ROWENA E.
MOJARES
Faculty member
College of Criminal Justice Education
Lyceum of the Philippines University
PROSECUTION PILLAR
PROSECUTION
It is the institution or continuance of a criminal
suit involving the process of exhibiting formal
charges an offender before a legal tribunal and
pursuing to final judgment on behalf of the
state or government.
PROSECUTION
It is the process or method whereby
accusations are brought before a court of
justice to determine the innocence or guilt of
the accused.
FUNCTIONS OF PROSECUTORS
To conduct preliminary investigation
To make proper recommendations during the
inquest of the case referred to them by the
police after investigation of a suspect.
To represent the government or the state
during the prosecution of the case against the
accused in the absence of a private prosecutor
under his supervision and control.
FUNCTIONS OF PROSECUTORS
To act as law officer of the province or city in
the absence of legal officer, and his legal
adviser of all political instrumentality and their
officials.
To investigate administrative cases filed
against the state prosecutor, provincial city
prosecutor.
AGENCIES COMPRISING PROSECUTORIAL
FUNCTION
National Prosecution Service (NPS)
Office of the Special Prosecutor
Office of the Ombudsman
Judge Advocates General’s Office
NATIONAL PROSECUTION SERVICE
Main prosecution arm of the government
Under the supervision and control of DOJ
NATIONAL PROSECUTION SERVICE
Nationwide organization:
State prosecutors
Regional prosecutors
Provincial prosecutors
City/ municipal prosecutors
NATIONAL PROSECUTION SERVICE
Mandated to maintain and uphold the rule of
law through the effective and expeditious
delivery of prosecutorial services in order to
enhance peace and order.
NPS are tasked to investigate and prosecute all
criminal offenses
NATIONAL PROSECUTION SERVICE
Also exercise the following functions:
Investigates, resolves or recommends disciplinary action
on all administrative cases against their members
Renders opinions or queries from Prosecutors
Acts as Vice-chair of Board of Canvassers of the Comelec
Acts as Law officer of the province or city in the absence
of a legal officer and legal adviser
Acts as a Registrar of Deeds in the absence of proper
authority
Represents the office of the solicitor general and
deputized Special Prosecutor of the Ombudsman and
Comelec
OTHER PROSECUTION BODIES
Office of the Ombudsman
Has primary jurisdiction to
conduct preliminary
investigation and
prosecution of all cases
cognizable by the
Sandiganbayan.
Samuel Reyes Martires,
the sixth Ombudsman of
the Republic of the
Philippines,
POWERS, FUNCTIONS AND DUTIES
1. Investigate and prosecute on its own or on
complaint by any person, any act or omission of any
public officer or employee, office or agency, when
such act or omission appears to be illegal, unjust,
improper or inefficient. It has primary jurisdiction over
cases cognizable by the Sandiganbayan and, in the
exercise of his primary jurisdiction, it may take over, at
any stage, from any investigatory agency of
Government, the investigation of such cases (Sec.
15(1) R.A. No. 6770; see also Sec. 13(1), Article XI,
1987 Constitution);
POWERS, FUNCTIONS AND DUTIES
2. Direct, upon complaint or at its own
instance, any officer or employee of the
Government, or of any subdivision, agency or
instrumentality thereof, as well as any
government-owned or controlled corporations
with original charter, to perform and expedite
any act or duty required by law, or to stop,
prevent, and correct any abuse or impropriety
in the performance of duties (Sec. 15(2) R.A.
