CJS 101 Chapter 3
CJS 101 Chapter 3
PROSECUTION
3 Main Functions of the
Prosecution Pillar
To conduct To conduct
Preliminary Inquest
Investigation Proceeding
To act as the
lawyer of the
state in
criminal
prosecution
Philippine Prosecution System
• 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.
PRELIMINARY INVESTIGATION
• Rule 112 of the Revised Rules of Criminal Procedure
Complaint Information
Subscribed by: The offended party, any peace officer or The prosecutor.
other officer charged with the
enforcement of the law violated.
In Manila and other chartered cities, the complaint shall be filed with the
office of the prosecutor unless otherwise provided in their charters
COURT PROCEEDING
COURT PROCEEDING
1. Arraignment and Plea
2. Pre-Trial
3. Trial
4. Judgement
5. New trial or Reconsideration
6. Appeal
ARRAIGNMENT AND PLEA
• Section 1. Arraignment and plea; how made. –
• (a) The accused must be arraigned before the court where
the complaint or information was filed or assigned for
trial. The arraignment shall be made in open court by the
judge or clerk by furnishing the accused with a copy of the
complaint or information, reading the same in the
language or dialect known to him, and asking him
whether he pleads guilty or not guilty.
WHEN IS PLEA CONSIDERED NOT
GUILTY?
• When
TAKEthe accused refuses to plead or makes a
NOTE!
conditional plea,
• The accused a be
must plea of atnot
present the guilty shall be
arraignment
andfor
entered must
him.personally enter his plea. Both
arraignment and plea shall be made of record,
• Whenbutthe accused
failure pleads
to do so shall guilty
not affect the but presents
validity of
exculpatory evidence, his plea shall be deemed
the proceedings
withdrawn and a plea of not guilty shall be
entered for him
Pre – Trial
• It shall be held within thirty (30) days after arraignment
• Plea bargaining
• Stipulation of facts
• Marking or identification of evidence
• Waiver of objections to admissibility of evidence
• Modification of the order of trial
• Such matter as will promote a fair and expeditious trial
of the criminal and civil aspects of the case.
TRIAL (ORDER OF TRIAL)
• A) The prosecution shall present evidence to
prove the charge and, in the proper case, the civil
liability. (Direct exam-cross examination/ re-direct
– re-cross)
• B) The accused may present evidence to prove his
defense, and damages, if any, arising from the
issuance of a provisional remedy in the case.
PROSECUTION
• Direct examination – public
prosecutor
• Cross examination – defense
lawyer
• Re-direct examination – public
prosecutor
• Re-cross examination – defense
lawyer
TRIAL (ORDER OF TRIAL)
• (b) The
new and material evidence has been discovered
which the accused could not with reasonable diligence
have discovered and produced at the trial and which if
introduced and admitted would probably change the
judgement.
GROUNDS FOR RECONSIDERATION