Module 6

• PROSECUTION


  May refer to the agency responsible in presenting the government’s position in the criminal cases and evaluating evidences presented by the law enforcement.
• FUNCTIONS OF THE PROSECUTION AGENCIES

  1. Evaluate the police findings referred to them, or other complaints filed directly with them by individual persons
  2. File corresponding criminal complaints or information in the proper courts on the basis of their evaluation on the proofs at hand; and
  3. Prosecute all alleged offenders in court, in the name of the people of the Philippines.
• Government agencies

  National Prosecution Service

  Office of the Solicitor General (State Prosecutor)

  Office of the Ombudsman

  Office of the Regional State Prosecutor

  Office of the Provincial, City, and Municipal Prosecutors

  Public Attorneys Office
• Private and NGO’s

  Integrated Bar of the Philippines (IBP)

  Citizens Legal Assistance Office (CLAO)

  Free Legal Assistance Group (FLAG)

  Other legal aid lawyer associations
• Complaint


  legally defined as 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.
• Elements of Complaint and Information

  The name of the accused;

  The designation of the offense committed;

  The act or omission complained of;

  The name of the offended party;

  The approximate time of the commission of the offense; and

  The place where the offense was committed.
• Information


  defined as an accusation in writing charging a person with an offense subscribed by the prosecutor and directly filed with court. By definition, it is only the prosecutors authorized to file information document to the court.
• Complaint - May be filed at the prosecutor's office or directly to the first level courts

  Information - Filed in the court only
• Preliminary Investigation


  refers to an inquiry or proceeding for the purpose of determining

  whether there is a sufficient ground to engender a well-founded belief that

  a crime has been committed and that the suspect/respondent is probably

  guilty thereof, and should be held for trial.
• Probable Cause


  exist when the evidence submitted to the inquest officer engenders a well founded belief that a crime has been committed and that the arrested or detained person is probably guilty thereof.
• Preliminary Investigation is required to be conducted before the filing of the 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.
• Who may conduct preliminary investigation?

  Provincial or city prosecutor and their assistants;

  National and Regional state prosecutors; and

  Other officers as may be authorized by law
• PROSECUTOR’S DISCRETION:

  Whether or not to file the case in court;

  What charges to file

  Whether or not to decline to prosecute the arrested party;

  Whether or not to enter into plea-bargaining
• SOME OF THE REASONS FOR PROSECUTORIAL REJECTION OR DISMISSAL

  OF SOME CRIMINAL CASES:

  Insufficient evidence

  Witness problem

  Due Process Problems
• Insufficient evidence


  that results from a failure to find sufficient physical evidence that links the defendant to the offense.
• Witness problem


  that arise for example, when a witness fails to appear, gives unclear or inconsistent statements, is reluctant to testify, is unsure of identity of the offender.
• Due Process Problems


  that involves the violations of the Constitutional requirements for seizing evidence and for the questioning of the accused.
• Inquest proceedings


  an informal and summary investigation conducted by a public prosecutor in criminal cases 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 said person should remain under custody and correspondingly be charge in court.
• The purpose of the inquest proceedings in these cases is that while the state acknowledges the law enforcers’ authority to arrest and detain persons without a warrant, the state must also ensure that these persons are not unlawfully detained, and that they are not denied due process. The inquest establishes whether the evidence is sufficient enough to seek court approval to keep the person in detention.
• Arraignment


  is the stage of criminal proceeding purposely done to determine the identity of the accused in the court
• Bail


  refers to the security given for the release of a person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as required under the conditions specified by the court.
• Form of bail

  Cash Deposit

  Corporate Surety

  Property Bond

  Recognizance
• Cash Deposit


  the money that is deposited in cash with the nearest collector of internal revenue or to the local treasurer by the accused person or any person acting in his/her own behalf
• Corporate Surety


  a bond subscribed jointly by the accused and an officer duly authorized by the board of directors of any domestic or foreign corporation licensed as a surety provider in accordance with law and currently authorized to act as such
• Property Bond


  an undertaking constituted as a lien on the real property given as security for the amount of bail
• Recognizance


  a written promise to appear in court during any legal proceeding conducted for the purpose of trial or any judicial proceeding of a case under investigation
• Detention


  is the act of restraining one’s liberty
• Detention maybe applied to:

  accused persons who cannot post bail while their case is under trial or

  investigation;

  accused persons who are waiting for the court’s decision of their case;

  and

  minors and insane people who need police custody for security or

  protection purposes.
• Prosecution process

  Filing of Complaint

  Filing of Information

  Preliminary Investigation

  Arraignment

  Filing of Bail

  Detention