No. 6770; Sec 13(2) Article XI, 1987
Constitution);
3. Direct the officer concerned to take
appropriate action against a public officer or
employee at fault or who neglects to perform
an act or discharge a duty required by law, and
recommend his removal, suspension,
demotion, fine, censure, or prosecution, and
ensure compliance therewith; or enforce its
disciplinary authority as provided in Section 21
or this Act:
Provided, That the refusal by any officer without
just cause to comply with an order of the
Ombudsman to remove, suspend, demote, fine,
censure, or prosecute an officer or employee
who is at fault or who neglects to perform an
act or discharge a duty required by law shall be
ground for disciplinary action against said
officer (Sec. 15(3) R.A. No. 6770; see also Sec
13(3), Article XI, 1987 Constitution);
4. Direct the officer concerned, in any
appropriate case, and subject to such
limitations as it may provide in its rules of
procedure, to furnish it with copies of
documents relating to contracts or transactions
entered into by his office involving the
disbursement or use of public funds or
properties, and report any irregularity to the
Commission on Audit for appropriate action
(Sec. 15(4) R.A. No. 6770; see also Sec. 13(4),
5. Request any government agency for
assistance and information necessary in the
discharge of its responsibilities, and to
examine, if necessary, pertinent records and
documents (Sec. 15(5), R.A. No.6770; see also
Sec. 13(5), Article XI, 1987 Constitution);
OTHER PROSECUTION BODIES
Judge Advocate General Services, AFP
General courts martial are given jurisdiction to try
military members and all persons subject to
military law under Art. 2 of the Articles of War
Colonel Marian C. Aledio was
appointed as the military's new chief
legal adviser, replacing Brigadier
General Gilberto Jose Roa
OTHER PROSECUTION BODIES
Comelec
Through its duly
authorized legal
officers have the
exclusive power to
conduct preliminary
investigation of all
election offenses and
to prosecute the
same.
OTHER PROSECUTION BODIES
Special Counsels/ Special Prosecutor
May be designated by the Secretary of Justice
PROSECUTORIAL DISCRETION
Filing of a case in court against the accused for
trial on the merits
To drop or dismiss the case after conducting
preliminary investigation for lack of merit or
insufficiency of evidence
PROSECUTORIAL DISCRETION
To enter into agreement with the defense
counsel for the consideration and approval of
the court.
To recommend reduced charges and bail in
favor of the accused.
PRELIMINARY INVESTIGATION (PD 911)
It is 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.
OFFICERS EMPOWERED TO CONDUCT
PRELIMINARY INVESTIGATION
National and Regional State Prosecutors
Provincial and City Prosecutors
Such other officers that may be authorized by
law
PURPOSE OF PRELIMINARY INVESTIGATION
To protect the innocent against hasty,
oppressive, and malicious prosecution
To secure the innocent from open and [public
accusation of trial, from trouble expense and
anxiety of a public trial.
To protect the state from useless and expensive
trials
IMPORTANT FACTORS THAT INFLUENCE THE
PROSECUTOR TO CHARGE A PERSON WITH A CRIME
the legal strength of the case
the suspect is in fact guilty
the willingness of the witness/es to testify
the likelihood that the prosecutor can legally
prove the defendant’s guilt
PD 911
this also empowers the secretary of justice to
review resolutions of provincial or chief state
prosecutor without requiring another
preliminary investigation.
PROBABLE CAUSE
It refers to such facts and circumstances
antecedent to the issuances of the warrant that
in themselves are sufficient to induce a
cautious man to rely on them and act in
pursuance thereof.
PROBABLE CAUSE
It consists of a reasonable ground of suspicion
supported by circumstances sufficiently strong
in them to warrant a cautious man in believing
accused to have committed the offense.
NOLLE
It is a request made by the court for approval to
terminate further criminal prosecution against
a suspect.
NOLLE PROSEQUI
It is the prosecutor’s authority to engage in
plea-bargaining based on his or her ability to
dismiss charges against a defendant at any
point short of trial completion.
OBJECTIVES OF NOLLE
to reduce case overload
to reduce court backlog
to reduce delay in bringing the defendant to
trial
PLEA BARGAINING
It is the process whereby the accused and the
prosecutor in a criminal case worked out in a
mutually satisfactory disposition of a case
subject to court approval.
PROCESS OF PLEA BARGAINING
Conceptually, the process of plea bargaining is
entered into between the prosecutor and the defense
lawyer before an accused is arraigned. Hence, it can
be defined as the process of negotiating between the
defense counsel and prosecutor, aimed at reaching an
agreement whereby the prosecutor uses discretion to
obtain from the judge a lighter sentence in exchange
for the defendant’s entering a plea of guilty.
PROSECUTOR’S INCENTIVE TO PLEA-
BARGAINING:
The incentive to achieve an easy victory
It is a sign of prosecutorial effectiveness and
efficiency
A stepping stone to promotion because of a
good “batting average” in the number of
convictions.
