RESOURCE MATERIAL SERIES No. 53

THE ROLE AND FUNCTION OF THE PROSECUTION IN THE
PHILIPPINE CRIMINAL JUSTICE SYSTEM
Menrado Valle-Corpuz*
INTRODUCTION
The criminal justice system, essentially,is the system or process in the community
by which crimes are investigated, and thepersons suspected thereof are taken into
custody, prosecuted in court and punished,if found guilty, provisions being made for
their correction and rehabilitation.
Prior to the advent of American
sovereignty in the country, we had the
Spanish law on criminal procedure. The
Royal Decree of September 4, 1884, byvirtue of which the Penal Code in force inthe archipelago, as amended in accordancewith the recommendations of the CodeCommittee, and its accompanying law—
the Provisional Law on Criminal
Procedure—were published and applied in
the Philippines pursuant to the Royal
Decree of December 17, 1884. It became
effective four months after its publicationin the Gaceta de Manila. In addition, thecompilation of the Laws of Criminal
Procedure of 1879 and the Law of Criminal
Procedure of 1882 also formed part of ourlaw on the subject.
During the American occupation,
General Otis issued General Orders No. 58
on April 23, 1990, which was amended atvarious times. Some of the amendments
were: Act No. 194, providing forpreliminary investigations; Act No. 440,
relating to counsels de officio; Act No. 590,
providing for preliminary investigations by
Justices of the Peace of provincial capitals;
Act No. 2677, prescribing the procedure ofappeals of cases originating in the Justice* State Prosecutor II, National Prosecution Service,
Department of Justice, Philippines.

272

of the Peace Courts to the Supreme Court;
Act No. 2709, regarding the exclusion ofan accused to be utilized as a government
witness; and Act No. 2886, changing thename of the party who should prosecutethe criminal action from that of “TheUnited States” to “The People of thePhilippines.”
The Philippine criminal justice system
is composed of five parts or pillars, namely,
law enforcement, prosecution, judiciary,
penology, and the community.
I. LAW ENFORCEMENT PROCESSThe law enforcement consists of theofficers and men of the Philippine National
Police (PNP), the National Bureau of
Investigation (NBI), and other agencies.
When they learn of the commission ofcrimes or discover them, their duty is to:a. Investigate the crime which may takethe form of surveillance and observationof suspects, other persons and premises;
interviewing persons with knowledge offacts directly or indirectly connected withthe offense; taking photographs(surreptitiously or otherwise); arranging
for entrapment; searching premises andpersons subject to constitutional andstatutory safeguards; and examining public
and other available records pertaining to
the persons involved and getting copies of
pertinent entries.
The police officers, in other words, collectevidence for use in the prosecution of thesuspects in the court. This may consist of
the testimony of witnesses, including
invited suspects, which are invariably
taken down in question-and-answer form;

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
writings and objects, e.g., gun, knife, otherweapons used in the commission of thecrime, clothing of the victim, etc.
b. Arrest suspects by virtue of a warrantof arrest issued by a judge on the basis ofevidence submitted by them or undercircumstances justifying a warrantees
arrest.
The instances when an arrest without
warrant may be lawfully effected by a peace
officer or a private person are as follows:(1) When in his presence, the person to
be arrested has committed, isactually committing or is attempting
to commit an offense;(2) When an offense has in fact just beencommitted, and he has personal
knowledge of facts indicating that theperson to be arrested has committed
it; and(3) When the person to be arrested is a
prisoner who has escaped from apenal establishment or place where
he is serving final judgment or
temporarily confined while his casein pending or has escaped while beingtransferred from one confinement toanother.
Any person who—while in custody orotherwise deprived of liberty—is underinvestigation for the commission of an
offense, has the following constitutionalrights, among others:
1) He must be informed of his right toremain silent and to have competentand independent counsel preferablyof his own choice. If the person
cannot afford the services of counsel,
he must be provided with one. Theserights cannot be waived except inwriting and in the presence ofcounsel;2) No torture, force, violence, threat,indimidation or any other means
which vitiate the free will shall be
used against him; secret detention

