CAVITE STATE UNIVERSITY

College of Criminal Justice

INTRODUCTION TO PHILIPPINE CRIMINAL JUSTICE SYSTEM

CHAPTER 2
PROSECUTION
Second Pillar of the Criminal Justice System

PROSECUTION
 The course of action or process whereby accusations are brought before a court of justice to
determine the innocence or guilt of the accused.
 In a criminal action, it is a proceeding instituted and carried on by due course of law, before a
competent tribunal, for the purpose of determining the guilt or innocence of a person charged
with a crime.
 It may also refer to a party in a criminal case (acting on behalf of the Philippines-the real party
to the case) which is responsible for instituting criminal action and proving the guilt of the
accused.

PROSECUTION OF OFFENSES
Rule 110 of the Rules of Court

Sec.1 Institution of Criminal Action.

Criminal actions shall be instituted as follows:
a) For offenses where a preliminary investigation is required pursuant to section 1 of Rule 112, by
filling the complaint with proper officer for the purpose of conducting the requisite preliminary
investigation.
b) For all other offenses, by filling the complaint or information directly with the Municipal Trial
court and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In
Manila and other chartered cities the complaints shall be filed with office of the prosecutor
unless otherwise provided in their charters.

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 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.

Sec.2 Requisites Complaint or Information

The complaint or information shall be:
1. in writing;
2. in the name of the people of the Philippines;
3. against all persons whom appear to be responsible for the offense involved.
Sec. 3 Complaint
A complaint is sworn written statement charging a person with an offense by the offended
party, any peace officer, or other public officer charged with the enforcement of the law violated.
Sec. 4 Information
An information is an accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with court.
Sec. 6 Sufficiency of a Complaint or Information
A complaint or information is sufficient if it states the following:
1. Name of the accused;
2. Designation of the offense given by the statutes;
3. Acts or omissions complained of s constituting the offense;
4. Name of the offended party;
5. Approximate date of the commission of the offense; and
6. Place where the offense was committed.
If an offense is committed by more than one person all of them shall be included in the complaint or
Information.
PURPOSE: to safeguard the constitutional right of an accused to be informed of the nature and cause of
the accusation against him so that he can duly prepare his defense.
Sec. 7 Name of the Accused
1. If name is known: the name and surname of the accused or any appellation or nickname by
which he has been or is known.
2. If the name is unknown: a fictitious name with a statement that his true name is unknown.
If true name thereafter disclosed: such true name shall be inserted in the complaint or
information and record.
3. While one or more persons, along with specified and named accused, may be sued as “John
Does” an information against all accused described as “John Does” is void, and an arrest warrant
against them is also void.
NOTE: An error in the name of the accused is not reversible as long as his identity is sufficiently
established. This defect is curable at any stage of the proceedings as insertion of the real name of
the accused is merely a matter of form (People v. Padica, 221 SCRA 362)

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Sec. 8 Designation of an Offense
The information or complaint must state or designate the following whenever possible:
1. The designation of the offense given by the statute. If there is no designation of the offense,
reference shall be made to the section of the statute punishing it.
2. The statement of the acts or omissions constituting the offense, in ordinary, concise and
particular word.
3. The specific qualifying and aggravating circumstances must be stated in ordinary and concise
language.
The qualifying and aggravating circumstances cannot be appreciated even if proved unless alleged in
the information (People v. Perreras, 362 SCRA 202)
Sec. 9 Cause of the Accusation
If one or more elements of the offense have not been alleged in the information, the accused
cannot be convicted of the offense charged, even if the missing elements have been proved during
trial.
Even the accused’s entering a plea of guilty to such defective information will not cure the defect,
nor justify his conviction of the offense charged.
PURPOSE:
1. To enable the court to pronounce a proper judgment;
2. To furnish the accused with such a description of the charge as to enable him/her to make a
defense.
3. As a protection against further prosecution for the same cause.
Sec. 10 Place of commission of the offense
The complaint or information is sufficient is sufficient if it can be understood from its allegations that
the offense was committed or some of its essential ingredients occurred at some place within the
jurisdiction of the court, unless the particular place where it was committed constitutes an essential
element of the offense charged o is necessary for its identification.
Sec.11 Date of the commission of the Crime
It is not necessary to state in the complaint or information the precise date the offense was
committed except when it is a material ingredient of the offense. The offense may be alleged to have
been committed on a date as near as possible to the actual date of its commission.
Sec. 12 Name of the Offended party
The complaint or information 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 such
person has been or is known. If there is no better way of identifying him or her, he/she must be
described under a fictitious name.
a.) In offenses against property, if the name of the offended party is unknown the property must be
described with such particularity as to properly identify the offense charged.

