THE PHILIPPINE

CRIMINAL
JUSTICE SYSTEM
(CJS)
 CHAPTER 1:
THE CONCEPT OF
CRIMINAL JUSTICE
SYSTEM
CRIMINAL JUSTICE SYSTEM (CJS)
- defined as the machinery of the state or government, which enforces the rules
of conduct necessary to protect life and property and maintain peace and order.

THE FIVE PILLARS OF CJS

 LAW ENFORCEMENT - implements the laws and regulations
 PROSECUTION – determines probable cause of the crime committed
 COURTS – place/venue where the trial is held
 CORRECTIONS – reformation of the inmate
 COMMUNITY – provides opportunity to the ex-convict
The first four are considered as FORMAL CJS. Community is the basic element
of the pillar.
THE PHILIPPINE CJS SETTINGS
1. THE LAW ENFORCEMENT
- particularly the PNP, under the office of the DILG; while the NBI is an agency
attached to the DOJ.
2. PROSECUTION
- this pillar is under the office of the DOJ
- Public Attorneys Office (PAO) also under the DOJ represents the
accused/respondent
- The prosecution generally considered as the representative of the state in
criminal cases
3. COURTS
- under the supervision of supreme courts
4. CORRECTION
- either under the DOJ and DILG, the BJMP.
PRIMARY GOAL OF CJS

1. TO PROTECT THE MEMBERS OF THE SOCIETY

- CJS is the formal instrumentality authorized by the people of the nation to protect
both their collective and individual well-being.

2. MAINTENANCE OF PEACE AND ORDER

- Because crime and disorder disrupt stability in the society, we have given the CJS the
authority to act as society’s representative and to serve as the instrument by which
the existing order is maintained.
SECONDARY GOAL OF CJS

1. Prevention of crime
2. Suppression of criminal conduct by apprehending offenders
3. Review of the legality of our preventive and suppressive measures.
4. Judicial determination of guilt or innocence of those apprehended
5. Proper disposition of those who have been legally found guilty.
6. Correction by socially approved means of the behavior of those who
violate the law.
PHILOSOPHICAL APPROACHES BEHIND THE CJS

1. ADVERSARIAL APPROACH
2. INQUISITORIAL APPROACH

3. ADVERSARIAL APPROACH
- This approach assumes innocence. The prosecutor representing the state must
prove the guilt of the accused. This approach requires that the proper procedures are
followed-procedures designed to protect the rights of the accused. These concepts
are necessary in order to create a system in which the accused has a fair chance
against the tremendous powers of the prosecutors and the resources of the state.
2. INQUISITORIAL APPROACH
- The accused must prove that they are innocent. This is the opposite of adversarial
approach. The inquisitorial approach places a greater emphasis on conviction rather
than on the process by which the conviction is secured.

ADVERSARIAL APPROACH INQUISITORIAL APPROACH

Assumes the accused to innocent Assumes the accused to be guilty

The burden(hardship, challenge) is on the The burden(hardship, challenge) is on the

prosecutor to prove the guilt of the accused to prove in proving his
accused innocence

Place emphasis on the process Place emphasis on the conviction of the

accused
PHILOSOPHICAL APPROACH ADOPTED BY
THE PHILIPPINES

Our CRIMINAL JUSTICE SYSTEM adopts the ADVERSARIAL

APPROACH.
This is obvious due to the greater emphasis on the
observance of due process and of the litany of rights in our
Constitution’s Bill of Rights.
THE TWO PRINCIPLES OF LAW THAT MUST BE ADHERED TO IN OUR
CJS

1. DUE PROCESS OF LAW

2. EQUAL PROTECTION CLAUSE

3. DUE PROCESS OF LAW

- it means that those who are accused of the crimes and those who are processed
through the criminal justice system must be given the basic rights guaranteed by the
constitution.
- it simply means compliance with the requisite NOTICE AND HEARING.
- the essence of due process is found in the reasonable opportunity to be heard and
submit any evidence one may have in support of one’s defense.
- what the law prohibits is not the absence of previous notice but the absolute absence
thereof and the lack of opportunity to be heard.
- due process refers to observance of the Rules of Court and the Bill of Rights
2. THE EQUAL PROTECTION CLAUSE

- Equal protection clause in essence declares that the state may not
attempt to create or enforce statutes against a person solely because of
specific characteristics such as race, age, or sex.
- According to Supreme Court, it must be based on some reasonable
classification.

