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
• Public Assistance
• Enhance efficiency, effectiveness, transparency,
accountability, and responsiveness.
The Department of Justice (DOJ)
The Department of Justice (DOJ) obtains its functions
from Executive Order No. 292 (Administrative Code of 1987).
Its mandate is to uphold the rule of law and ensure the
effective and efficient administration of justice. It is the
principal law agency and legal counsel of the government. It is
headed by the Secretary of Justice, assisted by three
Undersecretaries, three Assistant Secretaries, the Chief State
Prosecutor, the Chief State Counsel, the Bureau of Corrections,
the Board of Pardons and Parole, and Support Services namely
the Technical Staff, Financial and Management Service,
Administrative Service and Management Service Office.
National Prosecution Service (NPS)
Assists the Secretary of Justice in the performance of
powers and functions of the Department relative to its role as
the prosecution arm of the government, particularly
investigation and prosecution of all criminal cases, except
those under the exclusive jurisdiction of the office of the
Ombudsman.
Officially constituted on April 11, 1978, with the
issuance of Presidential Decree No. 1275 by late President
Ferdinand Marcos Sr. The NPS consists of the Office of the
Chief State Prosecutor and the offices of the Regional State
Prosecutor, Provincial, and City Prosecutors. It likewise
abolished the position title of “fiscal” to “prosecutor” to reflect
more accurately the position’s basic functions.
National Prosecution Service (NPS)
In the passage of RA No. 10071, An Act Strengthening
and Rationalizing the National Prosecution Service. The Act
changes the title Chief State Prosecutor into Prosecutor
General who heads the National Prosecution Service.
Prosecutor General is assisted by five Senior Deputy
State Prosecutors (Formerly Assistant Chief State Prosecutors)
and a host of Senior Assistant State Prosecutors, Assistant
State Prosecutors, and Prosecution Attorneys. Regional,
Provincial, and City Prosecution Offices remain the same as
constituted in PD No. 1275.
The role of the government’s premier prosecution arm
was reaffirmed and fortified under Republic Act No. 10071.
Note: The NPS is under the supervision and control of the DOJ, NPS is considered as
the prosecutorial arm of the government.
1. To conduct Preliminary Investigation
2. To make proper recommendation during Inquest of
a case
3. To represent the government of state during the
prosecution of a case
4. To act as a Law Officer of the province or city in
the absence of Legal officer
5. To investigate Administrative Cases filed against
State Prosecutor
WHO MUST PROSECUTE
CRIMINAL ACTION?
•Allcriminal action either commenced by
complaint or by information shall be
prosecuted under the direction and control of
a public prosecutor.
• Ex.
Ombudsman – over administrative cases filed
against government officers or employees and
can impose administrative penalities
PRELIMINARY INVESTIGATION
PROCESS
1. Filing
of the complaint/sworn complaint-
affidavit of the complainant with
supporting documents
5. Determination by the
investigating officer
• Within ten (10) days from the
termination of the investigation, the
investigating prosecutor prosecutor
shall determine whether or not there is
sufficient ground to hold the
respondent for trial.
5.1 Resolution of investigator prosecutor
Complaint Information
•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
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)