places, solitary, in communicado orother similar forms of detention areprohibited; and
3) Any confession or admission obtainedin violation of the foregoing shall beinadmissible in evidence against him.
c. Refer the case and the suspects to
the Office of the Public Prosecutor or
Municipal Trial Court for preliminary
investigation or directly to the Municipal
Trial Court for trial and judgment.
II. PROSECUTION PROCESSThe investigation and prosecution of allcases involving violations of penal laws arelodged with the Department of Justice(DOJ) through its National Prosecution
Service (NAPROSS).
The DOJ is headed by the Secretary ofJustice with three Undersecretaries
assisting him.
Aside from being the prosecution arm of
the government, the DOJ shall have thefollowing powers and functions:a. Act as principal law agency of thegovernment and as legal counsel andrepresentative thereof, whenever sorequired;b. Administer the probation andcorrection system;c. Extend free legal assistance/
representation to indigents and poor
litigants in criminal cases and noncommercial civil disputes;
d. Preserve the integrity of land titles
through proper registration;e. Investigate and arbitrate untitledland disputes involving small landowners
and members of indigenous culturalcommunities;

273

RESOURCE MATERIAL SERIES No. 53
f. Provide immigration andnaturalization regulatory services andimplement the laws governing citizenshipand the admission and stay of aliens;g. Provide legal services to the national
government and its functionaries,
including government owned or controlled
corporations and their subsidiaries; andh. Perform such other function as may
be provided by law. It consists of thefollowing constituent units:(1) Department proper;(2) Office of the Government Counsel;(3) National Bureau of Investigation;(4) Public Attorney’s Office;(5) Board of Pardons and Parole;(6) Parole and Probation Administration;(7) Bureau of Corrections;(8) Land Registration Authority;(9) Bureau of Immigration; and(10) Commission on the Settlement ofLand Problems.
The NAPROSS is with the “Department
Proper” which is under the control andsupervision of the Secretary of Justice. It
is composed of the Prosecution Staff in the
Office of the Secretary of Justice headedby the Chief State Prosecutor, the Regional
State Prosecution Offices headed by
Regional State Prosecutors, and theProvincial and City Prosecution Offices
headed by the Provincial Prosecutor andCity Prosecutor, respectively.
The Prosecution Staff or State
Prosecutors perform the following
functions:a. Investigate administrative charges
against prosecutors and other prosecution
officers;b. Conduct the investigation andprosecution of all crimes;

274

c. Prepare legal opinions on queries
involving violations of the Revised Penal
Code and special penal laws; andd. Review appeals from the resolutionsof prosecutors and other prosecuting
officers in connection with criminal cases
handled by them.
Regional State Prosecutors have thefollowing functions:(1) Implement policies, plans, programs,
memoranda, orders, circulars andrules and regulations of the DOJ
relative to the investigation andprosecution of criminal cases in his
region;(2) Exercise immediate administrative
supervision over all Provincial andCity Prosecutors and otherprosecuting officers of provinces andcities comprised within his region;(3) Prosecute any case arising within theregion.
Provincial and City Prosecutors have thefollowing functions:a. Be the law officer of the province or
city, as the case may be. He shall havecharge of the prosecution of all crimes,
misdemeanors and violations of city ormunicipal ordinances in the courts of suchprovince or city and shall therein discharge
all the duties incident to the institution of
criminal prosecutions;b. Investigate and/or cause to beinvestigated all charges of crimes,
misdemeanors and violations of all penal
laws and ordinances within their respective
jurisdictions and have the necessary
information or complaint prepared or madeagainst the persons accused. In the
conduct of such investigations, he or his
assistants shall receive the sworn
statements or take oral evidence of
witnesses summoned by subpoena for the
purpose;107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
c. Investigate commissions of criminal
acts and take an active part in thegathering of relevant evidence. For thispurpose, the National Bureau of
Investigation, Philippine National Policeand other offices and agencies of thegovernment shall extend to him thenecessary assistance;d. Act as legal adviser of themunicipality, and municipal district of theprovinces or the provincial or city
government and its officers or of the city.
As such, he shall, when so requested,submit his opinion in writing upon any
legal question submitted to him by any
such officer or body pertinent to the duties
thereof; ande. Assist the Solicitor General, when so
deputized in the public interest, in theperformance of any function or in the
discharge of any duty incumbent upon thelatter, within the territorial jurisdiction of
the former, in which cases, he shall be
under the control and supervision of the
Solicitor General with regard to the
conduct of the proceedings assigned to him
and render reports thereon.
The members of the NAPROSS are
selected from among qualified andprofessional trained members of the legal
profession who are of proven integrity andcompetence and have been in the actual
practice of the legal profession for at least
five years prior to their appointment or
have held during like period, any position
requiring the qualifications of a lawyer.
They shall be appointed by the Presidentof the Philippines upon recommendationof the Secretary of Justice.
Once appointed, prosecutors are
required to attend seminars, lectures,convention and continuing legal education
to enhance their skills in investigation andtrial works.

