PROSECUTION

PILLAR
 PROSECUTION
 The institution and conducting of legal proceedings
against someone in respect of a criminal charge

 The primary task is to investigate and prosecute all

criminal offenses defined and penalized under the
revised penal code and other special laws.

 The prosecution process starts the moment the

law enforcer, the complainant or public officer in
charge of the enforcement of the law alleged to
have been violated files a case against a suspected
criminal.
 NATIONAL PROSECUTION SERVICE

 The National Prosecution Service has existed before its

creation in the form of the Prosecution Staff of the
Bureau of Justice and later, the Department of Justice
during the American colonial era. The National
Prosecution Service was created by virtue of
Presidential Decree No. 1275, s. 1978.
 There is hereby created and established a National
Prosecution Service to be composed of the prosecution
staff in the Office of the Secretary of Justice and such
number of regional prosecution offices, offices of the
provincial prosecutor and offices of the prosecutor as are
here in after provided, which shall be primarily responsible
for the preliminary investigation and prosecution of all
cases.
 FUNCTION OF PHILIPPINES CRIMINAL JUSTICE

The Philippine Government has

organized and established institutions
which serve to maintain peace and
order. These institutions are responsible
for preventing crimes, enforcement of
laws, and apprehension and prosecution
of those who violate.
 FUNCTIONS OF PROSECUTION

While the judge is entrusted with decision-

making power, and he/she cannot initiate
judicial process, the prosecutor's primary
function is to initiate and conduct criminal
action, to act as a party in judicial
proceedings and, in many countries, to
supervise and direct the police during the
investigative phase.
The prosecution pillar takes care of evaluating the
evidence and formally charges the suspects before
the court. It serves as screening process on whether
to file a case based on evidence or dismiss the same.
ROLE OF PROSECUTION

They carry out investigation and procure evidence for

the same. They decide the charge. They can also
advise the police in the process of investigation.
Being an independent body, they cannot be
obstructed by any authority in this process.
 DUTIES OF PROSECUTION
To conduct preliminary investigation.
To make proper recommendation
during the inquest of the case referred
to them by the police after
investigation of the suspect.
To represent the government or state
during the prosecution of the case
against the accused
Prosecutors are required to apply the law to
criminal cases, protect the rights of the
persons involved in criminal proceedings,
respect human dignity and fundamental
rights, and ensure public security. They also
have duties to other individuals, including
persons suspected of a crime and witnesses.
 OVERVIEW OF THE DEPARTMENT OF JUSTICE

 The Department of Justice is under the executive

department of the Philippine government
responsible for upholding the rule of law in the
Philippines. It is the government's principal law
agency, serving as its legal counsel and prosecution
arm.
 WHAT DOES THE DOJ DO IN THE PHILIPPINE?

Under Executive Order (EO) 292, the DOJ is

the government's principal law agency. As
such, the DOJ serves as the government's
prosecution arm and administers the
government's criminal justice system by
investigating crimes, prosecuting offenders
and overseeing the correctional system.
 FUNCTION OF DEPART OF JUSTICE (DOJ)

The function of the Department of Justice is To

enforce the law and defend the interests of the
United States according to the law; to ensure
public safety against threats foreign and
domestic; to provide federal leadership in
preventing and controlling crime; to seek just
punishment for those guilty of unlawful behavior
 WHAT ARE THE PROGRAMS OF DOJ?
 Child Protection Program.
 Criminal Code Committee.
 DOJ Action Center.
 Inter-Agency Council Against Trafficking.
 Justice Sector Coordinating Council.
WHAT IS THE PURPOSE OF JUSTICE?
 The purpose of justice is to provide fair treatment to each
individual, without exception, in regard to their personal
rights according to the laws of the land of their residence or
in other countries where the individual’s country is
represented in a consulate.
 PRELIMINARY PROCEDURE

Any introductory action in the judicial

process designed to determine the
need for further court involvement or
to expedite a motion that requires
immediate attention.
 PRELIMINARY INVESTIGATION
 Preliminary investigation is a process that includes all of the
activities a responding police officer performs at the scene of
the crime.

PROCEDURE IN PRELIMINARY INVESTIGATION

1. In a preliminary investigation, the officer must first attend to
any injured parties and obtain proper care for them. This
step includes checking vital signs, calling an ambulance and
working with EMTs if necessary.
2. Next, the officer observes the scene. This observation
includes the position of the victim, any items near the victim,
and any unusual activities at the scene.
3.  Next, the officer will make a determination that a crime
was committed. Once this occurs, the officer will begin an
enforcement action. An enforcement action includes pursuing
an offender, making an arrest, or sending out an identifying
description of the offender for other officers to utilize.

4. Furthermore, the officer will secure the crime scene,

making sure that any evidence is preserved and no one
tampers with anything at the scene.
5. Next, the officer will interview witnesses in order to obtain
witness statements.

6. Finally, the officer compiles a report of his or her work. All of

this information is used in the formal post-crime scene
investigation.

IMPORTANT TERMS IN PRELIMINARY INVESTIGATION

 A preliminary investigation is 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 there of and should be
held for trial.
 INQUEST PROCEEDINGS

An inquest is an informal and summary

investigation conducted by the public
prosecutor in a criminal case involving
person's arrested and detained without
the benefit of a warrant of arrest issued
by the court. Additionally it is basically
a judicial inquiry.
 THE IMPORTANCE OF INQUEST PROCEEDINGS?

