MODULE 9-15

SUMMARY
PREPARED BY: GABRIEL R. ALBACITE, RCRIM
PROSECUTION PILLAR OF
CJS
• Prosecution - the second (2nd) pillar, is primarily
concerned with the investigation of the complaint
filed before its office. It is the second component
that takes care of the investigation of complaints.
• It refers to the process wherein the accusation is
brought before the court of justice to determine
the guilt or innocence of the accused.
 National Prosecution Service
- is the prosecution arm of the government
Composed of:
 City prosecutor
 Provincial prosecutor
 Regional prosecutor and;
 State prosecutor
- under the control and supervision of Department
of Justice
- headed by Prosecutor General
WHO IS PROSECUTOR?
 -Refers to the person who is quasi-judicial officers which
assures full discretion and control over a criminal case.
Represents the government or people of the Philippines in a
criminal proceeding in the court of law.
 ROLES OF PROSECUTORS
 Is the one who decides whether the person arrested or
suspected be in the sit of the criminal justice process.
 Determines whether the evidence gathered by the police
meets the standard of proof for successful prosecution and
conviction.
 Are gatekeepers in the Criminal Justice System.
PUBLIC PROSECUTOR
-Is the one who takes charge or prosecute all criminal actions.

Can a private prosecutor may take charge or can prosecute criminal

actions same as the role of public prosecutor ?

-ans. Private prosecutor may authorized in the case if the public

prosecutor has a heavy work load or if there is a lack or absence of
public prosecutor provided that there is an authorization letter by the
Chief of state or regional state prosecutor and it must be approved by
the Court.
PRIVATE LAWYER AND PAO LAWYERS are also part of the prosecution
pillar of our criminal justice system.
 Preliminary investigation
It refers to an inquiry or proceeding for the purpose of determining
whether there is sufficient ground to engender a well-founded
belief that a crime cognizable by the Regional Trial Court has been
committed and that the respondent is probably guilty thereof, and
should be held for trial.

The following are the person authorized to conduct preliminary

investigation:
 Provincial or City prosecutor and their assistants.
 National and Regional state prosecutor.
 Other officers authorized by law.
MTC & MCTC no longer allowed to conduct Preliminary
investigation.
Take note: The required penalty for the preliminary investigation to
be conducted is atleast 4 years , 2 months and 1 day
 INQUEST PROCEEDINGS
- It is an informal and summary investigation
conducted by the public prosecutor.
 for the purpose of determining the validity of
arrest.
who are the person subject for inquest ?
 are thos person who is arrested and detained
without the benefit of warrant of arrest.

The Complaint or information.

 The complaint or information shall be in writing, in
the name of the People of the Philippines and
against all persons who appear to be responsible
for the offense involved.
What is a Complaint?
 A complaint is a sworn written statement charging a person with
an offense, SUBSCRIBED by the OFFENDED PARTY, any PEACE
OFFICER, or other PUBLIC OFFICER charged with the enforcement
of the law violated.

What is an Information?
 An information is an accusation in writing charging a person with
an offense, SUBSCRIBED by the PROSECUTOR and filed with the
COURT.
 When Complaint and Information is Sufficient?
Information and Complaint is sufficient if it states the following:
 The name of the accused (if the name if the accused is
unknown you can put his fictitious name provided that the
suspect is properly described).
 The designation of the offense as defined by statute
 The acts or omissions complained of as constituting the
offense
 The approximate date of the commission of the offense
 The name of the offended party