They enjoy a security of tenure because
they can be removed from office only for a
cause. Their appointments are notcoterminous with the appointing authority,
which means that even if the President who
appointed them is no longer in power, theyshall still remain in office.
In the discharge of their duties,
prosecutors are guided by their “Credo” andthe constitutional mandate that “a public
office is a public trust and public officers
and employees must at all times
accountable to the people, serve them withutmost responsibility, integrity, loyalty andefficiency, act with patriotism and justiceand lead modest lives.”
The prosecution process starts themoment the law enforcer, the complainantor public officer in charge of theenforcement of the law alleged to have been
violated files a case against a suspectedcriminal. With such filing, preliminary
investigation will set in and the second
stage in the life of a criminal action is now
in progress. The first stage is the police
investigation.
Preliminary investigation is the stage at
which the public prosecutor evaluates thefinding of the police or the evidence
submitted directly by a complainant or
public officer in charge of the enforcementof the law alleged to have been violated, todetermine if prosecution of the suspect incourt is warranted. The Rules of Court
define preliminary investigation as an
inquiry on proceeding for the purpose ofdetermining whether there is sufficientground to engender a well founded belief
that a crime cognizable by the Regional
Trial Court has been committed and that
respondent is probably guilty thereof, andshould be held for trial.
A preliminary investigation is an
important substantive right of persons
suspected of crimes, the deprivation ofwhich is tantamount to a deprivation of due
process of law. It is designed against hasty
and malicious prosecutions.

275

RESOURCE MATERIAL SERIES No. 53
Preliminary investigations may be
conducted by the public prosecutors or
judges of the Municipal Circuit Trial
Courts.
The procedures in the conduct of apreliminary investigation are as follows:(1) Filing of complaint and affidavits of
witnesses by the police, complainantor public officer in charge of theenforcement of the law alleged tohave been violated;(2) Personal examination of affiants by
the investigating prosecutor;(3) Preliminary action by investigatingprosecutor:• Dismiss the complaint if he finds
no cause to continue with theinquiry.
• Issue subpoena to respondent
requiring him to submit a counteraffidavit. However, if no suchcounter-affidavit is submitted, theinvestigating prosecutor shallresolve the case on the basis of theevidence submitted by the police,
public officer or complainant.
If a counter-affidavit is submitted but
there are matters which needclarification, the investigatingprosecutor may set a hearing topropound clarificatory questions.
(4) Preparation of resolution. Based on
the evidence presented, theinvestigating prosecutor may:
• Prepare information if he finds
cause to hold the respondent fortrial. An information is anaccusation in writing charging aperson with an offense subscribedby the fiscal and filed with thecourt.
• Otherwise, recommend thedismissal of the complaint.
However, in both cases, the approval of
the Provincial or City Prosecutor or the
Chief State Prosecutor of such
recommendation is necessary.

276

As regards offenses within thejurisdiction of Municipal Trial Courts, nopreliminary investigation is required bylaw. All that the public prosecutor isrequired to do is 1) to examine thecomplaint and supporting affidavit and 2)
to personally satisfy himself that theaffiants voluntarily executed andunderstood their affidavits and that thesuspect has probably committed the offense
charged. This examination anddetermination he does ex parte, i.e.,
without notice to and in the absence of thesuspect. He then files the information
directly with the court.
At the preliminary investigation of acrime cognizable by a Regional Trial Court,
the respondent has the following rights:(1) To have notice of the investigationand to have a copy of the complaint,
affidavits and other supporting
documents;(2) To submit a counter-affidavit andother supporting documents withinten days from notice;(3) To examine all other evidence
submitted by the complainant;(4) To be afforded an opportunity to bepresent at any hearing at whichclarification of certain matters is to
be made and submit questions to theinvestigating officer for the purpose.
It bears emphasis that aside from apreliminary investigation, there is anothertype of investigation which a prosecutor
may conduct, and this is what we callinquest investigation, which is an informal
and summary investigation conducted bya public prosecutor in criminal cases
involving persons arrested and detained
without the benefit of a warrant of arrestfor the purpose of determining whether or
not said persons should remain undercustody and correspondingly be charged incourt.
A respondent against whom an adverse
resolution was issued by the investigating

