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1. The prosecution plays a crucial role in the Philippine criminal justice system as it occupies the central position between the police and the courts.
2. The prosecutor is responsible for carrying out the administration of the criminal justice system through adequately examining offenses and deciding whether to prosecute individuals, ensuring fairness and justice.
3. Preliminary investigations are conducted by prosecutors to determine if there is probable cause that a crime has been committed before criminal charges are formally filed. This helps preserve evidence and keep witnesses under the state's control.
1. The prosecution plays a crucial role in the Philippine criminal justice system as it occupies the central position between the police and the courts.
2. The prosecutor represents the government in criminal proceedings, ensuring crimes are adequately investigated and prosecuted while protecting the rights of the accused.
3. Preliminary investigations are conducted by prosecutors to determine if there is probable cause a crime has been committed and the respondent is probably guilty before criminal charges are formally filed.
The document provides an overview of the Philippine criminal justice system. It discusses the key stages and institutions involved, including:
1) Law enforcement agencies like the police that conduct investigations of reported crimes.
2) Prosecutors that evaluate evidence from police investigations and file criminal charges in court.
3) Courts that oversee legal proceedings, determine guilt or innocence, and sentence those convicted.
4) Correctional institutions that incarcerate and aim to rehabilitate those sentenced.
5) The role of communities in preventing crime and cooperating with law enforcement.
The criminal justice process aims to both punish wrongdoers and promote deterrence, retribution and behavioral change.
This document discusses the rules and procedures regarding preliminary investigations in the Philippines according to Rule 112 of the Rules of Court. It defines a preliminary investigation as an inquiry to determine if there is probable cause that a crime has been committed and the respondent is guilty. Preliminary investigations are required for offenses with penalties of at least 4 years and are conducted by prosecutors, judges, and other authorized officers in an inquisitorial manner. Their purpose is to preserve evidence and determine if a case should be filed in court. The rights and procedures related to preliminary investigations are further discussed.
This document provides an overview and history of the Office of the Ombudsman in the Philippines. Some key points:
- The Office of the Ombudsman was established in 1971 to investigate complaints against government officials and ensure accountability and integrity in public service.
- It has gone through various name and structural changes over time, with the current Office of the Ombudsman established by law in 1988.
- The Ombudsman has broad powers to investigate complaints, prosecute cases, issue subpoenas, and recommend disciplinary action or prosecution of government officials found to be involved in unlawful or unethical conduct.
- The Office is headed by the Ombudsman and their deputies
This document provides an overview of criminal procedure and testimony in the Philippines. It defines criminal procedure and discusses the difference between criminal law and criminal procedure. It also covers the sources of criminal procedure in the Philippines, the three main systems of criminal procedure (inquisitorial, accusatorial, and mixed), and the requirements of due process in criminal proceedings. Additionally, it examines the different types of criminal jurisdiction, including jurisdiction over the subject matter, territory, and person of the accused.
Article 11 accountability of public officersJudithFtlvr
1. The document outlines the accountability of public officers under the Philippine Constitution. It defines key terms like public office, public officer, and establishes standards for integrity and conduct.
2. It discusses the process for impeachment of public officials, the grounds for impeachment, and which officials can be impeached.
3. It creates the Office of the Ombudsman to investigate graft and corruption, and outlines their powers, functions, and fiscal autonomy.
4. It establishes protections against ill-gotten wealth and conflicts of interest, and requires public officers to disclose their assets and maintain allegiance to the State.
The document discusses the process of inquest in the Philippines. An inquest is conducted by a public prosecutor to determine whether a detained person should remain in custody or be charged in court when they have been arrested without a warrant. It outlines the documents required in an inquest, including an affidavit of arrest, and timelines for filing a complaint depending on the severity of the alleged crime. It also explains that the prosecutor must determine if the arrest was proper before proceeding with the inquest. If probable cause is found, the prosecutor may file a complaint in court and recommend bail.
1. The prosecution plays a crucial role in the Philippine criminal justice system as it occupies the central position between the police and the courts.
2. The prosecutor is responsible for carrying out the administration of the criminal justice system through adequately examining offenses and deciding whether to prosecute individuals, ensuring fairness and justice.
3. Preliminary investigations are conducted by prosecutors to determine if there is probable cause that a crime has been committed before criminal charges are formally filed. This helps preserve evidence and keep witnesses under the state's control.
1. The prosecution plays a crucial role in the Philippine criminal justice system as it occupies the central position between the police and the courts.
2. The prosecutor represents the government in criminal proceedings, ensuring crimes are adequately investigated and prosecuted while protecting the rights of the accused.
3. Preliminary investigations are conducted by prosecutors to determine if there is probable cause a crime has been committed and the respondent is probably guilty before criminal charges are formally filed.
The document provides an overview of the Philippine criminal justice system. It discusses the key stages and institutions involved, including:
1) Law enforcement agencies like the police that conduct investigations of reported crimes.
2) Prosecutors that evaluate evidence from police investigations and file criminal charges in court.
3) Courts that oversee legal proceedings, determine guilt or innocence, and sentence those convicted.
4) Correctional institutions that incarcerate and aim to rehabilitate those sentenced.
5) The role of communities in preventing crime and cooperating with law enforcement.
The criminal justice process aims to both punish wrongdoers and promote deterrence, retribution and behavioral change.
This document discusses the rules and procedures regarding preliminary investigations in the Philippines according to Rule 112 of the Rules of Court. It defines a preliminary investigation as an inquiry to determine if there is probable cause that a crime has been committed and the respondent is guilty. Preliminary investigations are required for offenses with penalties of at least 4 years and are conducted by prosecutors, judges, and other authorized officers in an inquisitorial manner. Their purpose is to preserve evidence and determine if a case should be filed in court. The rights and procedures related to preliminary investigations are further discussed.
This document provides an overview and history of the Office of the Ombudsman in the Philippines. Some key points:
- The Office of the Ombudsman was established in 1971 to investigate complaints against government officials and ensure accountability and integrity in public service.
- It has gone through various name and structural changes over time, with the current Office of the Ombudsman established by law in 1988.
- The Ombudsman has broad powers to investigate complaints, prosecute cases, issue subpoenas, and recommend disciplinary action or prosecution of government officials found to be involved in unlawful or unethical conduct.
- The Office is headed by the Ombudsman and their deputies
This document provides an overview of criminal procedure and testimony in the Philippines. It defines criminal procedure and discusses the difference between criminal law and criminal procedure. It also covers the sources of criminal procedure in the Philippines, the three main systems of criminal procedure (inquisitorial, accusatorial, and mixed), and the requirements of due process in criminal proceedings. Additionally, it examines the different types of criminal jurisdiction, including jurisdiction over the subject matter, territory, and person of the accused.
Article 11 accountability of public officersJudithFtlvr
1. The document outlines the accountability of public officers under the Philippine Constitution. It defines key terms like public office, public officer, and establishes standards for integrity and conduct.
2. It discusses the process for impeachment of public officials, the grounds for impeachment, and which officials can be impeached.
3. It creates the Office of the Ombudsman to investigate graft and corruption, and outlines their powers, functions, and fiscal autonomy.
4. It establishes protections against ill-gotten wealth and conflicts of interest, and requires public officers to disclose their assets and maintain allegiance to the State.