CONCEPT OF CRIMINAL DUE PROCESS

- Criminal due process requires that the accused be tried by any
impartial and competent court in accordance with the procedure
prescribed by law and with proper observance of all the rights accorded
him under the constitution and applicable statutes. (ex. Denial of
preliminary investigation when proper).
WHO CAN INVOKE HIS RIGHT TO CRIMINAL DUE
PROCESS?

- any person under investigation of the crime may at all times invoke
his right to due process.

- the Bill of Rights (including the right to due process) is a litany of

weapons, which a person may use in order to resist or defeat any abuse
or misuse of governmental power.

- The Bill of Rights is foundationally directed against the government.

THE TWO MOST POPULAR MODELS OF CJS

1. The Concept of Crime Control Model

2. The Concept of Due Process Model – adopted by the Philippines

1. CRIME CONTROL MODEL

- based on the idea that the most important function of the CJS is the
repression of criminal conduct.
- The model is justified by pointing out that the failure of the police and
other agencies of the criminal justice to bring the criminal conduct
under control leads to breakdown of the public order and as a result,
the disappearance of social stability, which is an important condition of
human freedom.
2. DUE PROCCESS MODEL

- it has a features of an obstacle course in administering justice

- under this model, each of the stage of the criminal justice process
from arrest, prosecution, through the courts disposition of the accused,
is designed to present formidable impediments(obstacles) to carrying
the accused any further along in the process.

- the primary considerations of the due process model is to protect the

rights of the accused, the individual freedoms and the general
consideration of liberty, the basic right of an individual. However, this
results to the delay in the administration of justice.
JUVENILE JUSTICE SYSTEM (R.A. 9344)

- R.A. 9344 also known as “JUVENILE JUSTICE AND WELFARE

ACT OF 2006” is a Philippine law that focuses on the
rehabilitation and treatment rather than punishment of
children-in-conflict with the law.

- The law aims to protect the rights of the children-in-conflict

with the law, ensuring their well-being and development.
WHAT ARE THE CHILDREN-IN-CONFLICT WITH
THE LAW?

- A child in conflicts with the law refers to a child who is alleged as,
accused of, or adjudged as, having committed an offense under
Philippine law.

WHO IS CHILD AT RISK?

- A child at risk is one who is vulnerable to and at the risk of

committing criminal offense because of personal, family and social
circumstances.
WHAT IS INTERVENTION?

- Intervention refers to a series of activities designed to address issues

that caused the child to commit an offense.

- It may take the form of an individualized treatment program, which

may include counseling, skills training, education, and other activities
that will enhance his/her psychological, emotional and psycho-social
well-being.
WHAT IS THE DIVERSION PROGRAM?

- Diversion program refers to an alternative, child-appropriate process of determining

the responsibility and treatment of a child-in-conflict with the law on the basis of
his/her social, cultural, economic, psychological or educational background without
resorting to formal court proceedings.

DISTINCTION BETWEEN INTERVENTION AND DIVERSION

PROGRAM
- INTERVENTION are actions aimed at addressing the root causes of criminal behavior
often counseling, therapy and rehabilitation; while

- DIVERSION PROGRAMS redirects individual away from traditional legal proceedings,

offering alternative program such as community service or treatment. Diversion
seeks to avoid formal court processing especially first-time minor offender.
CRIMINAL JUSTICE
- defined as the system of law enforcement, adjudication, and
correction that is directly involved in the apprehension, prosecution,
and control of those charged with criminal offenses.

