DAVAO WINCHESTER COLLEGES, INC.

COLLEGE OF CRIMINOLOGY DEPARTMENT

FRD. 4 NATL. HI-WAY TIBAL-OG, STO. TOMAS DAVAO DEL NORTE

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

PRELIMINARY INVESTIGATION IS 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.
 IN GENERAL, WHAT ARE THE PURPOSE OF
PRELIMINARY INVESTIGATION?
IN GENERAL, THE PRELIMINARY INVESTIGATION HAS A THREE-FOLD
PURPOSE:
a) TO INQUIRE CONCERNING THE COMMISSION OF CRIME AND THE
CONNECTION OF THE ACCUSED WITH IT, IN ORDER THAT HE MAY BE
INFORMED OF THE NATURE AND CHARACTER OF THE CRIME
CHARGED AGAINST HIM, AND IF THERE IS PROBABLE CAUSE FOR
BELIEVING HIM GUILTY, THAT THE STATE MAY TAKE THE NECESSARY
STEPS TO BRING HIM TO TRIAL;
b) TO PRESERVE THE EVIDENCE AND KEEP THE WITNESS WITHIN THE
CONTROL OF THE STATE; AND
 WHAT ARE THE PRINCIPLE PURPOSE OF
PRELIMINARY INVESTIGATION?
THE FOLLOWING ARE THE PRINCIPAL PURPOSES OF PRELIMINARY
INVESTIGATION:
1. TO DETERMINE WHETHER A CRIME HAS BEEN COMMITTED AND WHETHER
THERE IS PROBABLE CAUSE TO BELIEVE THAT THE ACCUSED IS GUILTY
THEREOF;
2. TO SECURE THE INNOCENT AGAINST HASTY, MALICIOUS AND OPPRESSIVE
PROSECUTION;
3. TO PROTECT HIM FROM AN OPEN AND PUBLIC ACCUSATION OF A CRIME,
FROM TROUBLE, EXPENSE, ANXIETY OF A PUBLIC TRIAL; AND
4. TO PROTECT HE STATE FROM USELESS AND EXPENSIVE TRIALS.
 WHEN CAN THERE BE PRELIMINARY
INVESTIGATION?
A 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.

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?

DENIAL OF PRELIMINARY INVESTIGATION TO THE ACCUSED OR THE

RESPONDENT WHEN PROPER SHALL BE CONSIDERED A VIOLATION OF DUE
PROCESS BECAUSE PRELIMINARY INVESTIGATION IS A COMPONENT PART OF DUE
PROCESS IN CRIMINAL JUSTICE. THE RIGHT TO A PRELIMINARY INVESTIGATION IS
A SUBSTANTIVE RIGHT.
C. PERSONS AUTHORIZED TO CONDUCT PRELIMINARY
INVESTIGATIONS
WHO ARE THE PERSONS AUTHORIZED TO CONDUCT
PRELIMINARY INVESTIGATION?

THE FOLLOWING ARE THE OFFICERS AUTHORIZED TO CONDUCT PRELIMINARY

INVESTIGATION:
a) PROVINCIAL OR THE CITY PROSECUTORS AND THEIR ASSISTANTS;
b) NATIONAL AND REGIONAL STATE PROSECUTORS; AND
c) OTHER OFFICERS AS MAY BE AUTHORIZED BY LAWS.
GIVE AN EXAMPLE OF OTHER OFFICER
AUTHORIZED BY LAW TO CONDUCT PRELIMINARY
INVESTIGATIONS.

THEY ARE THE FOLLOWING:

1. THE OMBUDSMAN AND SPECIAL PROSECUTOR AND PUBLIC PROSECUTOR
DULY AUTHORIZED BY THE OMBUDSMAN WITH RESPECT TO CASE UNDER ITS
JURISDICTION (EX. ANTI-GRAFT AND CORRUPT PRACTICES ACT. BRIBERY,
AMONG OTHERS);
2. THE COMELEC WITH RESPECT TO CASES IN VIOLATION OF THE ELECTION
LAW;
3. PRIVATE LAWYERS WHEN DULY DEPUTIZED BY ANY OF THE ABOVE.
ARE ALL JUDGES AUTHORIZED TO
CONDUCT TO CONDUCT PRELIMINARY
INVESTIGATION?
NO. NOT ANYMORE.