The document discusses the process of inquest in the Philippines. An inquest is conducted by a public prosecutor to determine whether a detained person should remain in custody or be charged in court when they have been arrested without a warrant. It outlines the documents required in an inquest, including an affidavit of arrest, and timelines for filing a complaint depending on the severity of the alleged crime. It also explains that the prosecutor must determine if the arrest was proper before proceeding with the inquest. If probable cause is found, the prosecutor may file a complaint in court and recommend bail.
This document discusses various topics related to legal ethics in the Philippines. It begins by outlining the sources of legal ethics such as the Canons of Professional Ethics, Supreme Court decisions, statutes, the Constitution, treatises and publications. It then defines key terms related to legal ethics and the practice of law such as attorney-at-law, counsel-at-law, attorney in fact, counsel de oficio, and others. The document also discusses Republic Act No. 6713, which establishes the code of conduct for public officials and employees, and how it correlates with related laws such as the Civil Service Code and Revised Penal Code. It concludes by summarizing the latest jurisprudence on topics like the practice of law
Criminal procedure outlines the steps for apprehending, prosecuting, and punishing those accused of criminal offenses. It begins with the initial investigation of a crime and concludes with the release of the offender. Criminal procedure in the Philippines originated from Spanish law and was later influenced by American law and various acts passed by the Philippine Commission and Congress. The court system has both inquisitorial and accusatorial elements, with the judicial set-up being primarily accusatorial. Courts have jurisdiction as conferred by law over certain types of criminal cases and civil matters. Regional trial courts have broad original jurisdiction while the Court of Appeals and Supreme Court have appellate jurisdiction to review cases.
This document outlines the rules for prosecuting criminal offenses in the Philippines. It discusses how criminal actions are instituted by filing complaints or informations, who is responsible for prosecution, and what must be included in complaints and informations such as the accused's name, offense details, dates, and locations. It also covers amending complaints/informations, where actions can be instituted, and exceptions for certain crimes.
This document provides an overview of key concepts in criminal law based on the Revised Penal Code of the Philippines. It defines criminal law and discusses the characteristics, theories, and general classes of crimes. It also covers the elements of felonies, the different types of criminal liability, and exceptions. Impossible crimes are discussed as well as the requisites for intentional and culpable felonies.
This document summarizes the key provisions of Article XI of the 1987 Philippine Constitution regarding accountability of public officers. It outlines the grounds and process for impeachment of high-ranking officials, as well as the procedures for removal of other public officers. It also describes the powers, functions, and composition of key accountability institutions like the Office of the Ombudsman, Sandiganbayan, and Office of the Special Prosecutor. Other topics covered include prohibitions on certain financial transactions, requirements for statements of assets/liabilities, and allegiance of public officers.
This document outlines the accountability of public officers under the Philippine Constitution. It discusses the nature of public office and the powers and duties of office holders. It also describes the qualifications, appointment process, and powers of the Office of the Ombudsman, which is tasked with investigating complaints against public officials and acts as a watchdog over the government. Public officers are expected to serve the people with integrity and be accountable to prevent corruption and abuse of power.
RIGHTS OF AN ARRESTEE DURING POLICE ARRESTUgochukwu Ugwu
1. Unlawful arrests have contributed to overcrowding in police stations and prisons, as arrests are sometimes made for civil matters or on frivolous grounds. Police also arrest friends and family of suspects to compel suspects to turn themselves in.
2. The rights of arrestees include being informed of the reason for arrest. The arrestee has the right to remain silent and consult a lawyer before making any statements. They must not be subjected to torture or inhumane treatment.
3. Electronic recording of confessions is allowed, as is oral confessions. Bail is to be granted free of charge within 24 hours, except for offenses punishable by death. The residual status of an arrestee is presumed
The Holy See sought to invoke sovereign immunity from a civil case filed against it regarding a land sale contract. The Court recognized the Holy See as a foreign sovereign based on its diplomatic relations with the Philippines. However, the Court also found that the land sale contract at issue was not a commercial transaction, but rather done for non-profit purposes, and was therefore a public act covered by sovereign immunity. As such, the civil case against the Holy See was dismissed.
This document provides an overview of key concepts in Philippine criminal law. It discusses limitations on penal legislation under the 1987 Constitution, the definition of criminal law, and characteristics of penal laws such as their universality, territoriality, and prospective application only. It also summarizes the three main theories of criminal liability - the classical, positivist, and eclectic theories. Rules on the construction and repeal of penal laws are outlined, followed by exceptions to the application of penal codes. Jurisdiction over crimes committed on board vessels is addressed. Finally, the document defines felonies and the elements and classifications of criminal acts.
This document outlines the Code of Conduct and Ethical Standards for Public Officials and Employees in the Philippines according to R.A. 6713. It details requirements for public officials and employees to disclose assets, liabilities, and financial interests. It also specifies standards to avoid conflicts of interest and restricts certain activities. Violations of the code's provisions can result in penalties such as fines, suspension, removal from office, or imprisonment depending on the offense.
this is all about criminal justice system of the philippines that includes the pillars of law enforcement, prosecutions, courts, corrections and community.
Accordingly, it is a system of practices employed by organizations used by the government in maintaining social control, deterring and controlling crime and sanctioning those who violate laws with criminal penalties.
It is the mechanism that society uses to maintain standards of conduct necessary to protect individuals and itself.
The purpose of the CJS is to deliver justice for all by convicting and punishing the guilty and helping them to stop offending
while protecting the innocent.
It is responsible for detecting crime and bringing it to justice; and in the process rehabilitate and reform criminal offenders and make them useful citizens in our society.
Preliminary investigation is required before filing a complaint or information for offenses with penalties of at least 4 years and 2 months in prison. A preliminary investigation determines if there is sufficient evidence that a crime was committed and the respondent is probably guilty. Criminal actions are usually prosecuted under the direction of the prosecutor, but in some local courts the offended party or enforcement officers can prosecute if the prosecutor is unavailable. The prosecution of certain offenses like adultery can only be initiated by the filing of a complaint by the offended spouse.
The document outlines 24 key non-negotiables of the Jan Lokpal Bill, including: 1) Making the Prime Minister and high court/supreme court judges subject to the Lokpal's authority. 2) Giving the Lokpal search and seizure powers. 3) Deemed the Lokpal's proceedings as judicial proceedings. 4) Giving the Lokpal suo moto investigation and prosecution powers. 5) Requiring public servants to submit property statements and deeming undisclosed properties to be obtained through corrupt means.
The document discusses the role and powers of the Ombudsman in the Philippine government based on provisions in Article XI of the Philippine Constitution. It states that the Ombudsman investigates and prosecutes government officials accused of crimes, independently monitors all three branches of government, and receives complaints from citizens. The Ombudsman usually prosecutes officials accused of graft and corruption. It also outlines the qualifications and appointment process for the Ombudsman and deputies.
The document discusses the role and powers of the Ombudsman in the Philippine government. It outlines that the Ombudsman independently monitors all three branches of government, investigates and prosecutes public officials accused of crimes like graft and corruption, and receives complaints from citizens. It also details the qualifications and appointment process for the Ombudsman and their deputies, as well as their powers and responsibilities in ensuring accountability of public officers.
Tax Crimes Prosecution - Principles, Procedures & Practical Insights into Cou...Olumide, Bidemi Daniel
The document provides an overview of tax crimes prosecution principles and procedures in Nigeria. It discusses key definitions, including what constitutes a crime. It also lists 80 different tax-related acts and omissions that Nigerian law considers offenses. For each offense, it provides the punishment provision and a brief remark on the main ingredients that must be proven. The overview is intended to help participants better understand the enforcement of criminal aspects of Nigeria's tax laws.