DIFFERENCE BETWEEN CRIMINAL JUSTICE AND

CRIMINOLOGY
- Criminology explains the etiology, extent and nature of crime; while
Criminal Justice describe, analyze, and explains the operations of the
agencies of justice, specifically the police agencies, the prosecution,
court and the rest of the pillars of the system in seeking more effective
methods of crime control and offender rehabilitation.
CRIME
- an act or omission punishable by law is the main reason why the
criminal justice occurs.

- When crime is committed, it disturbs the tranquility and harmony

of the society. Such event calls upon the police to initiate police
intervention by way of investigation or apprehension of those who
violate the law, the prosecutor to prosecute the case; the court to
determine the guilt of the accused; and the rest of the system follows
as incumbent upon their role in the criminal justice system.

- Commission of Crime is the primary reason of the operation of CJS.

THINGS THAT CONSTITUTE A CRIME

1. The act must be voluntary

2. It must be intentional
3. It must be committed by a legally competent person
4. The behavior that constitutes crime can be either an act of
commission or an act of omission
5. A crime is an act that threatens the welfare of the society and is
punishable by judicial proceedings in the name of the state.
Perpetrator/Criminal
- The STAR of the CJS
- The one gives pain and suffering to the victim
- A person who has been charged for a crime committed and has
been found guilty beyond reasonable doubt
- In criminology, criminal refers to a person who had committed a
crime

Victim
- The FORGOTTEN ONE in CJS
- The one who recieves pain and suffering.
MAXIMS OR LEGAL PRINCIPLE REGARDING A CRIME OR
CRIMINAL ACT

1. “Nullum crimen nulla poena sine lege”

- There is no crime if there is no law punishing on it

2. “Actus non facit reum, nisi mens rea”

- A crime is not committed if the mind of the person performing the act complained be
innocent

3. “Actus me invito factus, non est meus actus”

- An act done by me against my will is not my act

4. “mala in se” - (wrong in nature)

5. “mala prohibita” - (wrong it is prohibited by the state)
DEPARTMENT OF GOVERNMENT THAT DEFINES AND
PUNISHES AN ACT

1. The 1987 Philippine Constitution composed of Upper House or the Senate and the
Lower House or the Congress(Representatives), empowers the legislative branch of
the government with the power to enact, modify or repeal laws. It is empowered to
determine what acts are deemed harmful to our society and punishes such acts in
order to suppress them.

2. Local Legislative bodies (Sangunian Panlalawigan, Sangunian Panlungsod,

Sangunian Pambayad, Sangunian Pambarangay) are also authorized to enact laws
that are criminal or penal in nature and are applicable or enforceable only within
their respective territorial jurisdiction.
CRIMINAL LAW
- Criminal Law is defined as that branch of public law, which defines crimes, treats
of their nature, and provides for their punishment

TWO CLASSIFICATION OF CRIMINAL LAW:

1. SUBSTANTIVE CRIMINAL LAW

- defines the elements that are necessary for an act to constitute a crime and
therefore punishable.

2. PROCEDURAL CRIMINAL LAW

- refers to statute that provides procedures appropriate for the enforcement of the
Substantive Criminal Law.
Our System of justice operates on two basic key principles of criminal law in
administration of the CJS:

1. PRESUMPTION OF INNOCENCE
- This means that those who are accused of crimes are considered innocent until
proven guilty.
- the accused is entitled to all rights of the citizens until the accused’s guilt has been
determined by the court of law.

2. BURDEN OF PROOF
-In Criminal cases, the government must prove the guilt of the accused beyond
reasonale doubt.
- an accused is entitled for acquital until proven guilty.
THE CONCEPT OF JUSTICE

JUSTICE
- is a moral and philosophical concept encompassing fairness, equity,
and the impartial treatment of individuals based on principles of
righteousness and equality.

- It involves upholding the rule of law, ensuring that all members of

society receive their due rights and entitlements.

