Prosecution Pillar

• Prosecutor


  Lawyer of the government in criminal cases, considered an officer of the court, and a member of the Department of Justice (DOJ) which is under the executive branch of the government
• Prosecution of criminal actions


  1. Commenced by complaint or by information

  2. Prosecuted under the direction and control of a public prosecutor

  3. Prosecutor decides whether to formally set in motion the cycle of criminal justice and control the criminal case before it reaches the court
• Prosecutor


  • Actively involved in the investigation of crimes
  • Can commence an investigation upon receiving report from a law enforcement agency or a private party
• Coordination between prosecutors and police

  Ensures that the evidence collected stands up to judicial scrutiny even at the early stages of a case
• Courts rely heavily on the evidence submitted by the prosecution panel, which comprises the work of both the police and prosecutor</b>
• Prosecution panel


  1. Obliged to ensure that the witnesses appear in court as required

  2. Evidence is stored correctly

  3. There are no undue delays from the side of the prosecution that may upset the hearing schedule
• Private prosecutors


  • Allowed once they get approval from the Chief State Prosecutor (CSP) or a Regional State Prosecutor (RSP)
  • Can act either as lead prosecutor or assistant prosecutor
  • Authority lasts until the trial is completed, unless it is revoked
• Prosecution


  Occupies a unique position in the criminal justice system of the Philippines
• Prosecutor


  • Serves as lawyer of the government in criminal cases
  • Considered an officer of the court
  • Member of the Department of Justice (DOJ), which is under the executive branch of the government, thus independent from the judiciary
• Criminal actions


  1. Commenced by complaint

  2. Commenced by information

  3. Prosecuted under the direction and control of a public prosecutor
• Prosecution


  Occupies the second pillar of the criminal justice system
• Police initiate the process to make the criminal justice system work


  Prosecutor decides whether to formally set in motion the cycle of criminal justice and control the criminal case before it reaches the court for final proper dispensation of justice
• Public prosecutor


  • Actively involved in the investigation of crimes
  • Can commence an investigation upon receiving report from a law enforcement agency or a private party
• Coordination between prosecutors and police


  Ensures that the evidence collected stands up to judicial scrutiny even at the early stages of a case
• Courts


  Rely heavily on the evidence submitted by the prosecution panel, which comprises the work of both the police and prosecutor
• Prosecution panel


  Obliged to ensure that the witnesses appear in court as required, evidence is stored correctly and that there are no undue delays from the side of the prosecution that may upset the hearing schedule
• Prosecutor


  Has direct control in prosecuting all criminal actions
• Private prosecutors


  • Allowed once they get approval from the Chief State Prosecutor (CSP) or a Regional State Prosecutor (RSP)
  • Can act either as lead prosecutor or assistant prosecutor
  • Authority lasts until the trial is completed, unless it is revoked
• National Prosecution Service (NPS)


  Established under PD 1275 of 1978, under direct supervision of the Secretary of the DOJ, empowered to investigate and prosecute all crimes described by the RPC
• Republic Act No. 10071


  An Act Strengthening and Rationalizing the National Prosecution Service
• Power of the Secretary of Justice (Sec 4, RA 10071)


  Authority to act directly on any matter involving national security or a probable miscarriage of Justice within the jurisdiction of the prosecution staff, regional prosecution office, and the provincial prosecutor or the city prosecutor and to review, reverse, revise, modify or affirm on appeal or petition for review as the law or the rules of the Department of Justice (DOJ) may provide, final judgements and orders of the prosecutor general, regional prosecutors, provincial prosecutors,and city prosecutors
• National security


  Crimes against national security as provided under the Penal Code, Book II, Title 1, and other cases involving acts of terrorism as defined under the Human Security Act under Republic Act No. 9372
• The Prosecution Staff and its Functions (Sec 4, RA 10071) There shall be in the office of the Secr- etary of Justice a prosecution staff that shall be composed ofprosecuting officers in such number as herein below determined. It shall be headed by a Prosecutor General who shall be assisted by the following: (a) Five (5) Senior Deputy State Prosecutors; (b) Five (5) Deputy State Prosecutors; (c) Thirty five (35) Senior Assistant State prosecutors; (d) Eighty (80) Assistant State Prosecutors; and (e) Twenty (20) Prosecution Attorneys
• Prosecution Staff


  Under the control and supervision of the Secretary of Justice
• Functions of the Prosecution Staff

  • Assist the secretary of Justice in the exercise of his/her appelate jurisdiction
  • Conduct the preliminary investigation and prosecution of criminal cases involving national security, those for which task forces have been created and criminal cases whose venues are transferred to avoid miscarriage of justice, all when so directed by the Secretary of Justice as public interest may require
  • Act as counsel for the People of the Philippines in any case involving or arising from a criminal complaint investigated by any of its prosecutors and pending before any trial court
  • Investigate administrative charges against prosecutors, other prosecution officers and members of their support staff
  • Prepare legal opinions on queries involving violations of the Revised Penal Code and special penal laws
  • Monitor all criminal cases filed with the office of the Prosecutor General; maintain an updated record of the status of each case, and adopt such systems and procedures as will expedite the monitoring and disposition of cases
• Provincial Prosecutor or City Prosecutor


  There still be for each province or city a Provincial Prosecutor or city Prosecutor, as the case may be, who shall be assisted by at least one (1) Deputy Provincial Prosecutor or Deputy City Prosecutor and such number of assistant and associate prosecutors as provided for hereinafter
• Creation of new province or city