This document provides definitions and explanations of key legal terms from the Indian Code of Criminal Procedure (Cr.P.C). It defines and discusses bailable and non-bailable offenses, charge, cognizable and non-cognizable offenses, complaint, inquiry, investigation, judicial proceedings, offense, police report, public prosecutor, and warrant and summons cases. For each term, it provides the definition in Cr.P.C. and relevant case law examples to aid understanding of how the terms are applied in legal contexts.
This document contains an outline of topics related to criminal law in the Philippines. It discusses fundamental principles like the sources of criminal law, territoriality, and the different modes of committing felonies (dolo, culpa, mistake of fact, etc.). It also covers circumstances affecting criminal liability, persons criminally liable, penalties, and modification/extinction of criminal liability. The outline then delves into specific crimes organized by their nature (against national security, public order, persons, property, etc.).
Landmark judgement on 498 a false dowry casegurpreet singh
This document is a Supreme Court of India judgment regarding arrests made under Section 498A of the Indian Penal Code, which deals with cruelty by husband or relatives of husband. The Court notes that arrests under this law are often misused to harass husbands and in-laws, and that the rate of acquittals is very high. The Court emphasizes that arrests should only be made according to the guidelines in Section 41 of the Code of Criminal Procedure, which require the police to justify that arrest is necessary for investigation or to prevent tampering of evidence/witnesses. Police must consider if arrest is truly needed rather than making routine arrests.
This document discusses various topics related to legal ethics in the Philippines. It begins by outlining the sources of legal ethics such as the Canons of Professional Ethics, Supreme Court decisions, statutes, the Constitution, treatises and publications. It then defines key terms related to legal ethics and the practice of law such as attorney-at-law, counsel-at-law, attorney in fact, counsel de oficio, and others. The document also discusses Republic Act No. 6713, which establishes the code of conduct for public officials and employees, and how it correlates with related laws such as the Civil Service Code and Revised Penal Code. It concludes by summarizing the latest jurisprudence on topics like the practice of law
Criminal procedure outlines the steps for apprehending, prosecuting, and punishing those accused of criminal offenses. It begins with the initial investigation of a crime and concludes with the release of the offender. Criminal procedure in the Philippines originated from Spanish law and was later influenced by American law and various acts passed by the Philippine Commission and Congress. The court system has both inquisitorial and accusatorial elements, with the judicial set-up being primarily accusatorial. Courts have jurisdiction as conferred by law over certain types of criminal cases and civil matters. Regional trial courts have broad original jurisdiction while the Court of Appeals and Supreme Court have appellate jurisdiction to review cases.
This document outlines the rules for prosecuting criminal offenses in the Philippines. It discusses how criminal actions are instituted by filing complaints or informations, who is responsible for prosecution, and what must be included in complaints and informations such as the accused's name, offense details, dates, and locations. It also covers amending complaints/informations, where actions can be instituted, and exceptions for certain crimes.
This document provides an overview of key concepts in criminal law based on the Revised Penal Code of the Philippines. It defines criminal law and discusses the characteristics, theories, and general classes of crimes. It also covers the elements of felonies, the different types of criminal liability, and exceptions. Impossible crimes are discussed as well as the requisites for intentional and culpable felonies.
This document summarizes the key provisions of Article XI of the 1987 Philippine Constitution regarding accountability of public officers. It outlines the grounds and process for impeachment of high-ranking officials, as well as the procedures for removal of other public officers. It also describes the powers, functions, and composition of key accountability institutions like the Office of the Ombudsman, Sandiganbayan, and Office of the Special Prosecutor. Other topics covered include prohibitions on certain financial transactions, requirements for statements of assets/liabilities, and allegiance of public officers.
This document outlines the accountability of public officers under the Philippine Constitution. It discusses the nature of public office and the powers and duties of office holders. It also describes the qualifications, appointment process, and powers of the Office of the Ombudsman, which is tasked with investigating complaints against public officials and acts as a watchdog over the government. Public officers are expected to serve the people with integrity and be accountable to prevent corruption and abuse of power.
RIGHTS OF AN ARRESTEE DURING POLICE ARRESTUgochukwu Ugwu
1. Unlawful arrests have contributed to overcrowding in police stations and prisons, as arrests are sometimes made for civil matters or on frivolous grounds. Police also arrest friends and family of suspects to compel suspects to turn themselves in.
2. The rights of arrestees include being informed of the reason for arrest. The arrestee has the right to remain silent and consult a lawyer before making any statements. They must not be subjected to torture or inhumane treatment.
3. Electronic recording of confessions is allowed, as is oral confessions. Bail is to be granted free of charge within 24 hours, except for offenses punishable by death. The residual status of an arrestee is presumed
The Holy See sought to invoke sovereign immunity from a civil case filed against it regarding a land sale contract. The Court recognized the Holy See as a foreign sovereign based on its diplomatic relations with the Philippines. However, the Court also found that the land sale contract at issue was not a commercial transaction, but rather done for non-profit purposes, and was therefore a public act covered by sovereign immunity. As such, the civil case against the Holy See was dismissed.
This document provides an overview of key concepts in Philippine criminal law. It discusses limitations on penal legislation under the 1987 Constitution, the definition of criminal law, and characteristics of penal laws such as their universality, territoriality, and prospective application only. It also summarizes the three main theories of criminal liability - the classical, positivist, and eclectic theories. Rules on the construction and repeal of penal laws are outlined, followed by exceptions to the application of penal codes. Jurisdiction over crimes committed on board vessels is addressed. Finally, the document defines felonies and the elements and classifications of criminal acts.
This document outlines the Code of Conduct and Ethical Standards for Public Officials and Employees in the Philippines according to R.A. 6713. It details requirements for public officials and employees to disclose assets, liabilities, and financial interests. It also specifies standards to avoid conflicts of interest and restricts certain activities. Violations of the code's provisions can result in penalties such as fines, suspension, removal from office, or imprisonment depending on the offense.
this is all about criminal justice system of the philippines that includes the pillars of law enforcement, prosecutions, courts, corrections and community.
Accordingly, it is a system of practices employed by organizations used by the government in maintaining social control, deterring and controlling crime and sanctioning those who violate laws with criminal penalties.
It is the mechanism that society uses to maintain standards of conduct necessary to protect individuals and itself.
The purpose of the CJS is to deliver justice for all by convicting and punishing the guilty and helping them to stop offending
while protecting the innocent.
It is responsible for detecting crime and bringing it to justice; and in the process rehabilitate and reform criminal offenders and make them useful citizens in our society.
Preliminary investigation is required before filing a complaint or information for offenses with penalties of at least 4 years and 2 months in prison. A preliminary investigation determines if there is sufficient evidence that a crime was committed and the respondent is probably guilty. Criminal actions are usually prosecuted under the direction of the prosecutor, but in some local courts the offended party or enforcement officers can prosecute if the prosecutor is unavailable. The prosecution of certain offenses like adultery can only be initiated by the filing of a complaint by the offended spouse.
The document outlines 24 key non-negotiables of the Jan Lokpal Bill, including: 1) Making the Prime Minister and high court/supreme court judges subject to the Lokpal's authority. 2) Giving the Lokpal search and seizure powers. 3) Deemed the Lokpal's proceedings as judicial proceedings. 4) Giving the Lokpal suo moto investigation and prosecution powers. 5) Requiring public servants to submit property statements and deeming undisclosed properties to be obtained through corrupt means.