- equal, just and fairness

FOUR ELEMENTS OF JUSTICE IN ORDER
THAT JUSTICE MAY BE DISPENSED
ABSOLUTELY:

1. The absolute ability to identify the law violator

2. The absolute ability to apprehend law violator
3. The absolute ability to punish law violator
4. The absolute ability to identify the intent of the law
violator - the hardest to identify
FOUR TYPES OF MISTAKES THAT HAPPEN
IN ADMINISTERING JUSTICE

1. The innocent is punished

2. The guilty escapes the punishment
3. The guilty are punished more severely than necessary
4. The guilty are punished less severely than necessary
TWO-FOLD ROLE OF JUSTICE

1. The prevention of certain activity that is harmful to society;

2. The apprehension and the formal processing of individuals who

have committed illegal acts.
 CHAPTER 2:
THE FIRST PILLAR:
LAW ENFORCEMENT
LAW ENFORCEMENT

- Law enforcement in the Philippine criminal justice system refers to

the various agencies and personnel responsible for maintaining public
order, preventing and investigating crimes, and enforcing laws in the
Philippines.
- It is considered as the “INITIATOR”, “PRIME MOVER”, and
“BACKBONE OF THE CJS”.

- Some of the function of Law Enforcement are:

1. Effecting an arrest
2. Surveillance
3. Crime investigation
GENERAL FUNCTIONS OF THE LAW ENFORCEMENT

1. TO PREVENT CRIMINAL BEHAVIOR

- eliminating the cause of crime by removing the opportunity
2. TO REDUCE CRIME
- crime reduction for criminal behavior
3. TO APPREHEND AND ARREST OFFENDERS
- includes crime investigation and gathering of evidences that could withstand the
scrutiny of the court
4. TO PROTECT THE LIFE AND PROPERTY
- essentially the purpose of PNP
5. TO REGULATE NON-CRIMINAL CONDUCT
- involves community service and maintenance of order
THE PHILIPPINE NATIONAL POLICE (PNP)

- Pursuant to the provision of the Constitution, PNP is mandated to maintain police

force which are “NATIONAL IN SCOPE AND CIVILIAN IN CHARACTER”

- PNP was established by R.A. 6975 known as the DILG ACT OF 1990.

- R.A. 8551entitled “THE PHILIPPINE NATIONAL POLICE REFORM ACT OF 1998”,

reorganized the PNP. Under this Law, PNP become a community and service
oriented agency responsible for the maintenance of peace and public safety.

- PNP is under the office of the DILG, but they are supervised and controlled by the
NATIONAL POLICE COMMISSION (NAPOLCOM R.A. 4864)
THE GENERAL POWERS OF R.A. 6975, DILG
ACT OF 1990

Basically, these are the powers categorized into four:

1. Order Maintenance - peace and order

2. Community Service - interrelationship/engagement with the
community
3. Law Enforcement - implementation of laws and regulation
4. Neighborhood Policing/Team Policing/Community Policing -
joint-forces or cooperation with other agencies
PNP and NBI
as the primary law enforcement agency both have
their own mandates in the implementation of their
respective law enforcement functions.

Both are tasked to implement the law, apprehend,

search and seizure to prevent, fight and suppress
criminality.
CRIME DETECTION

- Crime detection refers to the process of identifying,

uncovering, and investigating criminal activities to establish
evidence and determine the individuals responsible for
committing offenses. It is a crucial aspect of law
enforcement and the criminal justice system. Crime
detection involves various methods, technologies, and
investigative techniques to gather information, analyze
evidence, and solve criminal cases.
HOW CRIME IS DETECTED?

1. The most typical way that crimes come to the attention of the
police is for the victim to report its occurence to the police.

2. A less typical way for the police to be advised of the crime is

through the reporting of someone who has witnessed its commission
or has come upon evidence indicating that a crime has been
committed.

3. The police themselves, through their proactive routine operations

discover that a crime has been committed or witnessed its
commission.
BUY-BUST OPERATION
- a form of entrapment conducted by police officers in
order to catch the law violator .

