Professional Documents
Culture Documents
CLJ1
CLJ1
LECTURE ON CLJ-1
PROSECUTION
THE SECOND PILLAR OF THE CRIMINAL JUSTICE SYSTEM
(CHAPTER 3)
PREPARED BY:
GROUP 2
WHAT IS THE PROSECUTION AS A PILLAR OF
THE CJS?
THE PROSECUTION AS THE PILLAR OF THE CJS SIMPLY PERTAINS TO “A CRIMINAL
ACTION”. FURTHERMORE, IT REFERS TO 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 IS ALSO USED TO DESIGNATE THE GOVERNMENT AS THE PARTY TO THE
PROCEEDING IN A CRIMINAL ACTION.”
IN A CRIMINAL CASE, IT IS ALSO REFERRED TO AS THE PROCESS BY WHICH
FORMAL CRIMINAL CHARGES ARE BROUGHT AGAINST A PERSON ACCUSED OF
COMMITTING A CRIME.
HOW IS PROSECUTION OF CRIMINAL OFFENSES
INITIATED IN THE PHILIPPINE SETTING?
FOR OFFENSES THAT REQUIRES PRELIMINARY INVESTIGATION, THE
CRIMINAL COMPLAINT IS INSTITUTED BY THE FILING AT THE OFFICE OF THE
PUBLIC PROSECUTOR (METRO MANILA OR CHARTERED CITIES OR IN THE
PROVINCES.)
FOR OFFENSES THAT DO NOT REQUIRE PRELIMINARY INVESTIGATION,
THE SAME SHALL BE FILED AT THE OFFICE OF THE PUBLIC PROSECUTOR IN
METRO MANILA OR CHARTERED CITIES AS THE CASE MAY BE. IN THE
PROVINCES, THE SAME MAY BE FILED DIRECTLY WITH THE COURT
(MUNICIPAL TRIAL COURTS OR MUNICIPAL CIRCUIT TRIAL COURTS).
HOW IS PROSECUTION OF CRIMINAL
OFFENSES INITIATED IN THE PHILIPPINE
SETTING?
FOR THE SO-CALLED PRIVATE CRIMES, THE SAME CANNOT BE INSTITUTED
UNLESS THE PRIVATE OFFENDED GIVES THE CONSENT OR INITIATES THE FILING
OF THE COMPLAINT AGAINST THE OFFENDER OR IN THE ABSENCE OR
INCAPACITY OF THE OFFENDER TO INITIATE THE FILING OF THE COMPLAINT, BY
THOSE ENUMERATED UNDER THE RULES.
FOR OFFENSES WHOSE PENALTY DO NOT EXCEED IMPRISONMENT OF ONE (1)
YEAR REGARDLESS OF FINE, AND THE OFFENDER IS NOT A CORPORATION, THE
SAME SHALL UNDERGO THE REQUIRED CONCILIATION PROCEEDINGS AT THE
KATARUNGANG PAMBARANGAY (BARANGAY JUSTICE SYSTEM).
IN OUR SETTING, WHO CONDUCTS THE
PROSECUTION?
IN OUR SETTING, THE PROSECUTOR IS THE GOVERNMENT OFFICER TASKED
TO CONDUCT THE PROSECUTION OF CRIMINAL ACTIONS IN COURT. THE REVISED
RULES OF COURT EXPRESSLY PROVIDES THAT THE PROSECUTION HAS THE
DIRECTION AND CONTROL OF THE CASE. ALTHOUGH, IN THE MUNICIPAL TRIAL
COURT OF MUNICIPAL CIRCUIT TRIAL COURTS WHEN THE PROSECUTOR IS
ABSENT, THE OFFENDED PARTY, ANY PEACE OFFICER, OR PUBLIC OFFICER
CHARGED WITH ENFORCEMENT OF THE LAW VIOLATED MAY PROSECUTE THE
CASE. BUT SUCH AUTHORITY SHALL CEASE UPON ACTUAL INTERVENTION OF THE
PROSECUTOR OR UPON ELEVATION TO THE REGIONAL TRIAL COURT.