  1. It shall have a provincial prosecutor or city prosecutor

  2. It shall have a deputy provincial prosecutor or deputy city prosecutor

  3. It shall have such number of assistant and associate prosecutors as there are court branches therein at the ratio of two (2) prosecutors for each branch of regional trial court

  4. It shall have one (1) prosecutor for each branch of metropolitan trial court or municipal trial court in cities

  5. It shall have one (1) prosecutor for every two (2) municipal trial courts in municipalities or branches thereof municipal circuit trial courts
• Regional Prosecution Office


  Established in each administrative region except the National Capital Region (NCR), headed by a Regional Prosecutor assisted by one Deputy Regional Prosecutor, one Senior Assistant Regional Prosecutor, three Assistant Regional Prosecutors, and one Prosecution Attorney
• Powers and Functions of the Regional Prosecutor

  1. Implement policies, plans, programs, memoranda, orders, circulars and rules and regulations of the DoJ relative to the investigation and prosecution of criminal cases in his/her region

  2. Exercise immediate administrative supervision over all provincial and city prosecutors and other prosecuting officers for provinces and cities comprised within his/her region

  3. Prosecute any case arising within the region

  4. When so delegated by the Secretary of Justice, resolve with finality appeals from or petitions for review of judgements and orders of provincial and city prosecutors and their assistants within the region in cases where the offenses charged are cognizable by the municipal trial court

  5. Designate a prosecutor from any office of the provincial or city prosecutor within the region as Acting Provincial or City Prosecutor to investigate and prosecute a case in instances where parties question the partiality or bias of a particular city or provincial prosecutor or where the city or provincial prosecutor voluntarily inhibits himself/herself by reason of relationship to any of the parties within the sixth (6th) civil degree of consanguinity or affinity
• Provincial Prosecutor or City Prosecutor


  Law officer of the province or city
• Powers and Functions of the Provincial Prosecutor or City Prosecutor

  1. Investigate and/or cause to be investigated all charges of crimes, misdemeanors and violations of penal laws and ordinances within their respective jurisdictions

  2. Have the necessary information or complaint prepared or made and filed against the persons accused

  3. Receive the statements under oath or take oral evidence of witnesses

  4. Summon witnesses to appear and testify under oath before him/her

  5. Enforce the attendance or evidence of an absent or recalcitrant witness by application to any trial court

  6. Have charge of the prosecution of all crimes, misdemeanors and violations of city or municipal ordinances in the courts at the province or city

  7. Discharge all the duties incident to the institution of criminal actions, subject to the provisions of second paragraph of Section 5 hereof
• The provincial prosecutor shall:
• PRELIMINARY INVESTIGATION Is an inquiry or proceeding for the purpose of determining whether there is a sufficient ground toengender to a well- founded belief that a crime cognizable to the RTC has been committed and that the respondent is probably guilty thereof and should be held for trial
• PURPOSES OF PRELIMINARY INVES- TIGATION 1. To protect the innocent against, hasty, opp- ressive and malicious prosecution 2. To secure the innocent from open and public accusation of trial, from trouble expense and anxiety of apublic trial. 3. To protect the state from useless and expe- nsive trials.
• Officers authorized to conduct Preli- minary Investigation (Revised Rules on Criminal Procedure Sec. 2 Rule 112) (a) Provincial or City Prosecutors and their assistants; (b) National and Regional State Prosecutors; and (c) Other officers as may be authorized by law.
• Preliminary investigation process


  1. Filing of the sworn, complaint – affidavit together with supporting documents

  2. NO GROUND to continue with the Inquiry dismissal of the complaint

  3. WITH GROUND to continue with the inquiry subpoena respondent (s)

  4. Submission by the respondent (s) of the sworn counter – affidavit within ten (10) days from receipt of the subpoena

  5. Investigating office may set a hearing to propound clarificatory questions

  6. Investigating officer issues the resolution (recommendatory) within ten (10) days to the city/provincial prosecutor/chief state prosecutor

  7. City/provincial prosecutor/chief state prosecutor acts on the recommendation within (5) days
• Preliminary Investigation


  An inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial
• When Preliminary Investigation is Required


  1. As stated earlier, and in accordance with Rule 112 of the Rules of Court

  2. Except as provided in section 7 of the Rule, 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 amount of fine
• Preliminary Investigation


  1. The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainant and his witnesses, as well as other supporting documents to establish probable cause

  2. The affidavits shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath, or in their absence or unavailability, before a notary public

  3. Within ten (10) days after filing of the complaint, the investigating officer shall either dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents

  4. The respondent shall have the right to examine the evidence submitted by the complainant that he may not have been furnished and to copy them at his expense

  5. Within ten (10) days from receipt of the subpoena, the complaint and supporting affidavits and documents, the respondent shall submit his counter – affidavit and that of his witnesses and other supporting documents relied upon for his defense

  6. If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter – affidavits within the ten (10) days period, the investigating officer shall resolve the complainant based on the evidence presented by the complainant

  7. The investigating officer may set a hearing if there are facts or issues to be clarified from a party or a witness

  8. The hearing shall be held within ten (10) days from submission of the counter – affidavits and other document or from the expiration of the period for their submission. It shall be terminated within five (5) days

  9. Within ten (10) days after the investigation, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial
• Prosecution


  Protects the rights of accused