INSTIGATION
- basically induced a person to commit a crime
ARREST
- the taking of a person into custody in oerder that he may bound to answer for the
commission of the crime
- an important element of CJS because if the accused is not arrested, the court will
not acquire jurisdiction over the person unless he voluntarily surrenders to the
authority.

ARREST WARRANT
- an order in writing issued in the name of the people of the Philippines signed by the
judge directed to the peace officer, commanding him to arrest a person describe
therein

GENERAL RULE:
No person shall be subjected to search and seizure and arrest without a warrant.
EXCEPTION TO THE GENERAL RULE:

A police officer or private person may, without warrant arrest a person;

1. IN CORPUS DELICTI
When in his presence, the person to be arrestes has committed, is actually committing,
or about to commit an offense

2. HOT-PURSUIT ARREST (reasonable time)

When an offense has just been committed and he has probable cause to believe, based
on his personal knowledge of facts and circmstances that the person to be arrested has
committed the crime.

3. ESCAPEE
When the person to be arrested is a prisoner who has escaped from penal establishment
or place where he is serving final judgment or temporarily confined while his case is
pending, or has escaped while being transfered from one confinement to another.
DUTIES OF ARRESTING OFFICERS IN EXECUTING
ARREST EITHER WITH OR WITHOUT WARRANT

1. To arrest the accused without necessary delay and to deliver him to the nearest
police station or jail

2. The officer shall inform the person to be arrested and of the fact that a warrant
has been issued for his arrest, except when he flees or forcibly resists before the
officer has the opportunity to inform him, or when the giving of such information will
imperil the arrest. The officer need not have the warrant in his possession at the time
of the arrest, but after the arrest, if the person arrested so requires, the warrant shall
be shown to him as soon as possible.

3. To inform the arrested person about his rights under the constitution and for the
police officer to observe the mandate of R.A. 7438
SEARCH WARRANT
- an order in writing issued in the name of the people of the Philippines signed by the
judge directed to the peace officer, commanding him to search for personal property
describe therein and bring it to the court.

REQUITES FOR THE ISSUANCE OF WARRANT

a warrant shall be issued only ;

a. upon probable cause

b. in connection with one specific offense
c. personally determined by judge
d. after personally examination by the judge under oath or affirmation of the
complainant and witnesses he may produce; and
e. particularly describing the person to be arrested(for arrest warrant);
place to be search (search warrant) and the things to be seized.
WHAT ARE THE PERSONAL PROPERTY TO BE
SEIZED?

The following are the properties to be seized;

1. Subject of the offense

2. Stolen or embezzled and other proceeds, fruits of the offense, and

3. Used or intended to be used as the means of the commission of the

offense
EXCEPTION TO THE GENERAL RULE:

The following are the exception to search and seized without a search warrant:

1. Warrantless search incidental to a lawful arrest under Sec. 12 Rule 128 of the
Rules of Court
2. Seizure of evidence in a plain view
3. Search of a moving vehicle
4. Consented warrantless search
5. Customs search
6. Stop and frisk search; and
7. Exigent and emergency circumstances
“FRUIT OF POISONOUS TREE DOCTRINE”

- the EXCLUSIONARY RULE

- Ilegally obtained evidence from arrest, search and seizure is NOT ADMISSIBLE in
Court in any proceeding against the accused

PATROL
- The only police function that is directly responsible for crime prevention
- By doing so, it removes the opportunity for the future offender to commit a crime
PURPOSE OF PATROL

The main purpose of patrol is to provide police visibility

By providing police visibility, patrol officer creates a psychological
effect, that is:

1. It creates a feeling of fear to the would-be offenders;

2. A feeling of security and safety to the law-abiding citizen
CRIMINAL INVESTIGATION

- it is an art, which deals with the identification of offender, its location

and gather evidence of his guilt in criminal proceedings.

- it is very im administration of CJS for it will gather, preserve and

justify evince to prove the guilt of an offender.

- it involves interviewing of the witnesses as well as the victim.