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
prosecutor is not without any remedy. He
may file an appeal to the Secretary ofJustice within fifteen days from receipt of
the questioned resolution.

written arguments or memoranda after
which the case is deemed submitted for
decision.
The law secures to every accused thefollowing rights during trial:

III. THE JUDICIAL PROCESS
If the preliminary investigation resultsin the finding that a crime has beencommitted and the suspect is probably
guilty thereof, the public prosecutor will filethe corresponding information in theproper court; thus, activating the judicial
process.
The case shall then be set forarraignment which is the first stage of acriminal action. It consists of the readingof the information or criminal complaint
in court to the accused in open court. The
accused is then asked how he pleads. The
accused may plead guilty or not guilty tothe offense charged. If he refuses to plead,a plea of not guilty will be entered for him.
If the accused pleads guilty, the court shallsentence him to the corresponding penalty
if it is satisfied of the voluntariness of theplea, and otherwise, of the guilt of theaccused. If the accused pleads not guilty,
the case is set for pre-trial and/or trial.
The pre-trial shall consider the following
matters:(1) Plea bargaining;(2) Stipulation of facts;(3) Marking for identification of evidenceof the parties;(4) Waiver of objections to admissibilityof evidence; and(5) Such other matters as will promote afair and expeditious trial.
No agreement or admission during the
pre-trial shall be used in evidence against
the accused unless reduced in writing andsigned by him and his counsel.
After the pre-trial stage, trial follows.
The prosecution commences thepresentation of evidence, followed by theaccused. Prosecution may present rebuttal
evidence. The parties may also present

a. To be presumed innocent until thecontrary is proved beyond reasonable
doubt;
b. To be informed of the nature andcause of the accusation against him;c. To be present and defend in person
and by counsel at every stage of theproceedings, from the arraignment to thepromulgation of judgment. The accusedmay, however, waive his presence at thetrial pursuant to the stipulations set forthin his bail bond, unless his presence is
specifically ordered by the court for
purposes of identification. The absence of
the accused without any justifiable cause
at the trial or a particular date of which hehad notice shall be considered a waiver of
his right to be present during that trial.
When an accused under custody had been
notified of the date of the trial and escapes,
he shall be deemed to have waived his rightto be present on said date and on all
subsequent trial dates until custody isregained. Upon motion, the accused mybe allowed to defend himself in person
when it sufficiently appears to the courtthat he can properly protect his rights
without the assistance of counsel;
d. To testify as a witness in his own
behalf but subject to cross-examination onmatters covered by direct examination. His
silence shall not in any manner prejudicehim;
e. To be exempted from being compelled
to be a witness against himself;
f. To confront and cross-examine thewitnesses against him at the trial. Either

277

RESOURCE MATERIAL SERIES No. 53
party may utilize as part of its evidence
the testimony of a witness who is deceased,out of or cannot with due diligence be foundin the Philippines, unavailable or otherwise
unable to testify, given in another case orproceeding (judicial or administrative)
involving the same parties and subject
matter, the adverse party having had theopportunity to cross-examine him;g. To have compulsary process issued tosecure the attendance of witnesses andproduction of other evidence in his behalf;h. To have a speedy, impartial andpublic trial; andi. To have the right of appeal in all cases
allowed and in the manner prescribed bylaw.
After the reception of the contending
parties pieces of evidence, the case is now
submitted for decision which the court
must render within ninety days after trial.
If the court acquits the accused because
in its view he is innocent or his guilt is notproven beyond reasonable doubt, the caseis definitely ended. Appeal by theprosecution is barred by the principle ofdouble jeopardy.
On the other hand, if it convicts theaccused because in its view his guilt of thecrime charged has been established beyond
reasonable doubt, the latter may move fora new trial or reconsideration which may
be based on either of the following grounds:
a. That errors of law or irregularities
have been committed during the trial
prejudicial to the substantial rights of theaccused; orb. That new and material evidence has
been discovered and produced at the trial,
and which, if introduced and admitted,
would probably change the judgement.