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 b.) If the true name of the person against whom or against whose property the offense was
committed is thereafter disclosed or ascertained, the court must cause such true name to be
inserted in the complaint or information and the record.
c.) If the offended party is a juridical person, it is sufficient to state its name, or any name or
designation by which it is known or by which it may be identified, without the need of averring it
is a juridical person or that it is organized in accordance with law.
Sec. 13 Duplicity of the Offense
A complaint or information must charge only one offense, except when the law prescribes a
single punishment for various offenses.
Sec. 14 Amendment or substitution
A complaint or information may be amended, in sum or in substance, without leave of court and
when it can be done without causing prejudice to the rights of the accused.
However, any amendment before plea, which downgrades the nature of the offense charged in
or excludes any accused from the complaint or information, can be made only upon motion by the
prosecutor, with notice to the offended party and with leave of court. The court shall state its reasons in
resolving the motion and copies of its order shall be furnished all parties, especially the offended party.
If it appears at any time before judgment that a mistake has been made in charging the proper
offense, the court shall dismiss the original complaint or information upon the filling of new one
charging the proper offense in accordance with section 19 Rule 119 (Trial), provided the accused shall
not be placed in double jeopardy. The court may require the witnesses to give bail for their appearance
at the trial.

NATIONAL PROSECUTION SERVICE

 It is under the supervision and control of the Department of Justice and is tasked as the
prosecutorial arm of the government.
 Created by the virtue of P.D 1275, “Reorganizing the Prosecution Staff of the Department of
Justice and the officer of the Provincial and City Fiscals, Regionalizing the Prosecution Service
and Creating the National Prosecution Service”.
 Its primary task is to investigate and prosecute all criminal offenses defined and penalized under
the Revised Penal Code and other Special Laws.
 Composed of the office of the Chief State Prosecutor, the Regional State Prosecution Offices and
the Provincial and City Prosecution Office.
 Under the general supervision and control of the Secretary of the Department of Justice.
 The Chief State Prosecutor is the head of the prosecutorial staff.
 R.A 10071 “The Prosecution Service Act of 2010”. It changed the title of the head of the NPS
from Chief State Prosecutor to Prosecutor General.
 Primarily responsible for the preliminary investigation and prosecution of all case involving
violation of penal laws, under the supervision of the Secretary of DOJ.
 With 15 Regional State Prosecution offices, 81 Provincial Prosecution offices, and 118 city
Prosecution offices.
PROSECUTOR/FISCAL

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  One who prosecutes another for a crime in the name of the government; one who investigates
the prosecution upon which an accused is arrested; one who prepares an accusation against the
party whom he suspects to be guilty.
 An officer of the government whose function is the prosecution of criminal actions or suits
partaking of the nature of criminal actions.
 A quasi-judicial officer also referred to as public prosecutor or fiscal.
DUTIES OF A PROSECUTOR
1. To conduct preliminary investigation;
2. To make proper recommendation during the inquest of the case referred to them by the police
after investigation of the suspect;
3. To represent the government or state during the prosecution of the case against the accused.
4. To act as Law Officer of the province or city in the absence of Legal Officer.
5. To investigate administrative cases filed against State Prosecutor.
DISCRETION OF PROSECUTORS
1. To file the case against the accused.
2. To drop or dismiss the case due to lack of merits.
3. To recommend the reduction of charges and bail in favor of the accused.

DEPARTMENT OF JUSTICE (DOJ)

 Headed by a secretary
 Derives its mandates from E.O.292, THE Administration Code of 1987.
 It is the government’s principal law agency.
 The government’s prosecution arm and administers the government’s criminal justice system
by investigating crimes, prosecuting offenders and overseeing the correctional system.

SIX FUNCTIONAL OFFICERS AND SERVICES OF THE DOJ:

1. Office of the Prosecutor General
2. Office of the Chief Sate Counsel
3. Technical Staff
4. Administrative Service
5. Financial Service
6. Planning and Management Service
NINE ATTACHED AGENCIES TO THE DOJ:
1. Bureau of Immigration
2. National Bureau of Investigation
3. Bureau of Correction
4. Parole and Probation Administration
5. Public Attorney’s Office
6. Office of the Alternative Dispute Resolution
7. Commission on the Settlement of Land Problems

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 8. Office of the Government Corporate Counsel
9. Office of the Solicitor General

Public Attorney’s Office

 Headed by the chief Public Attorney
 Its member provide free legal assistance to indigent and poor litigants.
 It was reorganized by R.A 9406 otherwise known as the PAO Law of 2007.

PRELIMINARY INVESTIGATION
 An inquiry or proceeding to determine whether there is a sufficient ground to engender a well-
founded belief that a crime has been committed and the respondent is probably guilty thereof.
 It is required to be conducted before filling of the information for an offense where the penalty
prescribed by law is at least four years, two months and one day.
Purpose of Preliminary Investigation:
1. To inquire concerning the commission of crime and the connection of accused with it, in order
that he may be informed of the nature and character of the crime charged against him, and if
probable cause exist, the filling of the appropriate action;
2. To preserve the evidence and keep the witness within the control of the state; and
3. To determine the amount of bail, if said offense is bail able.

PROBABLE CAUSE
 The existence of such facts and circumstances as would excite a belief in a reasonable mind,
acting on the facts within the knowledge of the prosecutor, that the person charged is guilty of
the crime for which he is prosecuted.
 Such facts and circumstances which would lead to a reasonably discreet and prudent man to
believe that an offense has been committed by the person sought to be arrested.

PLEADINGS
 Refers to written allegation of the parties to the case.
 Are written statements of the respective claims and defenses of the parties submitted to the
court for appropriate judgment.
AFFIDAVIT
 Statement of facts under oath
SUBPOENA

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  A process direct to a person requiring him to attend and testify at the hearing or the trial of
action, or at any investigation conducted under law, or for the taking of his disposition. (Section
1, Rule 23, Rules of Courts)

1. Subpoena ad testificandum- a writ order of the court or authority directing a person to

attend and testify at the hearing or trial of an action.
2. Subpoena duces tecum- a writ order of the court of authority directing a person to bring a
document.

PERSONS AUTHORIZED TO CONDUCT PRELIMINARY INVESTIGATION

1. Provincial or city prosecutors and their assistants.
2. Judges of the municipal trial courts and municipal circuit trial courts (NO LONGER ALLOWED)
3. National and regional state prosecutors
4. Other officers as may be authorized by aw:
a. Tanodbayan’s special prosecutor as authorized by the Ombudsman
b. COMELEC’s authorized legal officers in connection with election offenses.
c. Special prosecutors appointed by the Secretary of Justice.
PROCEDURE OF PRELIMINARY INVESTIGATION
1. There must be a complaint accompanied by the affidavit of the complainant and his witnesses as
well as other supporting documents to establish probable cause.
2. The investigating prosecutor shall either dismiss the case or issue a subpoena to the respondent
within 10 days after filling the complaint.
3. The respondent shall submit his counter-affidavit and that of his witness within 10 days from
receipt of the subpoena. If the respondent cannot be subpoenaed or if he failed to submit his
counter-affidavit within the prescribed period, the investigating prosecutor shall resolve the
complaint based on the evidence presented by the complainant.
4. The investigating prosecutor may set a hearing if there are facts or issues to be clarified. The
hearing shall be held within 10 days from the submission of the counter-affidavit, or from the
expiration of the period of submission. Such hearing shall be terminated within 5 days.
5. Within 10 days after the investigation, the investigating prosecutor shall determine whether or
not there is a sufficient ground to hold the resp0ondent for trial. The termination of the hearing
shall be the end of the investigation.
6. If the investigating prosecutor finds cause to hold the respondent for trial he shall prepare the
resolution and information. He shall forward the case to the provincial or city prosecutor within
5 days from his resolution.
If the investigating prosecutor recommends dismissal of the case the same procedure shall
apply.
The Provincial, city or chief state prosecutor shall act on the resolution within 10 days from
receipt and shall immediately inform of such action.
No complaint or information may be filed or dismissed by the investigating prosecutor without
prior written authority or approval of the provincial or city or chief state prosecutor.
7. If the investigating prosecutor recommends the filling of the case but the provincial, city or chief
state prosecutor disapproved and wants the case dismissed, the provincial, city and chief state
prosecutor may dismiss the case without the need for another preliminary investigation.

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 If the investigating prosecutor recommends the dismissal of the case but the provincial, city, or
chief state prosecutor finds probable cause, the provincial, city or chief state prosecutor may file
the information with the court without the need for preliminary investigation.
8. In case either party is not satisfied with the findings of the provincial, city or chief state
prosecutor, he may submit his petition with the Secretary of Justice.
The Secretary of Juice has the power to modify the resolution of the provincial, city or chief
state prosecutor without conducting another preliminary investigation.
INQUEST PROCEEDING
 Is an inquiry made by the duty prosecutor to determine the legality of arrest made especially
those arrest made without warrant.
 Inquest proceeding must be done within the prescribed period as provided by Art. 125 of the
Revised Penal Code, otherwise the arrested person must be released. If said arrested persons
was not been released within the prescribed period (unless a case is filled in court) the arresting
officer and inquest prosecutor may be charged for “Delay in the delivery of arrested person to
the proper judicial authority, (Art 125) or simply arbitrary detention.”

BAIL
 Is a security given for the release of the person in the custody of the law, furnished by him or
the bondsman, to guarantee his appearance before any court as required under the conditions
as specified.
Forms of Bail
1. Corporate surety
 Any domestic or foreign corporation, licensed as surety in accordance with the law and currently
authorized to act such, may provide bail by bond subscribed jointly by the accused and an officer
of the corporation duly authorized by the board of directors.
2. Property bond
 It is an undertaking constituted as a lien on the real property given as security for the amount of
the bail.
3. Cash deposit
 The accused or any person acting on his behalf may deposit cash with the nearest collector of
internal revenue or provincial, city, municipal treasurer the amount of bail fixed by the court or
recommended by the prosecutor who investigated or filed the case.
4. Recognizance
 It is an obligation of record entered into before some court or officer authorized to take it with a
condition to do some particular act, the most usual condition in the criminal cases being the
appearance of the accused for trial.
 Applicable only to light offenses.

Bail bond vs. Recognizance

BAIL BOND RECOGNIZANCE

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 An obligation under seal given by the accused with An obligation of record, entered into before some
one or more sureties and made payable to the court or magistrate duly authorized to take it with
proper officer with the condition to be void upon the condition to do some particular act.
performance by the accused of such acts as he may
be required to perform.

Purposes of Bail:
1. To relieved an accused from the rigors of imprisonment
2. To secure his appearance at the trial
General rule: Bail is a matter of right.
When it is a matter of right:
1. Before or after conviction by the MTC
2. Before conviction by RTC, for all offenses punishable lower than Reclusion Perpetua.
-prosecution does not have the right to oppose or to present evidence for its denial.
When it is a matter of Discretion
1. After conviction, in offenses punishable by death, reclusion Perpetua or life imprisonment.
2. After conviction by RTC of non-capital offense
-prosecution is entitled to present evidence for its denial.

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Table of Felonies and its Penalties, Period of serving, Prescription of crime, and prescription
of Penalty.
Felonies Penalties Degrees Period Prescription Prescription
of Crime of Penalty
Art.9 Art 25 DRRPPAA

Grave 1. Capital 1. Death

Felony Punishment
2. Afflictive
Penalty 2. (a) Reclusion
Perpetua 20 years & 20 years 20 years
1 day to
(b) Reclusion 40 years
Temporal

(c) 12 years &

Prision Mayor 1 day to 15 years 15 years
20 years

6 years &
1 day to
12 years 15 years

Less Correctional Penalty (a) Prision 6 months 10 years 10 years

Grave Correctional & 1 day to
Felony (b) Arresto Mayor 6 years

1 month &
1 day to 6 5 years 5 years
months

Light Light Penalty Arresto Menor 1 day to 2 months 1 year

Felony 30 days
(1month)

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