WHO IS BEING REPRESENTED BY THE
PROSECUTOR IN THE PROSECUTION OF THE
CASE?
IN CRIMINAL PROSECUTION, THE PUBLIC PROSECUTOR REPRESENTS THE
STATE OR THE PEOPLE OF THE PHILIPPINES. THIS IS SO BECAUSE THE REAL
OFFENDED PARTY IS THE PEOPLE OF THE PHILIPPINES, FOR A CRIME IS AN
OUTRAGE AGAINST, AND ITS VINDICATION IS IN FAVOR OF THE PHILIPPINES. THE
OFFENDED PARTY IN CRIMINAL PROSECUTION IS MERELY A WITNESS; MERELY
COLLATERAL, FOR THE CRIME THAT WAS COMMITTED BY THE ACCUSED IS NOT
AGAINST THE OFFENDED PARTY BUT AGAINST THE PEOPLE OF THE PHILIPPINES.
A. PROSECUTOR’S ROLE
WHAT ARE SOME OF THE ROLES OF THE
PROSECUTOR?
THE FOLLOWING ARE SOME OF THE ROLE OF THE PROSECUTORS:
a) TO CONDUCT PRELIMINARY INVESTIGATION;
b) TO MAKE PROPER RECOMMENDATION DURING THE INQUEST PROCEEDINGS
OF THE CASE REFERRED TO THEM BY THE POLICE AFTER THE INVESTIGATION
OF THE CASE REFERRED TO THEM BY THE POLICE AFTER THE INVESTIGATION
OF THE SUSPECT.
WHAT ARE SOME OF THE ROLES OF THE
PROSECUTOR? (CONTINUATION)
c) TO REPRESENT THE GOVERNMENT OR STATE DURING THE
PROSECUTION OF THE CASE AGAINST THE ACCUSED;
d) TO ACT AS A LEGAL OFFICER OF THE PROVINCE OR CITY IN THE
ABSENCE OF ITS LEGAL OFFICER;
e) TO INVESTIGATE ADMINISTRATIVE CASES FILED AGAINST STATE
PROSECUTORS, PROVINCIAL PROSECUTORS, INCLUDING THE
SUPPORT STAFF OF THE NATIONAL PROSECUTION SERVICE (NPS).
IN THE ADMINISTRATION OF CJS, WHAT IS
THE ROLE OF THE PROSECUTOR?
THE PROSECUTOR PERHAPS PLAYS THE MOST CRUCIAL ROLE IN THE
ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM BECAUSE THE OFFICE
OCCUPIES A CENTRAL AND VERY IMPORTANT POSITION BETWEEN THE
POLICE AND THE COURTS. THE PROSECUTOR IS THE PERSON RESPONSIBLE
IN DETERMINING WHETHER OR NOT TO BRING FORMAL CHARGES AGAINST
PERSONS SUSPECTED OF COMMITTING CRIMES AND BE BROUGHT TO A
JUDICIAL PROCEEDING. THE PUBLIC PROSECUTOR DECIDES WHETHER TO
PROSECUTE THE CASE OR NOT. HENCE, EVEN SOME AUTHORS REFER TO
HIM AS THE “TRAFFIC COP” OF THE CRIMINAL JUSTICE PROCESS.
B. PRELIMINARY INVESTIGATION
DEFINE PRELIMINARY INVESTIGATION
IS PRELIMINARY INVESTIGATION A
CONSTITUTIONAL RIGHT?
NO, PRELIMINARY INVESTIGATION IS NOT A CONSTITUTIONAL RIGHT. IT IS
MERELY A STATUTORY RIGHT.
IS THERE AN INSTANCE WHEN PRELIMINARY
INVESTIGATION IS NOT REQUIRED EVEN IF
THE CRIME IS ONE THAT REQUIRES
PRELIMINARY INVESTIGATION?
YES, WHEN THE OFFENDER WAS ARRESTED WITHOUT A WARRANT, AN
INQUEST INVESTIGATION WILL BE CONDUCTED BY THE INQUEST INVESTIGATOR.
