The document outlines the functions of the prosecution pillar in the justice system, detailing the roles of the Department of Justice and the National Prosecution Service in criminal prosecution. It explains the preliminary investigation process, its purpose, and the conditions under which it is required, including the roles of prosecutors and the procedures involved. Additionally, it describes inquest proceedings for individuals arrested without a warrant and the process for determining their continued detention and whether to file charges.

1. SECOND PILLAR:
PROSECUTION

2. • THREE (3) MAIN FUNCTION OF THE PROSECUTION PILLAR
1. TO CONDUCT PRELIMINARY INVESTIGATION
2. TO CONDUCT INQUEST PROCEEDING
3. TO ACT AS THE LAWYER OF THE STATE IN CRIMINAL PROSECUTION
THE DEPARTMENT OF JUSTICE (DOJ)
THE DEPARTMENT OF JUSTICE (DOJ) OBTAINS ITS FUNCTIONS
FROM EXECUTIVE ORDER NO. 292 (ADMINISTRATIVE CODE OF
1987). ITS MANDATE IS TO UPHOLD THE RULE OF LAW AND
ENSURE THE EFFECTIVE AND EFFICIENT ADMINISTRATION OF
JUSTICE. IT IS THE PRINCIPAL LAW AGENCY AND LEGAL
COUNSEL OF THE GOVERNMENT.

3. • NATIONAL PROSECUTION SERVICES (NPS)
ASSISTS THE SECRETARY OF JUSTICE IN THE PERFORMANCE OF POWERS AND
FUNCTIONS OF THE DEPARTMENT RELATIVE TO ITS ROLE AS THE PROSECUTION
ARM OF THE GOVERNMENT, PARTICULARLY INVESTIGATION AND PROSECUTION
OF ALL CRIMINAL CASES, EXCEPT THOSE UNDER THE EXCLUSIVE JURISDICTION
OF THE OFFICE OF THE OMBUDSMAN.
OFFICIALLY CONSTITUTED ON APRIL 11, 1978 WITH THE ISSUANCE OF
PRESIDENTIAL DECREE NO. 1275 BY LATE PRESIDENT FERDINAND MARCOS. THE
NPS CONSISTS OF THE OFFICE OF THE CHIEF STATE PROSECUTOR AND THE
OFFICES OF THE REGIONAL STATE PROSECUTOR, PROVINCIAL AND CITY
PROSECUTORS. IT LIKEWISE ABOLISHED THE POSITION TITLE OF FISCAL TO
PROSECUTOR TO REFLECT MORE ACCURATELY THE POSITION’S BASIC
FUNCTIONS.
IN THE PASSAGE OF RA NO. 10071, AN ACT STRENGTHENING AND

4. • WHO MUST PROSECUTE CRIMINAL ACTION?
ALL CRIMINAL ACTIONS EITHER COMMENCED BY COMPLAINT
OR INFORMATION SHALL BE PROSECUTED UNDER THE DIRECTION
AND CONTROL OF A PUBLIC PROSECUTOR.
NOTE:
IN CASE OF HEAVY WORK SCHEDULE OF THE PUBLIC
PROSECUTOR OR IN THE EVENT OF LACK OF PUBLIC
PROSECUTORS, THE PRIVATE PROSECUTOR MAY BE AUTHORIZED
IN WRITING BY THE CHIEF OF THE PROSECUTION OFFICE OR THE
REGIONAL STATE PROSECUTOR TO PROSECUTE THE CASE
SUBJECT TO THE APPROVAL OF THE COURT.

5. PRELIMINARY INVESTIGATION (PI)
PRELIMINARY INVESTIGATION IS AN INQUIRY OR PROCEEDING TO
DETERMINE WETHER THERE IS SUFFICIENT GROUND TO ENGENDER A WELL
FOUNDED BELIEF THAT A CRIME HAS BEEN COMMITTED AND THE RESPONDENT IS
PROBABLY GUILTY THEREOF, AND SHOULD BE HELD FOR TRIAL. (SECTION 1, RULE
112)
NOTE:
A PROSECUTOR DOES NOT DETERMINE THE GUILT OR INNOCENCE OF THE
ACCUSED BUT MERELY DETERMINES THE EXISTENCE OF “PROBABLE CAUSE.”
WHEN P.I IS REQUIRED?
A PRELIMINARY INVESTIGATION IS REQUIRED TO BE CONDUCTED BEFORE
THE FILING OF A COMPLAINT OR INFORMATION FOR AN OFFENSE WHERE THE
PENALTY PRESCRIBED BY LAW IS AT LEAST FOUR (4) YEARS, TWO (2) MONTHS
AND ONE (1) DAY WITHOUT REGARD TO THE FINE.