 Take note: When an offense is committed by more than one

person, ALL OF THEM shall be included in the complaint or
information.
COURT PILLAR OF CRIMINAL JUSTICE SYSTEM
Court
 It is the 3rd Pillar of Criminal Justice System and stands as the
cornerstone of the system.
 It is the body to which the public administration of justice is
delegated.
 Refers to a place or a tribunal PRESIDED OVER BY A JUDGE or a
magistrate in a civil or
criminal case.
ROLES OF THE COURT TO CONDUCT THE FOLLOWING:
 ARRAIGNMENT AND PLEA
 PRE-TRIAL AND TRIAL
 PRONOUNCE OF JUDGEMENT
 CONSIDERS APPEAL AND MOTION FOR RECONSIDERATION
 GRANTS BAIL IF THE PENALTY IS BAILABLE
 DETERMINES THE PROBABLE CAUSE FOR THE ISSUANCE OF
WARRANT OF ARREST AND SEARCH WARRANT
Judge - refers to the person or a public official appointed to decide cases
in a court of law.
 The Philippine Court System
Supreme Court
 Is the Philippines' highest judicial court and final court of
appeal.
 composed of the Chief Justice and 14 Associate Justices.
Court of Appeals
 reviews the decisions and orders of the Regional Trial Courts
and decisions of the Court of Tax Appeals.
 composed (en banc) of the Presiding Justice and 69 Associate
Justices.
Sandiganbayan
 is a specialized court which has jurisdiction over criminal
and civil cases involving graft and corrupt practices and such
other offenses committed by public officers and employees who
has a salary grade 27.
Court of Tax Appeals
 is a special court of limited jurisdiction involving tax cases.
 composed of a Presiding Justice and 8 Associate Justices.
Shari'a District Courts
 are equivalent in rank to the Regional Trial Courts and are
established in certain specified provinces where the Code of
Muslim Personal Laws of the Philippines is being enforced.
Regional Trial Courts
 It also refers to the highest trial courts in the Philippines. In
criminal matters, they have original jurisdiction.
Municipal Trial Courts
 refers to a court the covers within the municipality.
Municipal Circuit Trial Courts
 are the courts that have two or more minicipalities.
What is Jurisdiction?
 refers to the power or authority given by the law to a court
or tribunal to hear and determine certain controversies.
 Latin term “juris” and “deco” which means “I speak the
law”.
What is Venue?
 is the place of trial or geographical location in which an
action or proceeding should be brought. The place where
trial should be made.
take note: if there is an error with the venue the case may
dismiss because there is lack of territorial jurisdiction over the
person accused.
Classification of Jurisdictions
1. General Jurisdiction – when it is empowered to decide all disputes which may
come before it except to those assigned to other courts.
2. Limited Jurisdiction – when it has the authority to decide and hear only on a
specified case.
3. Original Jurisdiction – when it can hear and decide a case presented for the
first time.
4. Appellate Jurisdiction – when it can take a case already heard and decided by
a lower court removed from the later by appeal.
5. Exclusive Jurisdiction– when it can try a case which cannot be presented
before any court.
6. Concurrent Jurisdiction– when anyone of two or more courts may take
cognizance of a case.
7. Criminal Jurisdiction – that which exists for the punishment of crime.
8. Civil Jurisdiction – that which exists when the subject matter is not a criminal
in nature.
ORGANIZATION OF COURTS:
REGULAR COURTS
• Supreme Court
• Court of Appeals
• Regional Trial Court
• Municipal Trial Court
SPECIAL COURTS
• Court of Tax Appeals
• Sandiganbayan
• Family Courts
• Shari’a Court

Constitutional courts are courts created and mentioned by

theconstitution.
Legislative courts are made in the congress through enactmentof
laws.
3 TYPES OF FEASANCES:
Malfeasance- It is an act done with improper purposes and
with the knowledge that the act being committed exceeds the
authority of the wrongdoer.
EX. A person is being arrested was tortured by the police
officer before they bring him to the police station.

Misfeasance - is the act of engaging in an action or duty but

failing to perform the duty correctly.
EX. Police officer saw a commotion while traversing max suniel
street carmen but he refuse to intervene because his assigned
station is in the Bulua police station.

Nonfeasance - failure to act; especially: failure to do what

ought to be done. For example, if a lifeguard in a resort sees a
client drowning and does not attempt
a rescue.
Certiorari – a writ issued form a Superior Court requiring a
Lower Court or a board or officer exercising judicial functions
to transmit the records of a case to the superior court for the
purpose of review.

