MODULE 9

PROSECUTION PILLAR OF CJS

Prosecution, or 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.

In the rural areas, the PNP may file the complaint with the inferior courts (MTC, or the MCTC). Once a prima facie case has been determined, the complaint is
forwarded to the City or Provincial Prosecutor’s office, which will review the case. When the complaint has been approved for filing with the Regional Trial Court, a
warrant of arrest for the accused will be issued by the court once the information has been filed.

WHAT IS PROSECUTION?
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 Provincial Prosecutors, City Prosecutor, Regional Prosecutors, and State
Prosecutors placed under the supervision and control of DOJ.

The National Prosecution Service is the official prosecutorial agency of the Philippines. The National Prosecution Service was created by virtue of Presidential Decree
No. 1275, in 1978. P.D. No. 1275 was later amended and repealed by Republic Act No. 10071, or the Prosecution Service Act of 2010, which strengthened the powers
and organization of the National Prosecution Service.

What is the primary responsibility of NPS?

NPS is primarily responsible for the preliminary investigation and prosecution of all cases involving violations of penal laws under the Chief of State Prosecutor.

Who is the head of the NPS?

The head of the NPS is the Prosecutor General, who is formerly called as the Chief State Prosecutor.

COMPONENTS OF PROSECUTION

WHO IS PROSECUTOR?
Refers to the person who is quasi-judicial officers which assures full discretion and control over a criminal case in the administration of justice and represents the
government or people of the Philippines in a criminal proceeding in the court of law.

ROLES OF PROSECUTORS IN PROSECUTION PILLAR OF CJS

● Prosecutor is the one who decides whether the person arrested or suspected be in the sit of the criminal justice process.
● Prosecutor determines whether the evidence gathered by the police meets the standard of proof for successful prosecution and conviction.
● Prosecutors are gatekeepers in the Criminal Justice System. They have significant discretion to decide whether to press charges and what those charges will
be.

Private lawyers should also be deemed part of the CJS Prosecution Pillar because they already represent the parties (the complainant or the respondent) even in
proceedings before the Prosecutors. So also, public defenders - such as the members of the Public Attorney’s Office (PAO) and other Legal Aid Lawyers - should also
be considered as part of the Prosecution Pillar.

PUBLIC PROSECUTOR
Shall prosecute all criminal actions either commenced by complaint or information.
The public officer may turn over the actual prosecution of the criminal case to the private prosecutor.

VS

PRIVATE PROSECUTOR
Private prosecutor may be authorized in the case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors.
Private prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the
approval of the court.
MODULE 10

THE PROSECUTION PROCESS

1. The prosecution of crimes committed shall be determined by the prosecutor as to what court has the jurisdiction over the offense committed.
2. For crimes committed which carries six (6) years imprisonment or below- the complaint may be filed directly to the court that has jurisdiction over it. Such as: MTC,
MCTC or to the Prosecutor’s Office.
3. For Metropolitan Cities and chartered cities the complaint may be filed only with the office of the Prosecutor. For offenses falling under the jurisdiction of the RTC,
Such as: RAPE, MURDER, HOMICIDE or has a penalty above six (6) years - the filing of complaint must be in the PROSECUTOR’S OFFICE for the purpose of conducting

PRELIMINARY INVESTIGATION.

What is Preliminary Investigation?

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.

If during the preliminary investigation the investigating prosecutor finds no probable cause he should accomplish the following:
● Recommend the release of the arrested or detained person.
● Note down the disposition of the case on the referral document.
● Prepare a brief memorandum indicating reasons for the action taken.
● Forward the records of the case to the city or provincial prosecutor.
● Approved the release of the detained person.

Who are the officers authorized to conduct preliminary investigations?

The following may conduct preliminary investigations:
● Provincial or City Prosecutors and their assistants;
● National and Regional State Prosecutors; and
● Other officers may be authorized by law.

Per A.M. 05-8-26 of the SUPREME COURT: Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts are NO LONGER ALLOWED to conduct preliminary
investigation.