6. PURPOSE OF PRELIMINARY INVESTIGATION
1. TO PROTECT THE INNOCENT AGAINST HASTY, OPPRESSIVE AND MALICIOUS
PROSECUTION
2. TO SECURE THE INNOCENT FROM AN OPEN AND PUBLIC ACCUSATION OF
TRIAL
3. TO PROTECT THE STATE FROM USELESS AND EXPENSIVE TRIALS
WHO CONDUCTS PRELIMINARY INVESTIGATION?
UNDER ADMINISTRATIVE MATTER NO. 05-8-26-SC EFFECTIVE OCTOBER
3, 2005, ONLY THE FOLLOWING MAY CONDUCT PRELIMINARY INVESTIGATION:
(a) PROVINCIAL OR CITY PROSECUTORS AND THEIR ASSISTANCE;
(b) NATIONAL AND REGIONAL STATE PROSECUTORS; AND
(c) OTHER OFFICERS AS MAY BE AUTHORIZED BY LAW.

7. •PRELIMINARY INVESTIGATION PROCESS
1.FILING OF THE COMPLAINT/ SWORN COMPLAINT-
AFFIDAVIT OF THE COMPLAINANT WITH
SUPPORTING DOCUMENTS
ADDRESS OF THE RESPONDENTS;
THE AFFIDAVITS OF THE COMPLAINANT;
THE AFFIDAVITS OF HIS WITNESSES, AND
OTHER SUPPORTING DOCUMENTS.

8. 2. DISMISSAL OF THE COMPLAINANT OR ISSUANCE OF A
SUBPOENA
FROM THE FILING OF THE COMPLAINT, THE INVESTIGATING
OFFICER HAS TEN (10) DAYS WITHIN WHICH TO DECIDE WHICH OF
THE FOLLOWING OPTIONS TO TAKE:
 TO DISMISS THE COMPLAINT- NO GROUND TO CONDUCT THE
INVESTIGATION
 TO ISSUE A SUBPOENA TO THE RESPONDENT- IN CASE HE FINDS
THE NEED TO CONTINUE WITH THE INVESTIGATION (
ACCOMPANIED WITH A COPY OF THE COMPLAINT AND ITS
SUPPORTING AFFIDAVITS AND DOCUMENTS)
• SUBPOENA

9. 3. FILING OF COUNTER- AFFIDAVIT BY THE RESPONDENT
WITHIN 10 DAYS FROM RECEIPT OF THE SUBPOENA,
HE IS REQUIRED TO SUBMIT HIS COUNTER- AFFIDAVIT, THE
AFFIDAVITS OF HIS WITNESSES AND THE SUPPORTING
DOCUMENTS RELIED UPON FOR HIS DEFENSE
NOTE:
WHEN THE RESPONDENT DOES NOT SUBMIT HIS
COUNTER-AFFIDAVIT WITHIN THE 10 DAYS PERIOD
GRANTED HIM, THE INVESTIGATING OFFICER SHALL
RESOLVE THE COMPLAINT BASED ON THE EVIDENCE
PRESENTED BY THE COMPLAINT.

10. 4. THE PROSECUTOR MAY SET A CLARIFICATION HEARING IF NECESSARY
WITHIN 10 DAYS FROM THE SUBMISSION OF THE COUNTER-
AFFIDAVIT, OTHER AFFIDAVITS AND DOCUMENTS FILED BY THE
RESPONDENT, OR WITHIN 10 DAYS FROM THE EXPIRATION OF THE
PERIOD FOR THEIR SUBMISSION, A HEARING MAY BE SET BY THE
INVESTIGATING OFFICER, IF THERE ARE FACTS AND ISSUES TO BE
CLARIFIED EITHER FROM A PARTY OR A WITNESS.
5. DETERMINATION BY THE INVESTIGATING OFFICER
WITHIN 10 DAYS FROM THE TERMINATION OF THE
INVESTIGATION, THE INVESTIGATING PROSECUTOR SHALL
DETERMINE WHETHER OR NOT THERE IS SUFFICIENT GROUND TO
HOLD THE RESPONDENT FOR TRIAL.