IS THE MAYOR AUTHORIZED TO CONDUCT

PRELIMINARY INVESTIGATION?
NO, THE MAYOR IS NOT ANYMORE AUTHORIZED TO CONDUCT PRELIMINARY
INVESTIGATIONS. IT USED TO BE UNDER THE OLD RULE THAT THE MAYOR IS
AUTHORIZED, BUT UNDER THE PRESENT RULE THAT POWER HAS BEEN REVOKED.
DEFINE PROBABLE CAUSE IN THE CONDUCT
OF PRELIMINARY INVESTIGATION AS
DISTINGUISHED FROM PROBABLE CAUSE IN
THE ISSUANCE OF THE WARRANT OF ARREST.

PROBABLE CAUSE FOR THE PURPOSE OF FILING INFORMATION BY THE

PROSECUTOR HAS BEEN DEFINED AS THE EXISTENCE OF SUCH FACTS AND
CIRCUMSTANCES AS WOULD EXCITE THE BELIEF, IN A REASONABLE MIND, ACTING
ON THE FACTS WITHIN THE KNOWLEDGE OF THE PROSECUTOR, THAT THE
PERSON CHARGE WAS GUILTY OF THE CRIME FOR WHICH HE WAS PROSECUTED.
DEFINE PROBABLE CAUSE IN THE CONDUCT
OF PRELIMINARY INVESTIGATION AS
DISTINGUISHED FROM PROBABLE CAUSE IN
THE ISSUANCE OF THE WARRANT OF ARREST.
WHEREAS PROBABLE CAUSE FOR THE ISSUANCE OF A WARRANT OF ARREST
IS THAT WHICH, BASED ON FACTS AND CIRCUMSTANCES OBTAINING, WOULD
LEAD A REASONABLY DISCREET AND PRUDENT MAN TO BELIEVE THAT AN
OFFENSE HAS BEEN COMMITTED BY THE PERSON SOUGHT TO BE ARRESTED.
IN THE FORMER, THE PROSECUTOR DETERMINES PROBABLE CAUSE; WHILE
IN THE LATTER, IT IS THE JUDGE WHO DETERMINES THE PROBABLE CAUSE.
WHEN MAY A JUDGE ISSUE A WARRANT OF ARREST?

THE RULE IS THAT AN ARREST WARRANT MUST BE ISSUED BY A JUDGE ONLY

AFTER EXAMINING THE COMPLAINANT AND THE WITNESSES HE MAY PRODUCE
AND AFTER FINDING PROBABLE CAUSE TO BELIEVE THAT THE PERSON TO BE
ARRESTED HAS COMMITTED THE CRIME.
WHAT IS THE RELEVANCE OF PRELIMINARY
INVESTIGATION IN THE ADMINISTRATION OF
THE CJS?
IN OUR JURISDICTION, THE CONDUCT OF PRELIMINARY INVESTIGATION IS VERY
RELEVANT BECAUSE AT THE ONSET OF THE CRIMINAL PROCESS THE ENTRY INTO THE
SYSTEM OF THE OFFENDER IS ALREADY BEING SCREENED SO THAT THE CRIMINAL
COMPLAINT THAT DOES NOT HAVE PROBABLE CAUSE IS NOT GIVEN DUE COURSE.