- it also involves interrogating suspects regarding the commission of
an offense.
OBJECTIVES OF INVESTIGATION:

1. Identify the Criminal

2. Locate the Criminal

3. Gather evidence for his guilt

CRIME PREVENTION
- simply defined as the elimination or reduction of the opportunity and
desire to commit a crime such patrol and community awareness

CRIME FIGHTING
- the actual combatting of criminality by apprehending offenders and
prosecute them to determine their guilt.

CRIME SUPPRESSION
- to lessen the number of criminality in the society.
COMMUNITY-ORIENTED POLICING SYTEM
(COPS)
- The concerns about criminality is not only for the police officers but
the active angagement and participation of community. This is the
major priority of concern of COMMUNITY-ORIENTED POLICING SYSTEM
(COPS)

BROKEN WINDOW THEORY

- “maliit na butas, lumaki”
- This simply means that community is the breeding ground of an
individual. the police should be able to help to organized the
community. A chaotic and disorganized community may lead to
criminality.
POLICE DISCRETION
- discretion means the freeedom to make a choice among possible
courses of action.

- Police discretion therefore, refers to police officer’s wise use of

wisdom based on his knowledge, education, training, skill under the
given situations or conditions.
PEOPLE’S LAW ENFORCEMENT BOARD (PLEB)

- it is an office where people of the Philippines files a

complaint againt any police officers abusing their authority
 CHAPTER 2:
THE SECOND PILLAR:
PROSECUTION
PROSECUTION
- In the Philippines, prosecution refers to the legal process by which the government, acting
through its legal representatives, pursues criminal charges against individuals or entities
accused of committing offenses. The prosecution is typically carried out by the public
prosecutor or fiscal, who represents the government in criminal cases.

- In a criminal case, it is also reffered to as the process by which formal criminal charges are
brought against a person accused of committing a crime

- PROSECUTOR is the one who cnducts prosecution of criminal actions

In the absence of prosecutor, the following may prosecute the case provided that authority
shall cease upon actual intervention of the prosecutor or upon elevation of the Regional Trial
Court:
1. OFFENDED PARTY
2. ANY PEACE OFFICER
3. PUBLIC OFFICER CHARGED WITH ENFORCEMENT OF THE LAW VIOLATED
WHO IS BEING REPRESENTED BY THE PROSECUTOR IN THE
PROSECUTION OF THE CASE?
- In criminal prosecution, the public prosecutor represents the STATE OR THE
PEOPLE OF THE PHILIPPINES
e.g. People of the Philippines VS JUAN DELU’LOTORRE

In the absence of prosecutor, the following may prosecute the case provided that
authority shall cease upon actual intervention of the prosecutor or upon elevation
of the Regional Trial Court:
1. OFFENDED PARTY
2. ANY PEACE OFFICER
3. PUBLIC OFFICER CHARGED WITH ENFORCEMENT OF THE LAW VIOLATED
ROLES OF PROSECUTOR

The following are some of the role of the prosecutors:

1. To conduct preliminary investigation

2. To make proper recommendation during the inquest proceedings of the case
referred to them by the police after the investigation of the suspect
3. To represent the government or state during the prosecution of the case against
the accused
4. To act as a legal officer of the province or city in the absence of its legal officer
5. To investigate administrative administrative cases filed against State Prosecutor,
Provincial Prosecutors, including the support staff of the National Prosecution
Service (NPS)
PRELIMINARY INVESTIGATION
- an inquiry or proceedings 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 and should be held for trial.

WHEN CAN THERE BE A PRELIMINARY INVESTIGATION?

when the offense having a penalty prescribed by law is at least
FOUR(4) YEARS, TWO (2) MONTHS AND ONE (1) DAY without regards to the fines

- Cases which are below (4YRS,2M,1D) of penalty do not requires a preliminary

investigation
IN GENERAL, WHAT ARE THE PURPOSE OF
PRELIMINARY INVESTIGATION?

