INTRODUCTION TO CRIMINAL JUSTICE SYSTEM

Justin Jayron Jimenea

PROSECUTION National Prosecution Service (NPS)

In this stage of justice system, determination of the legality of Assists the Secretary of Justice in the performance of powers
the action of the law enforcer and the evaluation of evidence and functions of the Department relative to its role as the
presented takes place. Likewise, presence of probable cause to prosecution arm of the government, particularly investigation
warrant prosecution known as Preliminary Investigation will be and prosecution of all criminal cases, except those under the
determined. exclusive jurisdiction of the Office of the Ombudsman.

Three (3) main functions of the prosecution pillar Officially constituted on April 11, 1978 with the issuance of
.1. To conduct Preliminary Investigation Presidential Decree No. 1275 by late President Ferdinand
2. To conduct Inquest Proceeding Marcos. The NPS consists of the Office of the Chief State
3. To act as the lawyer of the state in criminal Prosecutor and the Offices of the Regional State Prosecutor,
Prosecution Provincial and City Prosecutors. It likewise abolished the
position title of "fiscal" to "prosecutor" to reflect more
What is the prosecution as a pillar of the Criminal Justice accurately the position's basic functions.
System?
In the passage of RA No. 10071, An Act Strengthening and
The Prosecution as the pillar of the CJS simply pertains to "a Rationalizing the National Prosecution Service. The Act
criminal action". Furthermore, it refers to a proceeding changes the title Chief State Prosecutor into Prosecutor
instituted and carried on by due course of law, before a General who heads the National Prosecution Service.
competent tribunal, for the purpose of determining the guilt
or innocence of a person charged with a crime. Prosecutor General is assisted by five (5) Senior Deputy State
Prosecutors (Formerly Assistant Chief State Prosecutors) and a
"It is also used to designate the government as the party to the host of Senior Assistant State Prosecutors, Assistant State
proceeding in a criminal action." In a criminal case, it is also Prosecutors and Prosecution Attorneys. Regional, Provincial
referred to as the process by which formal criminal charges are and City Prosecution Offices remain the same as constituted in
brought against a person accused of committing a crime. PD No. 1275.

In the administration of Criminal Justice System, what is the

role of the prosecutor? Note: The NPS is under the supervision and control of the DOJ.
NPS is considered as the prosecutorial arm of the government.
The prosecutor perhaps plays the most crucial role in the
administration of criminal justice system because the office The Public Prosecutor
occupied a central and very important position between the
police and the Courts. The prosecutor is the person It is demanded of him nothing less than utmost diligence,
responsible in determining whether or not to bring formal unquestionable honesty, unblemished integrity and quiet
charges against persons suspected of committing crimes and dedication to serve the people at all times. (Atty. Claro A.
be brought to a judicial proceeding. The public prosecutor Arellano, Prosecutor General)
decides whether to prosecute the case or not. Hence, even
some authors refer to him as the "traffic cop" of the criminal The public prosecutors do not only initiate criminal action in
justice process. the name of the People of the Philippines, they also serve as
the trial or prosecution officers before the criminal court.
Moreover, the prosecutors decide whether or not to prosecute
The Department of Justice (DOJ) a case, or hold the case open for further action.

The Department of Justice (DOJ) obtains its functions from The Private Prosecutor
Executive Order No. 292 (Administrative Code of 1987). Its
mandate is to uphold the rule of law and ensure the effective Article 100 of the Revised Penal Code provides that: "Civil
and efficient administration of justice. It is the principal law liability of a person guilty of felony - Every person criminally
agency and legal counsel of the government. It is headed by liable for a felony is also civilly liable". Because of this, the
the Secretary of Justice, assisted by three (3) Undersecretaries, private complainant may acquire the services of a private
three (3) Assistant Secretaries, the Chief State Prosecutor, the counsel to act as a private prosecutor to protect his civil rights
Chief Sate Counsel, the Bureau of Corrections, the Board of as a result of a felony. However, the private prosecutor is
Pardons and Parole, and Support Services namely the technical under the direct control and supervision of the public
Staff, Financial and management Service, Administrative prosecutor.
Service and management Service Office.
 INTRODUCTION TO CRIMINAL JUSTICE SYSTEM
Justin Jayron Jimenea
Ombudsman (OMB) as Special Prosecutor chartered cities, the complaints shall be filed with the office of
the prosecutor unless otherwise provided in their charters.
Formerly known as the Tanodbayan, the OMB is created under (Section 1, Rule 110)
Section 5, Article XI of the 1987 Constitution.
Complaint
Mandate: (RA 6770), the Ombudsman Act of 1989
Powers and Functions: A complaint is a sworn written statement charging a person
· Fact-finding investigation with an offense, subscribed by the offended party, any peace
· Administrative Adjudication officer, or other public officer charged with the enforcement of
. Preliminary Investigation the law violated.(Section 3, Rule 110)
. Prosecution
. Public Assistance Information
.Enhance efficiency, effectiveness, transparency,accountability
and responsiveness Information is an accusation in writing charging a person with
an offense, subscribed by the prosecutor and filed with the
Who is being represented by the prosecutor in the court. (Section 4, Rule 110)
prosecution of the case?
Determination of Sufficiency of complaint or information
In Criminal prosecution, the public prosecutor represents the
State or the People of the Philippines. This is so because the 1. A complaint or information is sufficient if it states the name
real offended party is the people of the Philippines, for a crime of the accused;
is an outrage against it, and its vindication is in favor of the 2. the designation of the offense given by the statute;
people of the Philippines. The offended party in criminal 3. the acts or omissions complained of as constituting the
prosecution is merely a witness; mere collateral, for the crime offense;
that was committed by the accused is not against the offended 4. the name of the offended party;
party but against the people of the Philippines. 5. the approximate date of the commission of the offense;
and the place where the offense was committed.

What are some of the roles of the prosecutor? . When an offense is committed by more than one person, all
of them shall be
(a) To conduct Preliminary Investigation; included in the complaint or information. (Section 6, Rule 110)
(b) To make proper recommendation during the inquest
proceedings of the case referred to them by the police after Note:
the investigation of the suspect; Unless the date is essential element in the commission of the
(c) To represent the government or state during the crime, approximate date is sufficient.
prosecution of the case against the accused;
(d) To act as a legal officer of the province or City in absence of PRELIMINARY INVESTIGATION
its legal officer;
(e) To investigate administrative cases filed against State
Prosecutors, Provincial Prosecutors, including the support staff
of the National Prosecution Service (NPS).

How is prosecution of criminal offenses initiated in the

Philippine setting?

Criminal actions shall be instituted as follows:

a) For offenses where a preliminary investigation is required,

by filing the complaint with the proper officer for the purpose
of conducting the requisite preliminary investigation.
b) For all other offenses, by filing the complaint or information
directly with the Municipal Trial Courts and Municipal Circuit
Trial Courts, or the complaint with the office of the prosecutor.
In Manila and other