WHAT IS THE EFFECT OF PRELIMINARY

INVESTIGATION OVERALL IN THE
ADMINISTRATION OF THE CJS?
THE PRIMARY EFFECT OF PRELIMINARY INVESTIGATION IN THE CRIMINAL PROCESS
IS TO REDUCE THE BACKLOG AND CONGESTION OF CASES IN OUR COURTS.
D. PROSECUTOR’S DISCRETION
 WHAT ARE SOME OF THE DISCRETION OF
PROSECUTORS?
THE FOLLOWING ARE SOME OF THE DISCRETION OF PROSECUTORS:
• WHETHER OR NOT TO FILE THE CASE IN COURT;
• WHAT CHARGES T FILE;
• WHETHER OR NOT TO DECLINE TO PROSECUTE THE ARRESTED PARTY;
• WHETHER OR NOT TO ENTER INTO PLEA-BARGAINING.
WHAT IS THE IMPORTANT PROSECUTORIAL
DISCRETION? EXPLAIN.

THE PROSECUTOR IN OUR SETTING HAS VIRTUALLY UNLIMITED DISCRETION AND

THE MOST IMPORTANT PROSECUTORIAL DISCRETION IS DECIDING WHETHER OR NOT
TO FILE THE CASE IN COURT AGAINST THE ACCUSED.
MANY TIMES THE PROSECUTOR WILL REFUSE TO PROSECUTE OR, AFTER
DECIDING TO PROSECUTE AND BRING FORMAL CHARGES AGAINST THE SUSPECT;
WILL PETITION THE COURT TO DROP THE CHARGES. ONCE THE PROSECUTOR
DECIDES PROSECUTE, HE/SHE MUST DECIDE THE APPROPRIATE CHARGES TO BE
FILED AGAINST THE PARTICULAR SUSPECT DEPENDING ON THE GRAVITY OF THE
OFFENSE AND THE DEGREE OF THE PARTICIPATION OF THE ACCUSED IN THE
COMMISSION OF THE CRIME.
ENUMERATE SOME OF THE REASONS FOR
PROSECUTORIAL REJECTION OR DISMISSAL OF
SOME CRIMINAL CASES.

THEY ARE THE FOLLOWING:

• 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 INVOLVE THE VIOLATIONS OF THE
CONSTITUTIONAL REQUIREMENTS FOR SEIZING EVIDENCE AND FOR THE
QUESTIONING OF THE ACCUSED.
WHAT IS THE PRIMARY GOAL THAT THE
PROSECUTOR MAY CONSIDER IN CHARGING
DECISION?

CRIME PREVENTION IS THE PRIMARY GOAL OF THE

PROSECUTOR IN CHARGING DECISION. PROSECUTORS ATTEMPT TO
CONTROL CRIME BY PROSECUTING AND THEREFORE
INCAPACITATING OFFENDERS AND DETERRING POTENTIAL
CRIMINALS.
 WHAT ARE SOME OF THE FACTORS THAT
MAY INFLUENCE PROSECUTORIAL
DECISIONS?
THEY ARE THE FOLLOWING:
1. PRESSURE FROM THE PUBLIC;
2. PRESSURE FROM THE MEDIA;
3. THE DESIRE TO GET RID OF A SUSPECT WHO IS A PARTICULAR
PROBLEM TO THE COMMUNITY;
4. THE BELIEFS THAT NEW EVIDENCE WOULD BE DISCOVERED AND
HAT SUCH EVIDENCE WOULD BE FAVORABLE TO THE SUSPECT;
WHAT ARE SOME OF THE FACTORS THAT MAY
INFLUENCE PROSECUTORIAL DECISIONS?
(CONTINUATION)

5. THE NATURE OF THE COMPLAINT AND THE ATTITUDE OF THE

OFFENDED PARTY;
6. THE SERIOUSNESS OF THE OFFENSE;
7. THE EXCHANGE OF THE RELATIONSHIP AMONG THE
COMPONENTS OF THE CJS AS WELL AS THE CONGESTION
WITHIN AND THE RESOURCE DEMANDS PLACE UPON THE
SYSTEM.
DOES THE PROSECUTOR HAVE A GREATER
DISCRETION THAN THE POLICE?