1. To inquire concerning the commission of crime and the connection

of the accused with it, in order that he may be inforemd of the
nature and character of the crime charged against him, and if there
is probable cause to believe that he is guilty, that the state may take
the necessary steps to bring him to trial

2. To preserve the evidence and kepp the witness within the control
of the state, and

3. To determine the amount of bail if the offense is bailable

WHAT ARE THE PRINCIPAL PURPOSE OF PRELIMINARY
INVESTIGATION?

1.To determine whether a crime has been committed and whether there is a
probable cause to believe that the accused is guilty.

2. To secure the innocent against hasty, malicious and oppressive

prosecution

3. To protect him from an open and publice accusation of a crime, from

trouble, expense, anxiety of a public trial

4. To protect the state from useless and expensive trials.

INSTANCES THAT PRELIMINARY
INVESTIGATION IS NOT REQUIRED

- when the person arrrested without the benefits of warrant, preliminary

investigation is not required but an INQUEST INVESTIGATION, unless the person
arreted asked a preliminary investigation. However, before the same can be done,
he must sign a waiver under the provision of ARTICLE 125 of the Revised Penal
Code

NOTE:
Preliminary investigation is a matter of right only when the crime committed is
punishable at least 4yrs, 2 mos, and 1 day
PERSONS AUTHORIZED TO CONDUCT
PRELIMINARY INVESTIGATION

1. Provincial or City Prosecutor and their assistants

2. National or Regional state prosecutor

3. other offices as may be authorized by law

OTHER OFFICES AUTHORIZED BY LAW TO CONDUCT
PRELIMINARY INVESTIGATION

1. The Ombudsman and special prosecutor and public prosecutors duly authorized by
the Ombudsman with respect to cases under its jurisdiction

2. The COMELEC with respect to cases in violation of the Election Law

3. Private Lawyers when duly deputized by any of the above

NOTE:
* NOT ALL JUDGES ARE AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION
* Mayors are NOT AUTHORIZED to conduct preliminary investigation
PROSECUTOR’S DISCRETION

1. whether or not to file the case in court

2. what charges to file

3. whether or not to decline to prosecute the arrested party

4. whether or not to enter into plea-bargaining

WHAT IS THE RELEVANCE OF PRELIMINARY
INVESTIGATION IN THE ADMINISTRATION OF
CJS?

- It is relevance it is because the process of the criminal to enter into

the system, the offender is already screened so that criminal
complaint that does not have a probable cause is not given due
course and would lead to dismissal.

- The effect of preliminary investigation in the CJS is to reduce the

backlog and congestion of cases in our courts.
COMPLAINT INFORMATION
accusation in writing accusation in writing
charging a person with an offense charging a person with an offense
subscribed by offended party or any peace subscribed by the prosecutor
officer.

a complaint will become INFORMATION after the

examination by the prosecutor if there is a probable cause
and would recommend for court trial
HOW PROSECUTION OF CRIMINAL OFFENSES INITIATED

A. For offenses that DO NOT requires Preliminary Investigation

the criminal complaint is instituted by filing at the office of the Public Prosecutor
(provinces, metro manila or chartered cities).

1. Filing of the Complaint or Information:

The offended party or the prosecutor may directly file a complaint or information in
court without undergoing preliminary investigation. This is common for certain
offenses where a preliminary investigation is not mandatory.

2. Issuance of Warrant of Arrest or Summons:

If the court finds the complaint or information to be sufficient, it may issue a warrant
of arrest or summons to the accused. The warrant of arrest is issued when the
accused is not yet in custody.
3. Arraignment:

The accused is brought to court for arraignment. During arraignment,

the charges are read, and the accused is asked to enter a plea (guilty
or not guilty). If the accused pleads not guilty, the case proceeds to
trial.

4. Pre-Trial:
A pre-trial conference is conducted to narrow down the issues,
stipulate facts, and explore the possibility of settling the case. The
court may also encourage the parties to enter into a plea bargaining
agreement.
5. Trial:
The trial proceeds where both the prosecution and defense present evidence and
arguments. Witnesses are examined and cross-examined, and documents are
submitted as evidence.