The document discusses the role and powers of the Ombudsman in the Philippine government based on provisions in Article XI of the Philippine Constitution. It states that the Ombudsman investigates and prosecutes government officials accused of crimes, independently monitors all three branches of government, and receives complaints from citizens. The Ombudsman usually prosecutes officials accused of graft and corruption. It also outlines the qualifications and appointment process for the Ombudsman and deputies.
The document discusses the role and powers of the Ombudsman in the Philippine government. It outlines that the Ombudsman independently monitors all three branches of government, investigates and prosecutes public officials accused of crimes like graft and corruption, and receives complaints from citizens. It also details the qualifications and appointment process for the Ombudsman and their deputies, as well as their powers and responsibilities in ensuring accountability of public officers.
Tax Crimes Prosecution - Principles, Procedures & Practical Insights into Cou...Olumide, Bidemi Daniel
The document provides an overview of tax crimes prosecution principles and procedures in Nigeria. It discusses key definitions, including what constitutes a crime. It also lists 80 different tax-related acts and omissions that Nigerian law considers offenses. For each offense, it provides the punishment provision and a brief remark on the main ingredients that must be proven. The overview is intended to help participants better understand the enforcement of criminal aspects of Nigeria's tax laws.
This document provides definitions and explanations of key legal terms from the Indian Code of Criminal Procedure (Cr.P.C). It defines and discusses bailable and non-bailable offenses, charge, cognizable and non-cognizable offenses, complaint, inquiry, investigation, judicial proceedings, offense, police report, public prosecutor, and warrant and summons cases. For each term, it provides the definition in Cr.P.C. and relevant case law examples to aid understanding of how the terms are applied in legal contexts.
This document contains an outline of topics related to criminal law in the Philippines. It discusses fundamental principles like the sources of criminal law, territoriality, and the different modes of committing felonies (dolo, culpa, mistake of fact, etc.). It also covers circumstances affecting criminal liability, persons criminally liable, penalties, and modification/extinction of criminal liability. The outline then delves into specific crimes organized by their nature (against national security, public order, persons, property, etc.).
Landmark judgement on 498 a false dowry casegurpreet singh
This document is a Supreme Court of India judgment regarding arrests made under Section 498A of the Indian Penal Code, which deals with cruelty by husband or relatives of husband. The Court notes that arrests under this law are often misused to harass husbands and in-laws, and that the rate of acquittals is very high. The Court emphasizes that arrests should only be made according to the guidelines in Section 41 of the Code of Criminal Procedure, which require the police to justify that arrest is necessary for investigation or to prevent tampering of evidence/witnesses. Police must consider if arrest is truly needed rather than making routine arrests.
Similar to Chapter-III.-The-Prosecution-Pillar-sdadjsdl.docx (20)
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
This document briefly explains the June compliance calendar 2024 with income tax returns, PF, ESI, and important due dates, forms to be filled out, periods, and who should file them?.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Receivership and liquidation Accounts
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Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
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"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
1. CHAPTER III
THE PROSECUTION PILLAR
This chapter presented the roles, duties and functions of the prosecution pillar as the 2nd
pillar of the
Philippine Criminal Justice System. This chapter only provided the general purpose of the prosecution
pillar to ordinary crimes and it did not include prosecution of special crimes such as graft and corrupt
practices, plunder, and the like which are within the ambit of other prosecuting body such as the
ombudsman.
EXPECTED LEARNING OUTCOMES
At the endof thischapter,studentsare expectedtohave:
a. familiarized the primary functions of prosecution as the 2nd
pillar of the Philippine Criminal Justice
System;
b. identifiedthe completeelementsof an“information;”
c. witnessedhowpreliminaryinvestigationandinquestproceedingare conductedbyprosecutor/s;and
d. analyzedandevaluatedthe inter-agencyrelationshipof the Philippine National PoliceandProsecution
on mattersof dispensationof criminaljustice.
Lesson 1. Introduction toProsecution
What is meant by the word Prosecute? Prosecute means to officiallyaccuse someone of committing a
crime inalawcourt,or (of alawyer) totrytoprove thatthe personaccusedof committingacrime isguilty
of thatcrime.!!!
Whoare Prosecutors? Prosecutorsare chargedwithaddressingviolationsof criminallaw andpromoting
publicsafety.Incarrying out these responsibilities,theymustalsobearin mindtheirrole as ministersof
justice andconsiderthe rights,needs,andinterestsof all membersof theircommunity,includingvictims
and individualswhoare chargedwithcriminal conduct.
2. Prosecutors wield enormous influence at every stage of the criminal process, from initial charging
decisions to the sentencessought and imposed. Along the way,they often control decisions about plea
bargainsandwhethermandatoryminimumsentenceswillbe triggered,andthus,greatlyimpactwhether
(andfor howlong) defendantsremaininjail andprison.
Prosecutorsare gatekeepersinthe justice system.Theyhave significantdiscretiontodecide whetherto
press charges and what those charges will be, to pursue charges in adult court and seek the maximum
penaltiesoroffera negotiatedpleadeal.Theycan advocate for or oppose treatment-basedalternatives
to incarceration,andtheyrecommendsentence length.Prosecutorscanwieldinfluence overhow justice
isserved.[2]
The National ProsecutionService (NPS)
The duty to prosecute criminal complaints is lodged at the NPS. Presidential Decree (PD) 1275 of 1978
establishedthe National ProsecutionService underdirectsupervisionof the secretaryof the Department
of Justice. It is empowered to investigate and prosecute all crimes described by the Revised Penal Code
(RPC), investigate administrative cases against its own officers, prepare legal opinions, or queries about
violations of the RPC and other laws, and to review appeals to resolutions of cases by prosecutors.
However,the NPSwas strengthenedandrationalizedthroughthe enactmentof Republic Act No. 10071
also known as the Prosecution Service Act of 2010 that repealed PD 1275. The Act provided National
ProsecutionServiceconstituentoffices thatincludedthe following:
A. ProsecutionStaff
The functionsof the ProsecutionStaff are:
1. Assistthe secretaryJustice inthe exercise of his/herappellate jurisdiction;
2. Conductthe preliminaryinvestigationandprosecutionof criminalcases involvingthe national security,
those for whichtask forceshave beencreatedand criminal caseswhose venuesare transferredtoavoid
miscarriage of justice,all whensodirectedbythe Secretaryof Justice aspublicinterestmayrequire;
3. Actas counsel forthe Peopleof thePhilippinesinanycase involvingorarisingfromacriminal complaint
investigatedbyanyof itsprosecutorsand pendingbeforeanytrial court;
4. Investigate administrative charges against prosecutors, other prosecution officers, and members of
theirsupportstaff,
3. 5. Prepare legal opinionsonqueriesinvolvingviolationsof the Revised PenalCode andspecial penal laws;
and
6. Monitorall criminal casesfiledwiththe Office of the ProsecutorGeneral;maintainanupdatedrecord
of the status each case; and adopt such systems and procedures that will expedite the monitoring and
dispositionof cases.