YES, THE PROSECUTOR HAS EVEN A GREATER DISCRETION

THAN THE POLICE. THE PROSECUTOR MAY REFUSE TO FILE
FORMAL CHARGES AGAINST THOSE ARRESTED, HENCE MINIMIZING
OR INFLUENCING HE ARREST POWER OR DECISION MAKING OF THE
POLICE.
WHAT WOULD BE THE EFFECT OF THE ABOVE
DISCRETION OF THE PROSECUTOR OVER THE
POLICE’S PERFORMANCE OF THEIR DUTY?
ALTHOUGH THE PROSECUTOR HAS NO DIRECT CONTROL OVER THE
POLICE, THIS POWER TO DECLINE PROSECUTION MAY AFFECT THE
WAY POLICE OPERATE.
IF THE PROSECUTOR OFTEN REFUSES TO PROSECUTE CERTAIN
TYPES OF CASES, THE POLICE MAY STOP MAKING ARRESTS WHEN
SUSPECTS APPEAR TO HAVE VIOLATED THOSE OFFENSES. ON THE
OTHER HAND, VIGOROUS PROSECUTION OF SOME KINDS OF KINDS OF
OFFENSE MIGHT ENCOURAGE THE POLICE TO BE MORE DILIGENT IN
ARRESTING FOR THOSE OFFENSES.
 IS IT POSSIBLE TO INTERFERE OR TO
CONTROL THE PROSECUTORIAL
DISCRETION?

NO, AS A GENERAL RULE, AND IN THE LINE OF CASES EVEN THE

SUPREME COURT IS RELUCTANT TO INTERFERE IN THE EXERCISE
OF THE PROSECUTORIAL DISCRETION. THIS IS IN DEFERENCE TO
THE DOCTRINE OF SEPARATION OF POWERS BETWEEN CO-EQUAL
BRANCHES OF THE GOVERNMENT; SAVE IN SOME INSTANCES WHEN
THE PROSECUTOR IS ALLEGED TO HAVE GRAVELY ABUSED THE
EXERCISE OF HIS DISCRETION AMOUNTING TO LACK OR EXCESS OF
JURISDICTION.
IS THERE A REMEDY AVAILABLE SHOULD
THE PROSECUTOR WITHOUT JUST CAUSE
DECLINE TO PROSECUTE A CRIME?
THE FOLLOWING ARE THE REMEDIES AVAILABLE:
a) FILE A MOTION FOR RECONSIDERATION;
b) FILE AN ADMINISTRATION APPEAL WITH THE SECRETARY OF
JUSTICE;
c) FILE AN ADMINISTRATIVE CASE AGAINST THE PROSECUTOR;
d) FILE A CIVIL CASE AGAINST THE PROSECUTOR;
e) FILE A SPECIAL CIVIL ACTION FOR GRAVE ABUSE OF DISCRETION;
f) FILE A CRIMINAL CASE AGAINST THE PROSECUTOR.
E. BAIL
WHAT IS BAIL?
BAIL IS THE 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.
 WHEN IS BAIL A MATTER OF RIGHT?

a) AT THE MUNICIPAL TRIAL COURT, MUNICIPAL CIRCUIT TRIAL

COURT AND METROPOLITAN TRAIL COURTS, ALL PERSONS IN
CUSTODY SHALL BE ADMITTED TO BAIL AS A MATTER OF RIGHT
BEFORE OR AFTER CONVICTION.
b) AT THE REGIONAL TRAIL COURT, ALL PERSONS IN CUSTODY
SHALL BE ADMITTED TO BAIL AS A MATTER OF RIGHT BEFORE
CONVICTION OF AN OFFENSE NOT PUNISHABLE BY DEATH
RECLUSION PERPETUA, OR LIFE IMPRISONMENT.
WHEN IS BAIL DISCRETIONARY
UPON CONVICTION AT THE WHETHER OR NOT BAIL SHOULD BE
GRANTED WHEN BAIL IS DISCRETIONARY IS SOLELY A COURT’S
PREROGATIVE BASED ON THE STRENGTH OF THE EVIDENCE AT HAND,
THE GRAVITY OF THE OFFENSE AND THE CHARACTER OR RISK THAT THE
ACCUSED WILL COMMIT ANOTHER CRIME OR ESCAPE, AMONG OTHERS.