6. Judgment:
After the trial, the court renders a judgment based on the evidence presented. If the
accused is found guilty, a sentence is imposed.

It's important to note that specific procedures may vary depending on the nature of
the offense and the court handling the case. Legal practitioners and prosecutors
should refer to the applicable laws and rules, such as the Revised Rules of Criminal
Procedure in the Philippines, for guidance on the procedures to follow in specific
situations.
B. FOR OFFENSE THAT REQUIRES PRELIMINARY INVESTIGATION

1. Report and Initial Assessment

A crime or incident is reported to law enforcement.
The police conduct an initial assessment to determine if there is
enough evidence to proceed with an investigation.

2. Filing a Complaint
If the police find sufficient evidence, a formal complaint may be filed
with the appropriate prosecuting authority.
3. Preliminary Investigation
The prosecutor's office or investigating agency conducts a
preliminary investigation to gather additional evidence.
This may involve interviewing witnesses, collecting documents,
analyzing forensic evidence, and other investigative activities.

4. Legal Review
The prosecutor reviews the evidence gathered during the
preliminary investigation to determine if there is enough evidence
to file formal charges.
The prosecutor also assesses the strength of the case and the
likelihood of a successful prosecution.
5. Charging Document
The prosecutor prepares a charging document, such as an
information or indictment, specifying the charges against the
defendant.

6. Pre-Trial:
A pre-trial conference is conducted to narrow down the issues,
stipulate facts, and explore the possibility of settling the case. The
court may also encourage the parties to enter into a plea bargaining
agreement.
5. Trial:
The trial proceeds where both the prosecution and defense present
evidence and arguments. Witnesses are examined and cross-
examined, and documents are submitted as evidence.

6. Judgment:
After the trial, the court renders a judgment based on the evidence
presented. If the accused is found guilty, a sentence is imposed.
C. FOR THE PRIVATE CRIMES, the same cannot be instituted
unless the private offended party gives the consent or initiates the
filing of the complaint against the offender or in the absence or
incapacity of the offender to initiate the filing of the complaint, by
those ensumerated under the rules.

D. For offenses whose penalty do not exceed imprisonment of

1(one) year regardless of fines, and the offender is not a
corporation, the same shall undergo the required conciliation
proceedings at the KATARUNGAN PAMBARANGAY
REASONS WHY PROSECUTION COULD LEAD TO
REJECTION AND DISMISSAL OF CRIMINAL CASES:

1. Insufficient evidence that results from a failure to find sufficient physical

evidence that links the defendant to the offense.

2. Witness problem that arises, fro example, when a witness fails to appear,
gives unclear or inconsistent statement, is relunctant to testify, is unsure of
identity of the offender.

3. Due process problems that involve the violations of the constitutional

requirements for seizing evidence and for the questioning of the accused
FACTORS THAT MAY INFLUENCE PROSECUTORIAL
DECISIONS:

1. Pressure from the public

2. pressure from the media
3. the desire to get rid of a suspect who is a particular problem to the
community
4. the belief that new evidence would be discovered and that such
evidence would be favorable to the suspect
5. the nature of the complaint and the attitude of the offended party
6. the seriousness of the offense
7. the exchange of the relationship among components of the CJS as well
as the congestion within and the resource demands placed upon the
system
PROSECUTOR HAVE A GREATER
DISCRETION COMPARE TO THE POLICE

Prosecutor has given greater discretion than the police.

They may refuse to file formal charges against those
arrested, hence minimizing or influencing the arrest power
or decision making of the police
EFFECT OF THE PROSECUTOR’S DICRETION TO
THE POLICE’S PERFORMANCE OF DUTY

Though the prosecutor has no direct control over the police, the
power to decline the prosecution may affect the way of police power
and operation

If the prosecutor often refuses to prosecute certain types of cases,

the police may stop making the arrests when suspects appear to
have violated those offenses. On the other hand, vigorous
prosecution of some kinds of offenses might encourage the police to
be more diligent in arresting for those offenses.