This document outlines the roles, duties, and functions of the prosecution pillar within the Philippine criminal justice system, emphasizing its significance as the second pillar responsible for prosecuting ordinary crimes. It discusses the National Prosecution Service (NPS), its organization, and the responsibilities of prosecutors in investigating and prosecuting criminal offenses, while highlighting their influential role in the justice system. Key elements of a criminal action, including the legal meaning of 'information' and requirements for initiating prosecution, are also addressed.

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.