THERE IS NO NEED TO CONDUCT A PRELIMINARY INVESTIGATION, UNLESS THE
PERSON ARRESTED ASKS FOR PRELIMINARY INVESTIGATION. HOWEVER, BEFORE
THE SAME CAN BE DONE, HE MUST SIGN A WAIVER UNDER THE PROVISION OF
ARTICLE 125 OF THE REVISED PENAL CODE.
THE PRELIMINAY INVESTIGATION CAN IT BE
WAIVED?
YES, SINCE IT IS MERELY A STATUTORY AND PERSONAL RIGHT, IT CAN BE
WAIVED EITHER EXPRESSLY OR BY IMPLICATION. WHEN THE ACCUSED FAILED TO
INVOKE HIS/HER RIGHT TO PRELIMINARY INVESTIGATION BEFORE OR AT THE TIME
OF THE ARRAIGNMENT, HE/SHE DEEMED TO HAVE WAIVED HIS/HER RIGHT TO
PRELIMINARY INVESTIGATION.
IS PRELIMINARY INVESTIGATION A
MATTER OF RIGHT?
PRELIMINARY INVESTIGATION IS A MATTER OF RIGHT ONLY WHEN THE CRIME
COMMITTED IS PUNISHABLE BY A PENALTY OF AT LEAST FOUR (4) YEARS. TWO (2)
MONTHS, AND ONE (1) DAY REGARDLESS OF THE AMOUNT OF FINE. OTHERWISE
IT IS NOT.
WHAT IS THE EFFECT IF PRELIMINARY
INVESTIGATION IS NOT ACCORDED TO THE
RESPONDENT OR THE ACCUSED?
LECTURE ON CLJ-1
COURT
THE SECOND PILLAR OF THE CRIMINAL JUSTICE SYSTEM
(CHAPTER 4)
PREPARED BY:
GROUP 2
DEFINE COURT AND EXPLAIN ITS CONCEPT IN
RELATION TO THE ADMINISTRATION OF CJS.
IN OUR CRIMINAL JUSTICE SYSTEM, A SEPARATE JUDICIAL BRANCH IS
VIEWED AS NECESSARY FOR ASSURING THAT THE CONSTITUTIONAL AND
STATUTORY RIGHTS OF CITIZENS ARE NOT CONTROLLED BY POLITICAL
PRESSURES.
THIS IS THE REASON WHY THE FRAMERS OF OUR CONSTITUTION
ESTABLISHED THREE BRANCHES OF GOVERNMENT AT THE NATIONAL LEVEL –
LEGISLATIVE, EXECUTIVE, AND JUDICIAL – AND PROVIDE FOR THE
ESTABLISHMENT OF ONE SUPREME COURT. THIS IS SO, BECAUSE THEY
ENVISIONED A SEPARATION OF THE POWERS OF THESE THREE BRANCHES,
ALTHOUGH THERE IS SOME OVERLAP. SUCH SEPARATION OF POWERS
ENSURES THE INDEPENDENCE OF EACH CO-EQUAL BRANCH.
ENUMERATE THE GENERAL FUNCTIONS OF
THE COURTS IN RELATION TO THE CJS.
THEY ARE THE FOLLOWING:
• TO PROTECT THE RIGHTS OF THE ACCUSED. THE COURTS ARE
RESPONSIBLE FOR REVIEWING THE ACTIONS OF LAW
ENFORCEMENT AGENCIES TO ENSURE THAT THE POLICE HAVE NOT
VIOLATED THE RIGHTS OF THE ACCUSED;
• TO DETERMINE BY ALL LEGAL MEANS WHETHER A PERSON IS GUILTY
OF A CRIME. REVIEW ALL THE POLICE TO DETERMINE ITS
RELEVANCE AND ADMISSIBILITY IN ACCORDANCE WITH THE
CONSTITUTION AND THE RULES OF COURT;
(Continuation)
• TO DISPOSE PROPERLY OF THOSE CONVICTED OF THE CRIMES. THE COURTS
HAVE THE RESPONSIBILITY TO EXAMINE THE BACKGROUND OF THE ACCUSED AND
THE CIRCUMSTANCES OF THE CRIME;
• TO PROTECT THE SOCIETY. AFTER THE ACCUSED HAS BEEN FOUND GUILTY, THE
COURT MAY DETERMINE IF THE OFFENDER SHOULD BE REMOVED FROM SOCIETY
AND INCARCERATED IN ORDER TO PROTECT THE SAFETY OF LIFE AND PROPERTY
AND THIS IS ESPECIALLY TRUE IN CASE OF PROBATION;
• TO PREVENT AND REDUCE CRIMINAL BEHAVIOR. THIS IS THE TASK OFF PROPERTY
IMPOSING THE PROPER PENALTY AND SANCTIONS THAT WILL SERVE TO DETER
THE FUTURE CRIMINAL ACTS BY THE OFFENDER AND ALSO SERVE AS AN EXAMPLE
AND DETERRENT TO OTHER WHO WOULD COMMIT CRIMINAL ACTS OR THREATEN
PUBLIC SAFETY.