278

The motion for reconsideration may bebased on the errors of law or fact injudgment.
In lieu of moving for new trial orreconsideration or after denial of suchmotion, the convicted accused may appeal
to the Court of Appeals or the Supreme
Court within the time fixed by law. If theappeal of the convicted accused isunsuccessful and his conviction is affirmed,
the case will be remanded to the court oforigin for the execution of the judgement.
The latter court will set a date for theaccused to present himself for theenforcement of the judgement. At the timethus appointed, the court will issue anorder of commitment and the accused ispassed on the next component.
IV. PENAL OR CORRECTIONAL
PROCESS
Punishment is the isolation of theconvicts by imprisonment for the periods
laid down by the courts or in extreme cases,
their execution by the method prescribedby law—and correction and rehabilitation
are functions undertaken by theinstitutions set up by law, e.g., the Bureauof Prisons, Parole and Probation
Administration.
V. THE COMMUNITY
After the convicts have passed throughthe correction component—either
unconditionally (as by full service of theterm of imprisonment imposed on them),or by parole or pardon—they go back to thecommunity and either lead normal lives as
law-abiding citizens in their barangays, or,regrettably, commit other crimes and thus,
go back through the same processes andstages of the criminal justice system.
The community at large—through theappropriate legislative agencies, public andprivate educational institutions, parents
and guardians, churches, religiousorganizations, civic associations, etc.—

107TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
develops and exacts conformity withacceptable moral and ethical values,
creates the environment for thedevelopment of civic-spirited citizens, andfosters respect for and observance of theRule of Law.
In particular, members of the community
having knowledge of facts relevant to theinvestigation or prosecution of crimes, areexpected to cooperate with law enforcers
and investigators, by reporting crimes andgiving evidence against the offenders.
Attorneys in legal practice, or pertaining
to associations commited to giving legal aid
to indigent or otherwise deserving
individuals, should be reckoned as part of
the fifth component of the criminal justicesystem, the community. They participate
directly or indirectly in the criminal justicesystem by giving advice to, or representing,persons involved in criminal actions before
the proper authorities.
The community component should also
include government institutions that play arole in the criminal justice system, such as
the Bureau of Posts—which delivers court
notices; the Commission of Immigration andDeportation—which may prevent the
departure of suspects from the country; the
Bureau of Telecommunications—whichtransmits communications by telephone,telegram or radio; and the government
hospitals and medical centers (like the
National Psychopathic Hospital)—which
furnish experts who may enlighten the
courts on issues involving medical or othersciences, etc. Private institutions and civicorganizations should also be deemed part
thereof, since they may also have roles toplay in the criminal justice system.

community. The criminal justice system isall of these institutions or pillars
collectively. For it to work efficaciously andspeedily, it is essential for all these pillars
to work efficiently and with dispatch, andin cooperation and in coordination with one
another.
REFERENCES
1. The Court and the Criminal Justice
System by Honorable Chief JusticeAndres Narvasa, Supreme Court of thePhilippines.
2. Rules of Court (Rules 110 to 127).
3. P r e s i d e n t i a l D e c r e e N o . 1 2 7 5(Reorganizing the Prosecution Staff ofthe Department of Justice and the
Offices of the Provincial and City
Prosecutors, Regionalizing theProsecution service and Creating the
National Prosecution Service).
4. The Philippine Constitution.
5. Republic Act 296, as amended by Batas
Pambansa 129, otherwise known as the
Judiciary Act.
6. Executive Order No. 292 dated July 25,
1987, otherwise known as the
Administrative Code of 1987.
7. DOJ Order No. 223 dated June 30,
1993C (Revised Rules on Appeal from
Resolutions in Preliminary
Investigation/Reinvestigation).

CONCLUSION
The criminal justice system is not justthe agencies and persons charged with law
enforcement; not just the publicprosecution, nor the courts, nor just thepenal and correctional system, nor just the279