B. Regional Prosecution
The powersand functionsof the Regional Prosecutorare:
1. Implementpolicies,plans,programs,memoranda,orders,circulars,andrulesandregulationsof
the DOJ relative tothe investigationandprosecutionof the criminal casesinhis/herregion;
2. Exercise immediate administrative supervisionoverall provincial andcity prosecutorsand other
prosecutingofficersforprovincesandcitiescomprisedwithinhis/herregion;
3. Prosecute anycase arisingwithinthe region;
4. Whenso delegatedbythe Secretaryof Justice,resolve withfinalityappealsfromorpetitionsfor
reviewof judgementsandordersof provincialandcityprosecutorsandtheirassistantswithinthe
region in cases where the offenses charged are cognizable by the municipal trial court. This
notwithstanding, the Secretary of Justice is not precluded from exercising his power or review
oversuch resolutionsof the regional Prosecutorininstanceswhere liesgrave abuse of discretion
on the part of the Regional Prosecutor, and from determining the extent of the coverage of the
powerof reviewof the Regional Prosecutors,
5. Designate a prosecutor from any office of the provincial or city prosecutor within the regionas
ActingProvincial orCityProsecutortoinvestigate andprosecute acase ininstanceswhereparties
question the partiality or bias of a particular city or provincial prosecutor or where the city or
provincial prosecutor voluntarily inhibits himself/herself by reason of relationshipto any of the
partieswithinthe sixth(6¹) civil degreeof consanguinityoraffinity,
6. Withrespecttohis/herregionalofficeandthe officesof the provincialandcityprosecutorswithin
hisregion,he/she shall:
a. Appoint such number of subordinate officers and employees as may be necessary and approve
transfer of subordinate personnel within the jurisdiction of the regional office and exercise
4. disciplinary actions. Over them in accordance with the Civil Service law, other existing laws and
regulations;
b. Approve requestsfor sick, vacation,and maternityand other kindsof leaves,with or without
pay,fora periodnotexceedingone (1) year,forovertimeservices;forpermissiontoexercisetheir
professionortoengage inbusinessoutside of office hours;forofficialtravel withinthe regionfor
periodsnotexceedingthirty(30) days;andfor claimsand benefitsunderthe existinglaws;
c. Exercise immediate administrativesupervisionoverallthe provincialandcityprosecutors,their
assistantsandall otherprosecutingofficersof the provincesandcitieswithinhis/herregion;
d.Investigate administrativecomplaintsagainstprosecutorsandotherprosecutingofficerswithin
the regionandsubmithis/herrecommendationtothe Secretaryof Justicewhoshall,afterreview
thereof and where warranted, submit the appropriate recommendation to the office of the
presidentforthe latter’sconsideration;
e. Approve attendance of personnel in conferences, seminars, training programs within the
region;
f. Prepare the budget for the region for approval of the Secretary of Justice and administer the
same;
g. Approve requisition for supplies,materials, and equipment, as well as books, periodicals, and
the like and other items for the region in accordance with the approved supply procurement
program:
h. Negotiate and conclude contracts for services or for furnishing supplies, materials, and
equipmentandthe likeswithinthe budgetary limitssetforthe region;
i.Withinhis/herregion,monitorthesubmissionof all reportsasmaybe requiredbytheSecretary
of Justice;
j. Coordinate with the regional offices of other departments, bureaus, and agencies of the
governmentandwithlocal governmentsunitsin the region;and
k. Performsuch otherdutiesand functionsas may be providedbythe law or as may furtherbe
delegatedbythe Secretaryof Justice.
C. Provincial and City Prosecution Offices
PowersandFunctionsof the Provincial orCityProsecutorsare:
1. Be the lawofficerof the province orcity,as the case may be:
5. 2. Investigate and/or cause to be investigatedall the charges of crimes, misdemeanors and
violations of penal laws and ordinances within his/her respective jurisdictions, and have the
necessaryinformationorcomplaintpreparedormade andfiledagainstthe personsaccused.
In the conduct of such investigations, he or any of his/her assistants shall receive the
statements under oath or take oral evidence of witnesses, and for this purpose may by
subpoena summon witnesses to appear and testify under oath before him/her, and the
attendance orevidenceof anabsence orrecalcitrancewitnessmaybe enforcedbyapplication
to any trial court,and
3.Have charge of the prosecution of all crimes, misdemeanors, and violations of city or
municipal ordinancesinthe courtsat the province orcity andthereindischarge all the duties
incident to the institution of criminal actions,subject to the provisions of second paragraph
of Section 5 hereof .
Note:The NPS,through RepublicActNo.10071, is still undertheSecretary of Justice(Department
of Justice).
What is the Primary Responsibility of NPS? It is primarily responsible for the preliminary
investigationandprosecutionof all casesinvolvingviolationsof penal lawsunderthe supervision
of the Secretaryof Justice.[6]
Whoisthe headof the NPS? The headof the NPSisthe ProsecutorGeneral whoisformerlycalled
as the Chief State Prosecutor.
Divisionsof the NPS
1. The Inquest and Special Concerns Division. It conducts inquests and examines criminal
complaints filed directly with the prosecutor’s office. As mentioned earlier, inquest
proceedings are carried out by inquest prosecutors on cases involving persons arrested
withoutthe benefitof anarrestorder(asprescribedbythe DOJCircular16). Thisdivisiontoo
is responsible for appearing in the meetings called by the law enforcement agencies, and
relatedactivities.
2. The Preliminary Investigation and Prosecution Division. It is responsible for the conduct of
investigation and prosecution of cases once they are filed with the Office of the Prosecutor
General or those cases filed under inquest proceedings. It has oversight over the proper
conduct of preliminaryinvestigationandthe prosecutionof casesincourts.
3. The Review and Appeals Division. It evaluates and reviews appeals made or petitions filed
for reviewonfinal resolutionsof prosecutors,asdescribedabove.
6. 4. The Administrative, Personnel Development, and Support Services Division. It handles
careerimprovementandcontinuinglegal educationfor the NPS.
5. The Disciplinary, Field Operations, and Special Concerns Division. It has as its mandate the
conducting of investigations and preparing of resolutions on administrative charges against
prosecution and support staff. It coordinates and monitors the activities of the prosecution
staff in different levels all over the country and is also involved in legal research and in the
provisionof opinionsonthe proposedlegislationbythe DOJ.
Is prosecutingcriminal actions rest solelytothe NPS?
UnderSection5of The RevisedRulesof CriminalProcedure(Asamended,December1, 2000),the
general rule states that, “all criminal actions commenced by the filing of a complaint or
information shall be prosecuted under the direction and control of the prosecutor.” Also, the
Municipal Trial CourtorMunicipal CircuitTrialCourt,ifthe prosecutorisunavailable,theoffended
party, anypeace officerorpublicofficerincharge withthe enforcementof the law violatedmay
prosecute.Thisauthorityceasesuponactual interventionof the prosecutororuponelevationof
the case to the Regional Trial Court.
However, the preceding section was repealed by Administrative Matters No. 02-2-07 by the
Supreme Court that took effect on May 1, 2002 which states that, “all criminal actions either
commencedbycomplaintor by informationshall be prosecutedunderthe directionandcontrol
of a publicprosecutor.Incase of heavyworkschedule of the publicprosecutororinthe
Event of lack of public prosecutors, the private prosecutor may be authorized in writing by the
Chief of the ProsecutionOffice orthe Regional State Prosecutortoprosecute the case subjectto
the approval of the court. Once so authorized to prosecute the criminal action, the private
prosecutorshall continue toprosecute the case up to the endof the trial eveninthe absence of
a publicprosecutor,unlessthe authorityisrevokedorotherwise withdrawn.”
Hence, the Municipal Trial Court or Municipal Circuit Trial Court, the offended party, any peace
officerorpublicofficerincharge withthe enforcementof the law violated are nolongerallowed
to prosecute,
What isthe Doctrine ofMaliciousProsecution? Itisthe doctrine thatpertainstothe persecution
through the misuse or abuse of judicial processes or the institution and pursuit of legal
proceedingsforthe purpose of harassing,annoying,vexing,orinjuringaninnocentperson.