Take note: 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

What is Inquest Proceedings?

An informal and summary investigation conducted by a public prosecutor in a criminal case involving persons arrested and detained without the benefit of a warrant
of arrest issued by the court, for the purpose of determining whether or not the persons should remain under custody and correspondingly be charged in court.

Sec. 7 When accused lawfully arrested without warrant. — When a person is lawfully arrested without a warrant involving an offense which requires a preliminary
investigation, the complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance
with existing rules. In the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a peace office directly with the
proper court on the basis of the affidavit of the offended party or arresting officer or person.

Section 2. 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.

Section 5, Rule 110 of the Revised Rules of Criminal Procedure which provides:
Section 5. Who must prosecute criminal action? - All criminal actions either commenced by complaint or by information shall be prosecuted under the
direction and control of a public prosecutor. In case of heavy work schedule of the public prosecutor or in the event of lack of public prosecutors, the private
prosecutor may be authorized in writing by the Chief of the Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval of the
court. Once so authorized to prosecute the criminal action, the private prosecutor shall continue to prosecute the case up to the end of the trial even in the absence
of a public prosecutor, unless the authority is revoked or otherwise withdrawn.

Place Where Criminal Action Is to Be Instituted.

(a) Subject to existing laws, the criminal action shall be instituted and tried in the court of the municipality or territory where the offense was committed or
where any of its essential ingredients occurred.
(b) Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried
in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including the place of its departure and arrival.
(c) Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of
entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law.
(d) Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal action is
first filed.

Two Stages of Preliminary Investigation:

1. Preliminary Examination Stage – inquisitorial in nature – prosecutor decides whether to file charges or not based on evidence presented; and
2. Preliminary Investigation Proper – accusatorial in nature – the charges filed against the person was given merit and the same person is given the chance to file
counter affidavit to disprove allegation while maintaining the principle of “presumption of innocence”.

LESSON 11

When Complaint and Information is Sufficient?

Information and Complaint is sufficient if it states the following:

1. The name of the accused

● The information and complaint must state the name and surname of the accused or any appellation or nickname by which he has been or is known. If his name
cannot be ascertained, he must be described under a fictitious name with a statement that his true name is unknown.

2. The designation of the offense as defined by statute

● The information and complaint shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its
qualifying and aggravating circumstances.

3. The acts or omissions complained of as constituting the offense

● The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise
language and not necessarily in the language used in the statute but in terms sufficient to enable a charged as well as its qualifying and aggravating
circumstances and for the court to pronounce judgment.

4. The place of the commission of the offense

● The information and complaint are sufficient if it can be understood from the allegations that the offense was committed or some of the essential ingredients
occurred at some placed within the jurisdiction of the court, unless the particular place where it was committed constitutes an essential element of the offense
or is necessary for its identification.

5. The approximate date of the commission of the offense

6. The name of the offended party

● The information and complaint must state the name and surname of the person against whom or against whose property the offense was committed or any
appellation or nickname by which person has been or is known.

Take note: When an offense is committed by more than one person, all of them shall be included in the complaint or information.

What are the Effects and Nature of a Preliminary Investigation?

1. It is merely inquisitorial
2. It is the only means of discovering whether the offense has been committed and the persons responsible for it.
3. It enables the fiscal to prepare his complaint and information.
4. It is not a trial on the merits.
5. It determines whether there is probable cause to believe that ab offense has been committed and the accused is probably guilty of it.
6. It does not place the accused in double jeopardy.
7. It does not affect the jurisdiction of the court only the regularity of the proceedings.
8. The accused cannot assert lack of preliminary investigation. Court cannot dismiss the case based on this ground it should conduct the investigation or order the
fiscal or lower court to do it.
9. Preliminary investigation may be waived.
10. The accused should invoke the right to P.I before plea, otherwise it is deemed waived.
11. The accused doesn’t have a full gamut of rights yet. He doesn’t have the right to counsel unless a confession is being obtained from him.
12. There is no right to confront witnesses against him.