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PCJS - PROSECUTION

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17 views19 pages

PCJS - PROSECUTION

Uploaded by

jversoza
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INTRODUCTION TO

PHILIPPINE CRIMINAL
JUSTICE SYSTEM
2nd PILLAR
PROSECUTION
PROSECUTION

Serving as the lawyer of the


state/government in criminal cases,
the prosecutor is automatically
considered an officer of the court; at
the same time, he is formally a
member of the Department of
Justice, under the Executive branch
of the Government and thus
independent from the judiciary.
It is made up of Provincial and City
Public Prosecutors under the National
Prosecution Service (NPS). They perform
two types of prosecutorial powers;
investigatory and prosecutor such as they:
1. Evaluate the police findings referred to
them, or other complaints filed directly with
them by individual persons
2. File corresponding INFORMATION OR
CRIMINAL COMPLAINTS in the proper courts
on the basis of their evaluation of the
proofs at hand; and
3. Prosecute the alleged offenders in court, in
the name of the People of the Philippines.
PROSECUTE – to commence and
carry on a criminal action or lawsuit
in the name of the People of the
Philippines.
⮚To bring suit against for redress of
wrong or punishment of crime.
⮚To seek to enforce or obtain, as a
claim or right by legal process.
⮚To begin and carry on a legal
proceeding.
THE PROSECUTOR AND THE
POLICE
1. Prosecutorial discretion typically
enters the picture immediately
after the arrest, when the police
investigate reports are forwarded
to the prosecutor for review.
2. The prosecutor screens and
evaluates the document in order
to decide whether to accept or
reject the case for prosecution.
3. The action of the prosecution is
dependent upon the police
initiatory action, whereby the
criminal justice system relies on
the:
a. Certainty of the arrest by the
police
b. Certainty of conviction by an
effective prosecution
c. Certainty of appropriate
sentencing by the court
WHO COMPOSES THE
PROSECUTOR?

1.Public Prosecutor –Fiscal


 State Prosecutor
 Provincial Prosecutor
 City Prosecutor
 Special Prosecutor
2. Attorney in the private
practice. They represent the
parties (complainant or
respondent) in proceedings
before the Public Prosecutor.
3. Public defender such as PAO
and other Legal Aid Lawyers
(IBP, CLAO, FLAG, etc.)
USE OF THE PROSECUTOR’S DISCRETION

There are, of course, many legitimate


reasons for the prosecutor’s failure to
prosecute:
 Where the alleged criminal act may be the
result of some quarrel between neighbors and
all parties are equally at fault;
 Where the alleged criminal act may be the
result of some minor domestic dispute;
 Where an overzealous creditor may be
attempting to pervert the criminal process for
the purpose of collecting a civil debt.
PROSECUTORIAL DISCRETION
OPPORTUNITIES

 Deciding to Prosecute
 Terminating prosecution through Nolle
 Prosecuting on reduced charges
 Dropping multiple counts
 Making sentencing recommendation
 Plea Bargaining
Art 112 of the Rules of Court
Section 1 - Preliminary investigation
defined; when required. —
Preliminary investigation 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.
Except as provided in section 7 of
this Rule, a preliminary investigation
is required to be conducted before
the filing of a complaint or
information for an offense where the
penalty prescribed by law is at least
four (4) years, two (2) months and
one (1) day without regard to the
fine.
Prima Facie Evidence- is
such as establishes a fact
and unless rebutted or
explained by evidence
becomes conclusive and it
is considered as if fully
proved.
COMPLAINT vs. INFORMATION

Complaint – a sworn written


statement charging a person
with an offense subscribed by
the offended party, any peace
officer, or the public officer
charged with the enforcement of
the law violated.
REQUISITES OF COMPLAINT
1.Written statement under oath
2.Signed either:
a.Offended party
b.Any peace officer or public
officer charged with the
enforcement of the law
violated.
INFORMATION – is an
accusation in writing charging
a person with an offense,
subscribed by the prosecutor
and file with the court.

INQUEST – investigation of a
case performed by the Fiscal
assigned.
REQUISITES OF
INFORMATION
1.A written accusation;
2.A person is charged of an
offense;
3.Signed by the public
prosecutor; and
4.The information is filed with
the court.
PURPOSE OF PRELIMINARY
INVESTIGATION

1. To protect the innocent against


hasty, malicious and oppressive
prosecution.
2. To spare him from trouble,
expensive and anxiety to a public
trial.
3. To protect the State itself from
useless and wasteful rights.

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