 It serves to determine whether said person's

should remain under custody and correspondingly
be charged in court.
FRONTLINES SERVICES
 Preliminary investigation/ Summary Investigation
 Inquest proceedings
 Prosecution of cases and
 Administrative services
-Case Verification/certificate
-Issuance of Prosecutor clearance and others.
 BAIL
 Bail is the security given for the release of a person in
custody of the law, furnished by him or a bondsman, to
guarantee his appearance before any court as required
under the conditions here in after specified. Bail may be
given in the form of corporate surety, property bond,
cash deposit, or recognizance.

 All persons, except those charged with offenses

punishable by reclusion Perpetua when evidence of guilt
is strong, shall before conviction, be bailable by
sufficient sureties, or be released on recognizance as
may be provided by law.
 Bail is the security required by the court and given by the
accused to ensure that the accused appear before the
proper court at the scheduled time and place to answer
the charges brought against him.

 The person seeking provisional release need not wait for

a formal complaint or information to be filed against him
as it is available to all persons where the offense is
bailable, so long as the applicant is in the custody of the
law.
 KINDS OF BAIL

CORPORATE BOND -one issued by a corporation licensed to

provide bail subscribed jointly by the accused and an officer
duly authorized by its board of directors

PROPERTY BOND -an undertaking constituted as a lien on

the real property given as security for the amount of the
bond
RECOGNIZANCE -an obligation of record
entered into usually by the responsible
members of the community before some
court or magistrate duly authorized to take it,
with the condition to do some particular act,
the most usual act being to assure the
appearance of the accused for trial.

.
CASH DEPOSIT -the money deposited by the
accused or any person acting on his behalf,
with the nearest collector of internal revenue,
or provincial, city or municipal treasurer.
Considered as bail, it may be applied to the
payment of any fees and costs, and the excess,
if any, shall be returned to the accused or to
whoever made the deposit.
 GUIDELINES IN FIXING AMOUNT OF BAIL

The judge who issued the warrant or granted the

application shall fix a reasonable amount of bail considering
primarily, but not limited to, the following factors:

(a) Financial ability of the accused to give bail

(b) Nature and circumstances of the offense
(c) Penalty for the offense charged
(d) Character and reputation of the accused
(e) Age and health of the accused
(f) Weight of the evidence against the accused
(g) Probability of the accused appearing at the trial
(h) Forfeiture of other bail
(i) The fact that the accused was a fugitive from justice
when arrested and
(j) Pendency of other cases where the accused is on bail.
Excessive bail shall not be required.
 BAIL WHEN NOT REQUIRED
 No bail shall be required when the law or these Rules so
provide. When a person has been in custody for a period equal
to or more than the possible maximum imprisonment
prescribed for the offense charged, he shall be released
immediately, without prejudice to the continuation of the trial
or the proceedings on appeal. If the maximum penalty to which
the accused may be sentenced is destierro, he shall be released
after thirty (30) days of preventive imprisonment. A person in
custody for a period equal to or more than the minimum of the
principal penalty prescribed for the offense charged, without
application of the Indeterminate Sentence Law or any modifying
circumstance, shall be released on a reduced bail or on his own
recognizance, at the discretion of the court.
 HAPPENS AFTER BAIL IS GRANTED
If a defendant is granted bail it means they are allowed
back into the public while they await trial or further police
investigation, instead of being remanded in custody. This
maybe be granted in the police station after interview or
the court after the preliminary hearing.
THE IMPACT OF BAIL
In effect, the cash bail system criminalizes poverty, as
people who are unable to afford bail are detained while they
await trial for weeks or even months. Cash bail perpetuates
inequities in the justice systems that are disproportionately
felt by communities of color and those experiencing poverty.
 PURPOSIVE OF BAIL

 To relieve an accused from the rigors until his conviction and

yet secure his appearance at the trial (Almeda V. Villaluz G.R.
No.L-31665, August 6,1975);
 To honor the presumption of innocence until his guilt is
proven beyond reasonable doubt;
 To enable him to prepare his defense without being
subjected to punishment prior to conviction
PROSECUTORIAL DISCRETIONS RELATIONSHIPS OF
THE PROSECUTION PILLAR WITH THE OTHER
PILLARS
 Relation to law enforcement -Accordingly, the police are
empowered to conduct investigations to give justice to
suspects, whereas prosecutors are empowered to check
the investigation conducted by the police and to dispose
the case for the prosecution, following the due process of
law.
 Relation to court -Prosecution ensures that persons
suspected of crimes are tried in a court of law and
sentenced if found guilty. The court or judicial body that
will hear and decide on the case must have the authority
to do so.
 Relation to correction -The prosecution pillar decides
weather the offender is guilty or not, and if guilty the
prosecution will then send the offender to the correction and
there the offender will serve the rightful punishment for his
crime committed they will also take custody of the offender.

 Relation to community -an offender must first undergo to the

prosecution before he/she could go back to the community,
first the prosecution will gather necessary evidence if there is,
to prove if the person is truly guilty, if she/he is proven guilty
the offender must first take or go to the correction to serve
his punishment, and if not guilty the prosecution will allow
the offender to go back to the community.