11. • RESOLUTION OF INVESTIGATING PROSECUTOR
 IF FINDS PROBABLE CAUSE TO HOLD THE RESPONDENT FOR TRIAL
HE SHALL PREPARE BOTH THE RESOLUTION AND INFORMATION
 IF HE DOES NOT FIND PROBABLE CAUSE
HE SHALL RECOMMEND THE DISMISSAL OF THE COMPLAINT.
COMPLAINT
IS A SWORN WRITTEN STATEMENT CHARGING A PERSON WITH AN
OFFENSE, SUBSCRIBED BY THE OFFENDED PARTY, OR ANY PEACE OFFICER,
OR OTHER PUBLIC OFFICER CHARGED WITH THE ENFORCEMENT OF THE LAW
VIOLATED. (SECTION 3, RULE 110)
INFORMATION
INFORMATION IS AN ACCUSATION IN WRITING CHARGING A PERSON
WITH AN OFFENSE, SUBSCRIBED BY THE PROSECUTOR AND FILED WITH THE
COURT. (SECTION 4, RULE 110)

12. WITHIN 5 DAYS FROM HIS RESOLUTION, HE SHALL FORWARD THE
RECORD OF THE CASE TO THE PROVINCIAL OR CITY PROSECUTOR OR CHIEF
STATE PROSECUTOR, OR TO THE OMBUDSMAN OR HIS DEPUTY IN CASES OF
OFFENSE COGNIZABLE BY THE SANDIGANBAYAN IN THE EXERCISE OF ITS
ORIGINAL JURISDICTION. THEY SHALL ACT ON THE RESOLUTION WITHIN 10
DAYS FROM THEIR RECEIPT THEREOF AND SHALL IMMEDIATELY INFORM THE
PARTIES OF SUCH ACTION. ( SECTION 4, RULE 112)
NOTE:
NO COMPLAINT OR INFORMATION MAY BE FILED OR DISMISSED BY AN
INVESTIGATING PROSECUTOR WITHOUT THE PRIOR WRITTEN AUTHORITY OR
APPROVAL OF THE PROVINCIAL OR CITY PROSECUTOR OR CHIEF STATE
PROSECUTOR OR THE OMBUDSMAN OR HIS DEPUTY.
COMPLAINT INFORMATION
SUBSCRIBED BY The offended party, any peace officer
or other officer charged with the
enforcement of the law violated
By the prosecutor
WHERE TO FILE Either in the court or the Prosecutor’s
Office
Court
REQUIRMENTS Must be made under oath Need not to be oath

13. • RULE WHEN RECOMMENDATION FOR DISMISSAL IS APPROVED
WHERE THE INVESTIGATING PROSECUTOR RECOMMENDS
THE DISMISSAL OF THE COMPLAINT BUT HIS RECOMMENDATION
IS DISAPPROVED BY THE PROVINCIAL OR CITY PROSECUTOR OR
CHIEF STATE PROSECUTOR OR THE OMBUDSMAN OR HIS
DEPUTY ON THE GROUND THAT A PROBABLE CAUSE EXIST, THE
LATTER MAY, BY HIMSELF, FILE THE INFORMATION AGAINST THE
RESPONDENT, OR DIRECT ANOTHER ASSISTANT PROSECUTOR
OR STATE PROSECUTOR TO DO SO WITHOUT CONDUCTING
ANOTHER PRELIMINARY INVESTIGATION. (SECTION 4, RULE 112)

14. FLOW CHART OF PRELIMINARY INVESTIGATION
Resolution of the investigating prosecutor
Filing of the complaint accompanied by affidavits and supporting documents
Hearing (optional)
Within 10 days after the filing, the investigating officer shall either dismiss or issue subpoena
If the subpoena is issued, respondent shall submit a counter-affidavit and other supporting
documents within 10 days from receipt thereof