MAY THE BAIL BE FILED IN A COURT OTHER

THAN THE COURT WHERE THE CASE IS FILED?
YES. (SEE THE IMMEDIATELY PRECEDING ANSWER.)
 WHERE SHOULD THE BAIL BE POSTED?
AS A RULE, BAILS SHOULD BE FILED ONLY BEFORE THE COURT, WHICH
HAS JURISDICTION OVER THE CASE OF THE ACCUSED, WHO WAS ARRESTED
OR UNDER THE CUSTODY OF THE LAW.
AS AN EXCEPTION, BAIL MAY BE POSTED OR FILED BEFORE THE COURT
OF THE PLACE WHERE THE ACCUSED WAS ARRESTED OTHER THAN THE
COURT WHERE HIS CASE WAS FILED. IN SOME INSTANCES, WHEN THERE IS
NO AVAILABLE REGIONAL TRIAL COURT IN THE PLACE, THE BAIL MAY BE
FILED AT THE MUNICIPAL TRIAL COURT OR METROPOLITAN TRAIL COURT OF
THE PLACE WHERE THE ACCUSED WAS ARRESTED.
WHAT IS THE PURPOSE OF BAIL?
 

THE PURPOSE OF BAIL IS TO SECURE THE APPEARANCE OF THE

ACCUSED BEFORE THE COURT WHEN SO REQUIRED. AND OF COURSE, TO
PROVIDE THE ACCUSED OF HIS TEMPORARY LIBERTY WHILE AWAITING THE
PROCESSING AND THE DISPOSITION OF THE CASE FILED AGAINST HIM.

WHAT ARE THE DIFFERENT KINDS OF BAIL BOND?

THE FOLLOWING ARE KINDS OF BAIL BOND:
• PROPERTY
• CASH
• CORPORATE SURETY
• RECOGNIZANCE.
 DAVAO WINCHESTER COLLEGES, INC.
COLLEGE OF CRIMINOLOGY DEPARTMENT
FRD. 4 NATL. HI-WAY TIBAL-OG, STO. TOMAS DAVAO DEL NORTE

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:

HOW MAY THE COURT ACQUIRE JURISDICTION OVER THE

CASE?
THE COURTS ACQUIRE JURISDICTION OVER THE CASE UPON THE FILING OF
THE INFORMATION.
THE DETERMINATION WHETHER OR NOT THE COURT IS THE PROPER COURT OF
JURISDICTION IS DETERMINED BY THE ALLEGATIONS IN THE INFORMATION. THAT
IS IN ACCORDANCE WITH THE NATURE OF THE OFFENSE OR THE IMPOSABLE
PENALTY UPON THE OFFENSE COMMITTED AND THE TERRITORIAL JURISDICTION
OF THE COURTS.
HOW MANY JURISDICTION OVER THE PERSON OF
THE ACCUSED BE ACQUIRED?
JURISDICTION OVER THE PERSON OF THE ACCUSED IS ACQUIRED THROUGH
HIS ARREST OR BY HIS VOLUNTARY SUBMISSION TO THE CUSTODY OF THE
PROPER AUTHORITIES.

WHAT IS THE EFFECT SHOULD THE COURT NOT

ACQUIRED JURISDICTION OVER THE CASE OR OVER
THE PERSON OF THE ACCUSED?
SHOULD THE COURT NOT ACQUIRED JURISDICTION OR WHEN JURISDICTION
IS IMPROPERLY ACQUIRED, THE COURT IS OUSTED OF ITS AUTHORITY TO HEAR
AND/OR DECIDE THE CASE. ANY DECISION RENDERED BY SUCH COURT SHALL
BE CONSIDERED AS VOID FOR LACK OF JURISDICTION.
DISTINGUISH BETWEEN JUDGES AND COURTS.