conciliation
 Presidential Decree (PD) 1275 of 1978 proceedings at Katarungang Pambarangay
established the National Prosecution Service (Barangay Justice System).
under direct supervision of the Secretary of
Department of Justice. In our setting, who conducts the prosecution?
 It is empowered to investigate and prosecute  The prosecutor is the government once tasked
all crimes described by the Revised Penal to conduct the prosecution of criminal actions in
Code (RPCS), administrative cases against its court.
own officers, prepare legal opinions, or
  The revised rules of Court expressly provides In the administration of CJS, what is the role of
that the prosecution has the direction and the prosecutor?
control of the case.  The prosecutor perhaps plays the most crucial
 Although, in the Municipal Trial Court or role is the administration of the criminal justice
Municipal Circuit Trial Courts when the system because the office occupies a central
prosecutor is absent, the offended party, any and very important position between the
peace officer, or public officer charged with police and the courts.
enforcement of the law violated may prosecute  The prosecutor is the person responsible in
the case. determining whether or not to bring formal
 But such authority shall cease upon actual charges against persons suspected of
intervention of the prosecutor or upon elevation committing crimes and be brought to a judicial
to the Regional Trial court. proceeding.
 The public prosecutor decides whether to
Who is being represented by the prosecutor in prosecute the case or not. Hence, even some
the prosecution of the case? authors referred to him as the “traffic cop” of
• In criminal prosecution, the public prosecutor the criminal justice process.
represents the State or the People of the Philippines.
• This is so because the real offended party is the B. PRELIMINARY INVESTIGATION
people of the Philippines, for a crime is an outrage - Is an inquiry or proceeding to determine
against, and its vindication is in favor of the people of whether there is sufficient ground to
the Philippines. engender a well-founded belief that a crime
• The offended party in criminal prosecution is merely has been committed and the respondent is
a witness; mere collateral, for the crime that was probably guilty thereof and should be held
committed by the accused is not against the offended for trial.
party but against the people of the Philippines.
A. PROSECUTOR’S ROLE In general, the Preliminary Investigation has a
- To conduct preliminary investigation. 3-FOLD PURPOSE:
- To make proper recommendations during 1. To inquire concerning the commission of crime
the inquest proceedings of the case referred and the connection of the accused with it, in order
to them by the police after the investigation that he may be informed of the nature and
of the suspect; character of the crime charged against him, and if
- To represent the government or state during there is probable cause for believing him guilty,
the prosecution of the case against the that the state may take the necessary steps to
accused; bring him to trial;
- To act as a legal officer of the province or 2. To preserve the evidence and keep the witness
city in the absence of its legal officer; within the control of the state; and
- To investigate administrative cases filed 3. To determine the amount of bail, if the offense is
against State Prosecutors, Provincial bailable.
Prosecutors, including the support staff of
the National Prosecution Service (NPS). What are the PRINCIPAL PURPOSES of
PRELIMINARY INVESTIGATION?
 1. To determine whether a crime has been ✓ Is there an instance when preliminary
committed and whether there is probable investigation is not required even if the crime is one
cause to believe that the accused is guilty that required preliminary investigation?
thereof, ✓ Yes, when the offender was arrested without a
2. To secure the innocent against hasty, warrant, an INQUEST investigation will be conducted
malicious, and oppressive prosecution; by the inquest investigator.
3. To protect from an open and public accusation ✓ There is no need to conduct a preliminary
of a crime, from the trouble, expense, anxiety investigation, unless the person arrested asks for
of a public trial; and Preliminary investigation.
4. To protect the state from useless and ✓ However, before the same can be done, he
expensive trials. must sign a waiver under the provision of Article 125*
of the Revised Penal Code.
When can there be a preliminary investigation?
 A preliminary investigation is required to be Article 125 of the Revised Penal Code
conducted before the filing of the Complainant provides for a mode of committing Arbitrary
or Information for an offense where the Detention by Delay in the Delivery of Arrested