15. • WHEN P.I IS NOT REQUIRED EVEN IF THE OFFENSE REQUIRES P.I ?
1. IF A PERSON IS ARRESTED LAWFULLY WITHOUT WARRANT
INVOLVING AN OFFENSE WHICH REQUIRES A PRELIMINARY
INVESTIGATION, THE PENALTY IS ATLEAST 4 YEARS, 2 MONTHS AND
1 DAY, AN INFORMATION OR COMPLAINT MAY BE FILED AGAINST
HIM WITHOUT NEED FOR PRELIMINARY INVESTIGATION. IF HE HAS
BEEN ARRESTED IN A PLACE WHERE AN INQUEST PROSECUTOR IS
AVAILABLE, AN INQUEST WILL BE CONDUCTED INSTEAD OF
PRELIMINARY INVESTIGATION. IN THE ABSENCE OR
UNAVAILABILITY OF AN INQUEST PROSECUTOR, THE COMPLAINT
MAY BE FILED DIRECTLY WITH THE PROPER COURT ON THE BASIS
OF THE AFFIDAVIT OF THE OFFENDED PARTY OR ARRESTING
OFFICER OR PERSON. ( SECTION 7, RULE 112)

16. 2. THE FACT THAT A PERSON WAS LAWFULLY ARRESTED WITHOUT A
WARRANT DOES NOT ABSOLUTELY BAR HIM FROM AVAILING OF
PRELIMINARY INVESTIGATION BECAUSE BEFORE THE COMPLAINT
OR INFORMATION IS FILED, HE MAY ASK THAT P. I BE CONDUCTED.
HOWEVER, BEFORE HE IS GRANTED THE P.I ASKED FOR BY HIM, HE
MUST SIGN A WAIVER OF THE PROVISION OF ART 125 OF THE RPC.
THE RULE IS THAT A PERSON SUBJECT OF A WARRANTLESS
ARREST MUST BE DELIVERED TO THE PROPER JUDICIAL
AUTHORITIES WITHIN THE PERIODS OF 12, 18 AND 36 HOURS,
OTHERWISE, THE PUBLIC OFFICIAL OR EMPLOYEE COULD BE HELD
LIABLE FOR THE FAILURE TO DELIVER EXCEPT IF GROUNDED ON
REASONABLE AND ALLOWABLE DELAYS.

17. 3. BY THE VIRTUE OF RA 7438, ANY WAIVER BY THE PERSON ARRESTED OR DETAINED
OR UNDER CUSTODIAL INVESTIGATION SHALL BE IN WRITING, SIGNED BY SUCH
PERSON IN THE PRESENCE OF HIS COUNSEL, OTHERWISE SUCH WAIVER SHALL BE NULL
AND VOID. (SEC2, RA 7438 AND RULES OF COURT)
INQUEST PROCEEDING
IT IS INFORMAL AND SUMMARY INVESTIGATION CONDUCTED PUBLIC
PROSECUTOR IN CRIMINAL CASES INVOLVING PERSONS ARRESTED AND DETAINED
WITHOUT THE BENEFIT OF A WARRANT OF ARREST AND OF DETERMINING WHETHER
OR NOT SAID PERSONS SHOULD REMAIN UNDER CUSTODY AND CORRESPONDINGLY
CHARGED IN COURT.
NOTE:
 IF THE ARREST IS VALID- THE CASE WILL FILE IN COURT
 IF THERE’S A SUFFICIENT EVIDENCE BUT THE ARREST IS ILLEGAL/QUESTIONABLE-
WILL REFER FOR FURTHER INVESTIGATION
 INSUFFICIENT EVIDENCE BUT THE ARREST IS LEGAL- WILL REFER FOR FURTHER
INVESTIGATION

18. PRELIMINARY INVESTIGATION INQUEST PROCEEDING
NOT ARRESTED ARRESTED
NOT DETAINED ALREADY DETAINED
REGULAR FILING SUMMARY PROCEEDING
DETERMINATION OF PROBABLE CAUSE TO FILE AN
INFORMATION IN COURT
DETERMINATION OF VALID CAUSE FOR THE
CONTINUED DETENTION
NO WARRANT OF ARREST YET NO WARRANT OF ARREST NEEDED

19. •THE END