Prohibition – a writ by which a superior court commands a

lower court or a corporation, board or person acting without
or in excess of its or his jurisdiction or with grave abuse of
discretion, to desist or to stop from further proceedings in an
action or matter. (gi bawalan mag operate)
Mandamus – an order issued by a superior court
commanding a lower court or a corporation, board, or person
to perform a certain act which it is its or his duty to do.
Mandamus is a Latin word, which means "We Command". ( gi
sugo nga mag operate or mag function sa duty.)
Quo Warranto – an action by the government to recover an
office or franchise from an individual or corporation usurping or
unlawfully holding it. The word Quo-Warranto means "what is
your authority"? (for example like what happen in the ABS-CBN
franchise).

Writ of Habeas Corpus – this writ is issued to produce a person

who has been detained, whether in prison or in private custody,
before a court. "Habeas Corpus" is a Latin term which roughly
means "you may have the body."
An arraignment is usually a defendant's first court appearance in
front of a judge and the prosecutor.
 purpose of the arraignment is to inform the defendant of the
criminal charges against him or her. (buot pasabot dari nga part
sa arraignment is gina basahan ka saimung kaso)
How Is Arraignment Made?
Arraignment is made:
 In open court.
 By the judge or clerk.
 By furnishing the accused with a copy of the complaint or
information.
 Reading it in the language or dialect known to him.
 Asking him whether he pleads guilty or not guilty.
WHAT IS PLEA?
 It is a formal response by the defendant to the affirmative assertions of
the plaintiff in a civil case or to the charges of the prosecutor in a criminal
case. (pasabot sa Plea, after sa arraignment or after ka basahan saimung
kaso pangutan-on dayun ka kung guilty ba ka or not guilty. Ang tawag anang
pag response nimu nga guilty ba ka or dili is mao na ang PLEA.)
 if you PLEAD GUILTY then wala nay trial mahitabo but ug ang emung kaso or
penalty is reclusion perpetua ug mo plead guilty ka DILI PA NA FINAL NGA
GUILTY KA kay need pa na e review sa court ang evidence basta RECLUSION
PERPETUA(20 years and 1 day to 40 years).
 If you refuse to enter a plea, the court enters a PLEA OF NOT GUILTY para
saimuha.
Can the lawyer of the accused enter the plea for him?
 No, the accused must enter the plea himself
Double jeopardy
 is a procedural defense that prevents an accused person
from being tried again on the same (or similar) charges and
on the same facts, following a valid acquittal or conviction.
PRE- TRIAL
 It refers to a proceeding held by a judge, arbitrator before a
trial to clarify issues of law and fact and stipulate certain
matters between the parties.
What is the purpose of a pre-trial?
 The purpose is to expedite proceedings.
TRIAL
 It refers to the judicial examination of the issues in civil or
criminal case by a competent tribunal and the determination
of these issues in accordance with the law of the land.
(determines the innocence or guilt)
JUDGMENT
 It is defined as the adjudication by the court that the accused
is guilty or not guilty of the offense charged and the
imposition on him of the proper penalty and civil liability if any.
What is Verdict?
 It is popularly known as the outcome in a criminal case,
particularly the point at which defendant is either found guilty
or not guilty of the crime.
APPEAL
 Appeal refers to act of asking a higher court to reverse the
decision of a trial court after final judgment or other legal
ruling.
 Appellant is the one who files an appeal. (tao nga nag file)
 Appellee is the party whom the appeal was filed.(naka file na)
JUDGMENT RENDERED BY THE COURT:
1. Conviction – the judgment rendered by the court
pronouncing the accused person as guilty of the crime
charged against him
2. Acquittal – the judgment rendered by the court
pronouncing the accused person as innocent of the crime
charged against him
3. Dismissal – a ruling by the court in which the case is
dropped due to lack of evidence that would warrant
conviction against the accused. This does not mean that the
accused is totally innocent of the crime.

Proof of Guilt Beyond Reasonable Doubt – a degree of proof

required in a criminal case.

THE IDENTIFICATION PART OF THE EXAM IS FOUND IN YOUR

MODULE READ IT WELL !!
STUDY ALSO THE SUMMARY OF P1 EXAM
BECAUSE THERE IS SOME QUESTIONS
APPROXIMATELY 20 QUESTIONS.
GOODLUCK AND GODLESS !!