penalty prescribed by law is at; least 4 years, Persons to the Proper Judicial Authorities:
2 months and 1 day without regard to the fine. • 12 hours for crimes punishable by light penalties
• 18 hours for crimes punishable by correctional
COMPLAINANT is a sworn statement charging a penalties; and
person with an offense, subscribed by the • 36 hours for crimes punishable by afflictive of capital
offended party, any peace officer, or other penalties.
public officer charged with the enforcement of
the law violated. INQUEST refers to an informal and summary
- In this case, any peace officer (police) has a investigation conducted by a public prosecutor in
duty to file a complaint. criminal cases involving persons arrested and
INFORMATION the formal accusation in writing detained without the benefit of a warrant issued by
charging a person with an offense, subscribed by the the court for the purpose of determining whether or
prosecutor and filed in the court. not said person should remain under the custody and
correspondingly charged in court.
Elements of Sufficient Information
1. Name of the Accused - Where the detained person does not opt
2. Designation of the Offense for a preliminary investigation or otherwise refuses to
3. Cause of the Accusation execute the required waiver, the investigator shall
4. Place of Commission of the Offense proceed with the inquest by submitting the suspect
5. Date of Commission of the Offense before the inquest prosecutor to include sworn
6. Name of the Offended Party statement at davits to the complainant and the
Is there an instance when preliminary witness/es and other supporting evidence.
investigation is not required even if the crime is
one that required preliminary investigation? What is the procedure to be observed in
conducting inquest proceedings? (Based on the
book, authored by Theodore Timpac, Roel Alviar, PROBABLE CAUSE IN PRELIMINARY
Jayson Felix) INVESTIGATION
- It is a facts and circumstances as would
1. Upon arrest of a person without warrant, excite
the policeman must detain the arrested the belief, in a reasonable mind acting on the
person to the nearest jail or police station. facts within the knowledge of the prosecutor,
that the person charged was guilty of the crime
2. Afterwards, the arresting policeman shall for which he was prosecuted.
locate or contact immediately the inquest prosecutor
for the latter to determine whether the arrest is valid Is preliminary investigation a constitutional right?
and the following rules shall be observed: No, preliminary investigation is not a
constitutional right. It is merely a statutory right.
✓If the prosecutor finds out that the Can it be waived?
arrest • Yes, since it is merely a statutory and
is valid, he may order the further detention of the personal right, it can be waived either expressly or by
arrested person and the filling of the information implication.
before the proper court; or
✓If the prosecutor finds out the arrest is not • When the accused failed to invoke his/her
valid, he may order the release of the arrested person right to preliminary investigation before or at the time
upon signing a Promise to Appear. of the arraignment, he/she is deemed to have waived
his/her right to preliminary investigation.
Promise to Appear is a written agreement between
the prosecutor and the arrested person that the latter Is preliminary investigation a matter of, right?
must voluntarily show himself whenever required to • Preliminary investigation is a matter of right
do so by the former to make some clarification only when the crime committed is punishable by a
relative to his arrest. penalty of at least 4 years, 2 months, and 1 day
regardless of the amount of fine. Otherwise, it is not.
RESOLUTION under the purview of the prosecution
refers to the document prepared by the prosecutor What is the effect if the preliminary investigation
that contains the result of his/her findings; that is, is not accorded to the respondent or the
whether holding the respondent for trial or dismissing accused?
the case or complaint. ✓ Denial of preliminary investigation to the
accused or the respondent when proper shall be
CRIMINAL INVESTIGATION is a fact-finding considered a violation of due process because
investigation carried out by law enforcement officers preliminary investigation is a component part of due
for the purpose of determining whether they should process in criminal justice.
file a complaint for preliminary investigation. The right to a preliminary investigation is a
substantive right.
PRELIMINARY INVESTIGATION is conducted by
prosecutor for the purpose of determining if there is a When may an arrested person ask for a
probable cause to hold person for trial. preliminary investigation?
A person may ask for a preliminary investigation in • In our jurisdiction, the conduct of preliminary