APPENDIX A. Lesson 1 Practical Exercises, pages 117-118
Lesson2. The Prosecutionas the 2nd
Pillarof CJS
7. The dutiesandfunctionsof the prosecutionpillarsetsinthe momentthe prosecutionreceivesa
complaint from law enforcement agency or private party. Hence, a criminal complaint is
instituted.
Institutionof Criminal Actions
Criminal actionsshall be institutedasfollows:
a. For offenseswhere apreliminaryinvestigation (see below) isrequiredpursuanttosection1
of Rule 112 of the Rules of Court, by filing the complaint with the proper officer for the
purpose of conductingthe requisitepreliminaryinvestigation.
Preliminary Investigation is an inquiry or proceeding to determine whether there is sufficient
ground to engenderawell-foundedbelief thata crime has beencommittedandthe respondent
isprobablyguiltythereof,andshouldbe heldfortrial.
b. For all other offenses,byfilingthe complaintorinformationdirectlywiththe Municipal Trial
Courts and Municipal CircuitTrial Courts, of the complaintwiththe office of the prosecutor.
In Manila and other chartered cities, the complaint shall be filed with the office of the
prosecutorunlessotherwiseprovidedin theircharters.
The institution of the criminal action shall interrupt the running period of prescription of the
offense chargedunlessotherwiseprovidedinspeciallaws
What is Information? Informationisan accusationin writingcharginga personwithan offense,
subscribed by the prosecutor and filed in the court. Information is subscribed by a prosecutor
while complaint,asmentionedearlierinChapterII,isusuallysubscribedbyalaw enforcer.
Note: An information shallbe in writing, in the nameof the Peopleof the Philippinesand against
all personswho appearto beresponsiblefor the offenseinvolved. Information isa technical term
underthe prosecution;it has legal meaning as defined abovewhich is differentfrominformation
being used in police investigation orpolice and military intelligence gathering operations.
ElementsofSufficientInformation
1. Name of the Accused. The informationmuststate the name and surname of the accusedor
anyappellationornicknamebywhichhe hasbeenorisknown.If itcannotbe ascertained,he
must be describedundera fictitiousname witha statementthat his true name is unknown.
If the true name of the accused is thereafter disclosed by him or appears in some other
mannerto the court, suchtrue name shall be insertedinthe informationandrecord.
2. Designationof the Offense.The informationshall state the designationof the offense given
by the statute, aver the acts or omissions constituting the offense, and specifyits qualifying
8. and aggravating circumstances. If there is no designation of the offense, reference shall be
made to the sectionor subsectionof the statute punishingit.
3. Cause of the Accusation. The actsor omissionscomplainedof asconstitutingthe offenseand
the qualifyingandaggravatingcircumstancesmustbestatedinordinaryandconcise language
and not necessarily in the language used in the statute but in terms sufficient to enable a
person of common understanding to know what offense is being charged as well as its
qualifyingandaggravatingcircumstancesandforthe court to pronounce judgment.
4. Place ofcommissionofthe Offense.The informationissufficientifitcanbe understoodfrom
its allegationsthatthe offense wascommittedorsome of the essential ingredientsoccurred
at some place within the jurisdiction of the court, unless the particular place where it was
committed constitutes an essential element of the offense or is necessary for its
identification.
5. Date of Commissionofthe Offense. Itisnotnecessarytostate inthe informationthe precise
date the offense was committed except when it is a material ingredientof the offense. The
offense may be alleged to have beencommitted on a date as near as possible to the actual
date of itscommission.
6. Name of the Offended Party. The information must state the name and surname of the
person against whom or against whose property the offense was committed, or any
appellationornickname bywhichsuchpersonhasbeenorisknown.If there isnobetterway
of identifyinghim,he mustbe describedunderafictitiousname.Also,the followingshall be
considered:
A. Inoffensesagainstproperty,if the name of the offendedpartyisunknown,
the property must be described with such particularity as to properly
identifythe offense charged.
B. If the true name of the personagainstwhomoragainstwhose properlythe
offense was committed is thereafter disclosed or ascertained, the court
must cause the true name to be inserted in the complaint or information
and the record.
C. If the offendedparty is a juridical person, it is sufficientto state its name,
or any name or designationby which it is known or by which it may be
identified,withoutneedof averringthatit is a juridical personor that it is
organizedinaccordance withlaw.
Is Duplicity of the Offense Allowed? No.Informationmustcharge butone offense,exceptwhen
the lawprescribesasingle punishmentforvarious offenses.
9. Is Amendment or Substitution of Complaint Prohibited? No. Information may be amended, in
formor insubstance,withoutleaveof court,atanytime before the accusedentershisplea.After
the plea and during the trial, a formal amendment may only be made with leave of court and
whenitcan be done withoutcausingprejudice tothe rightsof the accused.
However, any amendment before plea,which downgrades the nature of the offense charged in
or excludes any accused from the complaint or information, can be made only upon motion by
the prosecutor,withnotice tothe offendedpartyandwithleaveof court.The courtshall state its
reasonsinresolvingthe motionandcopiesof itsordershallbe furnishedall parties,especiallythe
offended party. If it appears at any time before judgment that a mistake has been made in
chargingthe properoffense,the courtshall dismissthe originalcomplaintuponthe filingof anew
one chargingthe properoffense,providedthe accusedshall notbe placed indouble jeopardy.
Place where Criminal Action isto be Instituted
A. Subject to existing laws, the criminal action shall be instituted and tried in the court of the
municipality or territory where the offense was committed or where any of its essential
ingredientsoccurred.
B. Where an offense is committed in a train, aircraft, or other public or private vehicle while in
the course of its trip, the criminal action shall be instituted and tried in the court of any
municipality or territory where such train, aircraft or other vehicle passed during such its trip,
includingthe place of itsdeparture andarrival.
C. Where anoffense iscommittedonboardavesselinthe courseof itsvoyage,the criminal action
shall be institutedandtriedinthe courtof the firstportof entryorof anymunicipalityorterritory
where the vessel passed during such voyage, subject to the generally accepted principles of
international law.
D. Crimescommittedoutside the PhilippinesbutpunishableunderArticle 2of the RevisedPenal
Code shall be cognizable bythe courtwhere the criminal actionisfirstfiled,1141
Duty of the Prosecutor to Conduct PreliminaryInvestigation
The preliminaryinvestigationisconducted:
1. To determine if there is sufficient ground to engender a well-founded belief that a
crime hasbeencommittedandthe respondentisprobablyguiltythereof,andshould
be heldfortrial;
10. 2. To protect the accused from the inconvenience, expense, and burden of defending
himself in a formal trial unless the reasonable probability of his guilt has been first
ascertainedinafairlysummaryproceedingbyacompetentofficer,
3. To secure the innocent against hasty, malicious and oppressive prosecution, and to
protecthimfromanopenandpublicaccusationof acrime,fromthe trouble,expense
and anxietyof apublictrial;and
4. To protectthe state fromhavingto conductuselessandexpensive trials
Instances whenis PreliminaryInvestigationRequired
1. Before acomplaintorinformationis filed,preliminaryinvestigationisrequiredforall offenses
punishable by imprisonment of at least 4 years, 2 months, and I day, regardless of the fine,
exceptif the accusedwasarrestedby virtue of a lawful arrestwithoutwarrant.
