Clj 2

• Three main functions of the prosecution pillar

  • Conduct Preliminary Investigation
  • Conduct Inquest Proceeding
  • Act as the lawyer of the state in criminal prosecution
• National Prosecution Service (NPS)

  Primarily responsible for the preliminary investigation and prosecution of all complaints involving violations of penal laws under the supervision of the Secretary of Justice
• The NPS is a quasi-judicial organization that was constituted into an autonomous Office of the Prosecutor General</b>
• The Office of the Prosecutor General shall be primarily responsible for the preliminary investigation and prosecution of all complaints involving violations of penal laws, with the exception of cases within the original jurisdiction of the Sandiganbayan
• The Office of the Prosecutor General shall also perform such other functions are now vested in the National Prosecution Service or may hereafter be assigned to said office by law
• The NPS was officially constituted on April 11, 1978 with the issuance of Presidential Decree No. 1275 by late President Ferdinand Marcos
• The Act changes the title Chief State Prosecutor into Prosecutor General who heads the National Prosecution Service
• The role of the government's premier prosecution arm was re-affirmed and fortified under Republic Act No. 10071
• Two-fold role of the National Prosecution Service under RA No. 10071

  • Investigate allegations that a crime has been committed
  • Prosecute all cases involving violations of penal laws
• Public Prosecutor


  Demanded to have utmost diligence, unquestionable honesty, unblemished integrity and quiet dedication to serve the people at all times
• Private Prosecutor


  The private complainant may acquire the services of a private counsel to act as a private prosecutor to protect his civil rights as a result of a felony, but is under the direct control and supervision of the public prosecutor
• Ombudsman (OMB)


  Formerly known as the Tanodbayan, the OMB is created under Section 5, Article XI of the 1987 Constitution with powers and functions including fact-finding investigation, administrative adjudication, preliminary investigation, and public assistance
• Public Attorney's Office (PAO)

  Provides indigent litigants free legal assistance, but is not part of the second pillar (prosecution) of the criminal justice system
• How criminal action is instituted

  1. For offenses where a preliminary investigation is required, by filing the complaint with the proper officer for the purpose of conducting the requisite preliminary investigation

  2. For all other offenses, by filing the complaint or information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor
• The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws
• Prescription of crimes (Article 90 RPC)

  • 20 years for Death, Reclusion Perpetua and Reclusion Temporal
  • 15 years for Afflictive Penalties
  • 10 years for Correctional Penalties
  • 5 years for Arresto mayor
  • 1 year for Libel
  • 6 months for oral defamation/slander by deed
  • 2 months for light offenses
• Complaint


  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
• Barangay Certification is required when the offense charged is punishable by imprisonment not exceeding one (1) year or a fine not exceeding Five Thousand Pesos (5,000.00) and the parties to the case are all residents of the same city or municipality
• The absence of a barangay certification shall not be a ground for the dismissal of the complaint
• Information


  An accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court
• Clojure is a dialect of Lisp