any of the following: investigation is very relevant because at the onset of
a. Before the filing of complaint or information the criminal process the entry into the system of the
in court; or offender is already being screened so that the
b. Within 5 days from the time he learns that a criminal complaint that does not have probable cause
complaint or information already filed against him in is not given due course.
court.
The primary effect of preliminary investigation
Take note: in the criminal process is to reduce the backlog and
In asking for a preliminary investigation, the congestion of cases in our courts.
arrested person must sign a waiver to renounce his
right under Article 125 of the Revised Penal Code. D. PROSECUTOR’S DISCRETION
Notwithstanding the waiver, he may apply for bail. Important in Prosecutorial Discretion
(section 7, rule 112 of the Rules of Court). The prosecutor in our setting has virtually
unlimited discretion and the most important
C. PERSONS AUTHORIZED TO CONDUCT prosecutorial discretion is deciding whether or not to
PRELIMINARY INVESTIGATIONS file the case in court against the accused.
The following are the officers authorized to
conduct preliminary investigations: DISCRETIONS OF PROSECUTORS:
a) Provincial or City Prosecutors and their assistants. 1. Whether or not to file the case in court;
b) National and Regional State Prosecutors; and 2. What charges to file;
c) Other officers as may be authorized by law. 3. Whether or not to decline to prosecute the arrested
party;
Are all judges authorized to conduct 4. Whether or not to enter into plea-bargaining.
preliminary investigation?
• No. Not anymore. PRIMARY GOAL
Is the mayor authorized to conduct preliminary Crime Prevention the primary goal of the
investigations? prosecutor in charging decision.
• No, the mayor is not anymore authorized to conduct Prosecutors attempt to control crime by
preliminary investigations. It used to be under the old prosecuting and therefore incapacitating offenders
rule that the mayor is authorized, but under the and deterring potential criminals.
present rule that power has been revoked.
The prosecutor has a greater discretion than
When may a Judge issue a warrant of arrest? the police. Because prosecutor can refuse to file
• The rule is that an arrest warrant must be formal charges against those arrested, hence
issued by a judge any after examining the minimizing or influencing the arrest power or decision
complainant and the witnesses he may produce and making of the police.
after finding probable cause to believe that the
person to be arrested has committed the crime. Generally, and in the line of cases, even the
Supreme Court is reluctant to interfere in the exercise
What is the relevance of preliminary investigation of the prosecutorial discretion.
in the administration of the CJS?
 This is in deference to the Doctrine of Metropolitan Trial Court of the place where the
Separation of Powers between co-equal branches of accused was arrested.
the Government;
Save in some instances when the prosecutor The purpose of bail is to secure the
is alleged to have gravely abused the exercise of his appearance of the accused before the court when so
discretion amounting to lack or excess of jurisdiction. required. And of course, to provide the accused of his
temporary liberty while awaiting the processing and
the disposition of the case filed against him.
The Remedies available:
a) File a motion for reconsideration;
b) File an administrative appeal with the Secretary of KINDS OF BAIL BOND:
Justice; 1. Property
c) File an administrative case against the Prosecutor, 2. Cash
d) File a civil case against the prosecutor; 3. Corporate surety
e) File a special civil action for grave abuse of 4. Recognizance.
discretion;
f) File a criminal case against the prosecutor.

Bail is the security given for the release of the

person in the custody of the law, furnished by him or
the bondsman, to guarantee his appearance before
any court as required under the conditions as
specified.

The decision whether or not bail should be

granted when bail is discretionary is solely a court's
prerogative based on the strength of the evidence at
hand, the gravity of the offense and the character or
risk that the accused will commit.

Where should the bail be posted?

• As a rule, bails should be filed only before
the court, which has jurisdiction over the case of the
accused, who was arrested or under the custody of
the law.
• As an exception, bail may be posted or filed
before the court of the place where the accused was
arrested other than the court where his case was
filed.
• In some instances, when there is no
available Regional Trial Court in the place, the bail
may be filed at the Municipal Trial Court or