2. In case of lawful arrestwithoutwarrant,the complaintorinformationmaybe filedwithouta
preliminaryinvestigation unless the accused asks for a preliminary investigationand waives
hisrightsunderArticle 125 of the RPC:and
3. Whether or not there is a need for Pl depends upon the imposable penaltyfor the crime
chargedinthe complaintfiledwiththe cityorprovincial prosecutor’sofficeandnotuponthe
imposable penalty for the crime fund to have been committed by the respondent after a
preliminary investigation.
PersonsAuthorizedto Conduct PreliminaryInvestigation
1. Provincial orCityProsecutorsandtheirassistants:
2. Judgesof the Municipal Trial Courtsand Municipal CircuitTrial Courts:
3. National andRegional State Prosecutors; and
4. Other officersasmay be authorizedbylaw.
Their authority to conduct preliminary investigations shall include all crimes cognizable by the
propercourt intheirrespective territorial jurisdictions.
11. Effectsand Nature of a PreliminaryInvestigation
1.It ismerely inquisitorial;
2. It is the onlymeansof discoveringwhetherthe offensehasbeen committedandthe persons
responsible forit;
3. It enablesthe fiscal toprepare hiscomplaintandinformation
4. It is nota trial on the merits;
5. It determineswhetherthere isprobable cause tobelievethatanoffense Hasbeencommittedandthe
accusedis probablyguiltyof it;
6. It doesnot place the accusedin jeopardy;
7. It doesnot affectthe jurisdictionof the court-onlythe regularityof the proceedings;
8. The accusedcannot assertlack of preliminaryinvestigation.Courtcannotdismissthe case basedon
thisground-itshouldconductthe investigationororderthe fiscal orlowercourt to do it;
9. Preliminary investigationmaybe waived:
10. The accused shouldinvoke righttoPIbefore plea,otherwise itisdeemedwaived;
11. The accused doesn’thave full gamutof rightsyet.He doesn’thave right tocounsel unlessa
confessionisbeingobtainedfromhim;and
12. There isalsono right toconfrontwitnesses againsthim.
Is a Preliminary Investigation a Judicial Proceeding? Yes. It is a judicial proceeding where the
prosecutoror investigatingofficeracts as quasi judicial officer.Partiesare giventhe opportunity
to be heardand to produce evidence whichshall be weighedanduponwhicha decisionshall be
rendered.Since itisajudicial proceeding,the requirementof due processinjudicialproceedings
isalso requiredinpreliminaryinvestigations.
Criminal Investigationand PreliminaryInvestigation
Criminal investigation is a fact-finding investigation carried out by law enforcement officers for
the purpose of determining whether they should file a complaint for preliminary investigation
while Preliminary Investigation is conducted by prosecutors for the purpose of determining if
there isa probable cause to holda personfortrial.
What is probable Cause in Preliminary Investigation? It means such facts and circumstances as
would excite the belief, in a reasonable mind, acting on the facts within the knowledge of the
prosecutor,thatthe personchargedwas guiltyof the crime for whichhe wasprosecuted.
12. Procedure in Conductinga PreliminaryInvestigation
1. The complaintshall state:
a. The address of the respondent and shall be accompanied by the affidavits of the
complainant and his witnesses, as well as other supporting documents to establish
probable cause;and
b. The affidavits must be subscribed and sworn before the prosecutor or the
governmentofficial isauthorizedtoadministersuchornotary public.
2. Withinten(10) days afterthe filingof the complaint,the investigatingofficershall either:
a. Dismissitif he findsnogroundto continue withthe investigation;or
b. Issue a subpoena to the respondent attaching to it a copy of the complaint and its
supportingaffidavitsanddocuments.
Note:The respondentshallhavethe rightto examinethe evidencesubmitted by the complainant
which he may not have been furnished and to copy them at his expense. If the evidence is
voluminous,thecomplainantmayberequired to specify thosewhich heintendsto presentagainst
the respondent,and theseshall be madeavailable forexamination orcopying by the respondent
at his expense.
3. Withinten(10) daysfromreceiptof the subpoenawiththe complaintandsupportingaffidavits
and documents, the respondent shall submit his counter-affidavit and that of his witnesses and
other supporting documents relied upon for his defense. The counter-affidavits shall be
subscribed and sworn to and certified. The respondent shall not be allowed to file a motion to
dismissinlieuof acounter-affidavit.
4. If the respondentcannotbe subpoenaed,orif subpoenaed,doesnotsubmitcounter-affidavits
within the ten (10) day period, the investigating office shall resolve the complaint based on the
evidence presentedbythe complainant.
5. The investigating officer may set a hearing if there are facts and issues to be clarified from a
party or a witness.The partiescanbe presentat the hearingbut withoutthe right to examine or
cross-examine. The hearing shall be held within ten (10) days from submission of the counter
affidavitsandotherdocumentsor fromthe expirationof the periodfortheirsubmission.Itshall
be terminatedwithinfive (5) days.
13. 6. Within ten (10) days after the investigation,the investigating officer shall determine whether
or not there issufficientgroundtoholdthe respondentfortrial [17]
What is Resolution? Resolution under the purview of the prosecution refers to the document
prepared by the prosecutor that contains the result of his/her findings,that is, whether holding
the respondentfortrial ordismissingthe case orcomplaint.
Note: In writing the resolution, the prosecutor decides either to dismiss or endorse the filing of
formal charges for trial. If dismissing the complaint, the resolution should contain an argument
finding “no probable cause”. If the filing of formal charges is recommended, the resolution must
convincea supervising prosecutorthatthereis a “probablecause”and thatthere aregroundsfor
a well-founded belief thatthecrimehasbeen committed.Only then thatthechargesfiled in court.
ResolutionofInvestigatingProsecutor and Its Review
If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the
resolutionandinformation.He shall certifyunderoathinthe informationthathe,orasshownby
the record, an authorized officer, has personally examined the complainant and his witnesses;
that there isreasonablegroundtobelievethatacrime hasbeencommittedandthatthe accused
is probably guilty thereof; that the accused was informedof the complaint and of the evidence
submitted against him; and that he was given an opportunityto submit controverting evidence.
Otherwise,he shallrecommendthe dismissal of the complaint.
Withinfive (5) days from hisresolution,he shall forwardthe record of the case to the provincial
or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of
offensescognizable bythe Sandiganbayaninthe exercise of itsoriginal jurisdiction.Theyshallact
onthe resolutionwithinten(10) daysfromtheir receiptthereof andshallimmediatelyinformthe
partiesof such action.No complaintorinformationmaybe filedordismissedbyaninvestigating
prosecutorwithoutthe priorwrittenauthorityorapproval of the provincial orcity prosecutoror
chief state prosecutororthe Ombudsmanof hisdeputy.
Where the investigating prosecutor recommends the dismissal of the complaint but his
recommendationisdisapprovedbythe provincial or cityprosecutoror chief state prosecutoror
the Ombudsman or his deputy on the ground that a probable cause exists, the latter may, by
himself,file the informationagainst the respondent,or direct another assistant prosecutor or
state prosecutorto do sowithoutconductinganotherpreliminaryinvestigation.