WHEN DOES THE ROLE OF JUDGES IN CRIMINAL
CASE BEGIN? IS IT ONLY DURING TRIAL?
THE ROLE OR PARTICIPANT OF JUDGES IN THE CRIMINAL JUSTICE
SYSTEM, ACTUALLY, BEGINS LONG BEFORE THE ACTUAL TRIAL TAKES
PLACE.
• JUDGES DETERMINE WHETHER THERE IS PROBABLE CAUSE FOR THE
ISSUANCE OF THE WARRANT OF ARREST OR SEARCH WARRANT.
• THEY DETERMINE WHETHER THE ACCUSED WILL BE RELEASED ON BAIL
OR THE AMOUNT OF BAIL TO BE POSTED.
• THEY HEAR AND RULE ON THE MOTIONS MADE BY THE DEFENSE AND
THE PROSECUTOR BEFORE TRIAL.
WHAT IS THE IMPORTANCE OF THE COURTS IN
THE ADMINISTRATION OF CJS?
THE COURT IS IMPORTANT IN THE ADMINISTRATION OF THE CJS BECAUSE
THE COURT IS THE FINAL ARBITER OF ALL DISPUTES OR ISSUES INVOLVING
VIOLATIONS OF CRIMINAL LAW OR OTHER LAWS AS THE NATURE OF THE CASE
MAY BE.
BASIC IS THE PRINCIPLE IN LAW THAT WE ARE A GOVERNMENT OF LAW
AND THAT NO ONE SHOULD PUT THE LAW INTO ONE’S OWN HAND.
OTHERWISE, OUR SOCIETY WILL BE ONE WHERE CHAOS AND ANARCHY REIGN
SUPREME. OURS WILL BE, THEN, ONE GOVERNED BY THE LAW OF THE
JUNGLE, SO TO SPEAK. “LEX TALIONES” AN EYE FOR AN EYE; A TOOTH FOR A
TOOTH.
A. JURISDICTION
DEFINE JURISDICTION:
JURISDICTION IS THE AUTHORITY OF THE COURT TO HEAR AND
TRY A PARTICULAR OFFENSE AND TO IMPOSE THE PUNISHMENT
PROVIDED BY LAW.
DEFINE VENUE:
VENUE REFERS TO THE PLACE, LOCATION OR SITE WHERE THE
CASE IS TO BE HEARD ON ITS MERITS.
DISTINGUISH JURISDICTION FROM VENUE:
AS A RULE, JURISDICTION IS CONFERRED BY LAW WHILE VENUE
IS NOT.
ALTHOUGH IN CRIMINAL CASES VENUE IS JURISDICTIONAL AS
THE COURT HAS NO JURISDICTION TO TRY AN OFFENSE
COMMITTED OUTSIDE ITS JURISDICTION. HOWEVER, IN SOME
CASES, VENUE IS SPECIFICALLY PROVIDED BY LAW. ALSO, VENUE
CAN BE CHANGED OR BE TRANSFERRED UPON THE ORDER OF THE
SUPREME.
WHAT ARE THE DIFFERENT COURT AND THEIR RESPECTIVE
JURISDICTION IN CRIMINAL CASES?
THE FOLLOWING ARE THE CRIMINAL COURTS AND THEIR RESPECTIVE
JURISDICTION: