Prosecution Determiner of Probable Cause

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
 SECOND PILLAR: PROSECUTION

• The prosecution arm of the government is generally vested

in the Department of Justice (Administrative code of 1987)
under the direction, supervision and control of the
secretary of justice where the interest of the government is
in issue.
• The prosecution service is made up of the Chief State
Prosecutor, The Regional Prosecutors, The Provincial
Prosecutors, The City/Municipal Prosecutors, and such
others Prosecutorial offices as may be establish by law.
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.
•Public Attorney’s Office (PAO)
- headed by the Chief Public Attorney
- its members provide free legal assistance to
indigent and poor litigants.
- it was reorganized by R.A 9406 otherwise known
as the PAO Law of 2007.
• Private lawyers should also be
deemed as part of the CJS
Prosecution Pillar because they
already represent the parties (the
complainant or the respondent) in
proceedings before the Prosecutors.
WHAT IS PROSECUTION ?
Course of action or process
whereby accusations are brought
before a court of justice to
determine the innocence or guilt of
the accused.
 What are the roles of prosecution?

1. EVALUATE the police findings referred to them, or other

complaints filed directly with them by individual person;
(Includes P.I./INQUEST)
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.
Q: Why is it the duty of the Prosecutor
is said to be to represent the
government not the offended private
individual in a criminal proceeding?
A: This is based on the principle that acts and
omissions punishable by law when
committed are always against the public
interest and not only against the offended
individual.
This is also the reason why in a criminal case,
the caption is in the name of the “People of
the Philippines vs. a particular individual(s)”.
Q: Who shall prosecutes
criminal actions?
A: All criminal actions must
be prosecuted by a Public
Prosecutor.
 Prosecution Process
1. Evaluation of complaint
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 of the enforcement
of the law violated.
Q: What could be the possible actions
of the Prosecutor after evaluating the
complaint?
A: Actions could either be to dismiss
the complaint or move for the filing of
information in Court.
PROSECUTOR/PUBLIC PROSECUTOR/FISCAL
- 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. (Executive Officer)
PRELIMINARY INVESTIGATION
- an inquiry or proceeding to determine whether there is a
sufficient ground to engender a well-profound belief that a
crime has been committed and the respondent is probably
guilty thereof.
- it is required to be conducted before the filing of the
information for an offense where the penalty prescribed by law
is at least four (4) 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 charge against him, and if probable cause exist,
the filing 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
bailable.
 Officers Authorized to Conduct Preliminary Investigation

• National and Regional State prosecutors;

• Provincial or City Prosecutors and their assistants;
• Chief legal officer of the COMELEC in prosecuting election
offenses;
• The Ombudsman;
• Special prosecutor;
• Prosecutors duly authorized by the ombudsman in
prosecuting offenses cognizable by the Sandiganbayan.
 NOTE:
- The authority of the judges of the
Municipal Trial courts and Municipal
Circuit Trial courts to conduct a
preliminary investigation was revoked
by A.M. 05-8-26-SC
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 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 (Rule 6,
Sec.1, RC)
COMPLAINT- a sworn statement charging a person with an offense
subscribed by the offended party, any peace officer or other public
officers charged with the enforcement of the law.
- may be filed either before the prosecutor’s office of the court.
INFORMATION- an accusation in writing charging a person with an
offense subscribed by the fiscal and filed with the court.
AFFIDAVIT- statement of facts under oath.
Subpoena- 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 the law, or for the taking of his
deposition (Section 1, Rule 23, Rules of Court)
Subpoena ad testificandum- a writ of the court or authority
directing a person to attend and testify at the hearing or trial of
an action.
Subpoena duces tecum-a writ order of the court of authority
directing a person to bring a document.
INQUEST PROCEEDING
It is 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 charged in court.
Q: What could be the possible remedy of
the suspect/offender if found out that
there exist probable cause in the offense
charge and an information was filed in
court?
A: Filing of Bail
• BAIL – Is the security given for the temporary release of
the person in custody of the law.
Bail may be given in the form of: (P.C.C.R)
• Property bond – personal or real property serving as lien
on the amount of bail to be paid.
• Cash deposit
• Corporate Surety – a corporation serving as a surety for
the temporary liberty of the accused person.
• Recognizance – responsible person (known probity) who
will guarantee with court appearance
Q: Is BAIL a matter of
right?
 A: YES:
Before or after conviction in MTC.
Before conviction in RTC. (Sec 4.)

*Bail becomes a matter of discretion upon

conviction by RTC of an offense not punishable by,
death, reclusion perpetua or life imprisonment.