If uponpetitionbyaproperpartyundersuch rulesasthe Departmentof Justice mayprescribeor
motuproprio,the Secretaryof Justice reversesormodifiesthe resolutionof the provincial orcity
prosecutor or chief state prosecutor, he shall direct the prosecutor concerned either to file the
14. correspondinginformationwithoutconductinganotherpreliminaryinvestigation,ortodismissor
move fordismissal of the complaintorinformationwithnoticetothe parties.The same rule shall
applyinpreliminaryinvestigationsconductedbytheofficersof theOffice of theOmbudsman.[19]
What is Inquest? An inquest is an informal and summary investigationconducted by the public
prosecutor(InquestProsecutororIO) ina criminal case involvingpersonsarrestedanddetained
without the benefit of a warrant of arrest issued by the court for the purpose of determining
whethersaidpersonsshouldremainundercustodyandcorrespondinglychargedincourt.
What is the Purpose of Inquest? The purpose of the inquest proceedingsis that while the state
acknowledges the law enforcers’ authority to arrest and detain the persons without a warrant,
the state mustalsoensure thatpersonsare notunlawfullydetained,andthattheyare notdenied
due process. The inquest establishes whether the evidence is sufficient enough to seek court
approval to keepthe personindetention.
CommencementandTermination ofInquest
The inquestproceedingsshall be consideredcommenceduponreceiptbythe InquestOfficer(10)
fromthe lawenforcementauthoritiesof the complaint/referral documentswhichshouldinclude:
A. The affidavitof arrest;
B. The investigationreport;
C. The statementof the complainantandwitnesses;and
D. other supportingevidence gatheredbythe police inthe course of the latter’sinvestigationof
the criminal incidentinvolvingthe arrestedordetainedperson.The 10shall,asfar as practicable,
cause the affidavitof arrestandstatements/affidavitsof the complainantandthe witnessestobe
subscribed and sworn to before him by the arresting officer and the affiants. The inquest
proceedingsmustbe terminatedwithinthe periodprescribedunderthe provisionsof Article 125
of the RPC,as amended.
The inquest requires the prosecutors to resolve the complaint that the police filed in a prescribed
period,whichvariesdependingonthe gravityof the offense.Casespunishable with:
1. Lightpenaltiesmustbe resolvedin12 hours;
2. Correctional penaltieswithin18hours,and
3.capital penaltieswithin36hours.
15. Hence, if the inquest prosecutor failsto complete the proceedings in the prescribed period,
thenthe personmustbe released.
In case Documents are Incomplete
When the documents presented are not complete to establish probable cause, the 10 shall
direct the law enforcement agency to submit the required evidence within the period
prescribedundertheprovisionsof Article125of the RPC,asamended;otherwise,the IOshall
orderthe releaseof the detainedpersonand,wherethe inquestisconductedoutsideof office
hours,directthe lawenforcementagencyconcernedtofile thecase withthe CityorProvincial
Prosecutorforappropriate action.
Presence ofthe DetainedPersonduring Inquest
The presence of the detained person who is under custody shall be ensured during the
proceedings.However,the productionof thedetainedpersonbefore theIOmaybedispensed
withinthe followingcases:
A. if he is confinedinahospital:
B. If he is detainedinaplace undermaximumsecurity.
C. if the productionof the detainedpersoninvolvessecurity risks;or
D. if the presence of the detained person is not feasible by reason of age, health, sex and
other similar factors. The absence of the detainedperson by reason of any of the foregoing
factors mustbe notedby the IO andreflectedinthe recordof the case.
Initial Duty of the InquestOfficer
The IO mustfirstdetermine if the arrestof the detainedpersonwasmade inaccordance with
the provisions of Rules on Criminal Procedure, as amended, which provide that arrests
withouta warrantmay be effected:
a. When,inthe presence of the arrestingofficer,the persontobe arrested hascommitted,
isactuallycommitting,orisattemptingtocommitan offense;
b. when an offense has in fact just been committed, and the arresting officer has personal
knowledge of facts indicating that the person to be arrested has committed it. For this
purpose, the IO may summarily examine the arresting officers on the circumstances
surroundingthe arrestof apprehensionof the detainedper-son.
16. Where Arrestnot ProperlyEffected
Shouldthe 10 findthatthe arrest was notmade in accordance withthe Rules,he shall
a. recommendthe release of the personarrestedordetained;
b. Note downthe dispositionof the referral document;
c. prepare a brief memorandumindicatingthe reasonsforthe actiontaken;and
d.forward the same,togetherwiththe recordof the case,tothe CityorProvincialProsecutor
for appropriate action.
Where the recommendationforthe releaseof the detainedpersonisapprovedbythe Cityor
Provincial Prosecutorbutthe evidence onhandwarrant the conduct of a regularpreliminary
investigation, the order of release shall be served on the officer having custody of said
detainee andshall directthe saidofficerto serve uponthe detainee the subpoenaornotice
of preliminary investigation, together with the copies of the charge sheet or complaint,
affidavits or sworn statements of the complainant and his witnesses and other supporting
evidence.
Where the Arrest ProperlyEffected
Shouldthe IOfindthatthe arrestwasproperlyeffected,the detainedpersonshouldbe asked
if he desires to avail himself of a preliminary investigation, if he does, he shall be made to
execute awaiverof the provisionsof Article125 of the RPC,as amended,withthe assistance
of a lawyerand,incase of non-availabilityof alawyer,aresponsiblepersonof hischoice.The
preliminary investigation may be conducted by the IO himself or by any other Assistant
Prosecutor to whom the case may be assigned by the City or Provincial Prosecutor, which
investigationshall be terminatedwithinfifteen(15) daysfromitsinception.
WhenProbable Cause is Present
If the 10 finds that probable cause exists, he shall forthwith prepare the corresponding
complaint/information with the recommendation that the same be filed in court. The
complaint/information shall indicate the offense committed and the amount of bail
recommended,if bailable. Thereafter, the record of the case, together with the prepared
complaint/information,shall beforwardedtothe CityorProvincialProsecutorforappropriate
action. The complaint/information may be filed by the 10 himself or by any other Assistant
Prosecutortowhomthe case may be assignedbythe Cityor Provincial Prosecutor.
WhenProbable Cause is Absent
If the 10 findsnoprobable cause,he shall:
a. recommendthe release of the arrestedordetainedperson;
b. Note downhisdispositiononthe referral document,
17. c. Prepare a brief memorandumindicatingthe reasonsforthe actiontakenand
d. forthwithforwardtherecordof the case totheCityorProvincialProsecutorforappropriate
action.If the recommendationof the 10 forthe release of the arrestedordetainedpersonis
approved, the order of release shall be served on the officer having custody of the said
detainee Shouldthe CityorProvincial Prosecutordisapprove therecommendationof release,
the arrested or detained person shall remain under custody. And the corresponding
complaint/informationshall be filed by the City or Provincial Prosecutor or by any Assistant
Prosecutortowhomthe case may be assigned .
Relationshipofthe Police with the Prosecutor
Paramountto the prosecutor’srole isto establishatthe initial stages.Thata probable cause
exists that a crime has been committed.This requires close coordination with investigating
agencies-the Philippine National Police, the National Bureau of Investigation, and quasi-
judicial bodies. Empowered to conduct investigation. Hence, there shall be coordination
between the prosecutors and the police in principle to ensure that the evidence collected
stands up to judicial scrutiny even at the early stages of a case. Courts rely heavily on the
evidence submitted by the prosecution panel, which comprises the work of both the police
and prosecutor. The panel is also obliged to ensure that witnesses appear in the court as
required, evidence is stored correctly, and that there are no undue delays from the side of
the prosecutionthatmayupsetthe hearingschedule.
Note: The processof prosecution presented is applicable to ordinary criminal cases; hence,it
does not apply to crimes committed by public employees and officials such as Plunder, Graft
and CorruptPracticesand the like.