Name: Jovie Duyan

Course/year: 1ST YEAR BS.crim B

Exercise/activity

1. Who is prosecutor?
- A prosecutor is a public officer having an authority to conduct legal actions concerning
the complaint filed at his office and perform other prosecution functions provided by
law.
2. State the composition of the prosecution.
- The judge is entrusted with decision making power, and cannot initiate judicial power,
and cannot initiate judicial process, the prosecutor’s primarily function is to initiate and
conduct criminal action, to supervise and direct the police during the investigative
phase.
3. Discuss how may a private lawyer prosecute criminal cases.
- In cases where only the civil liability is being prosecuted by a private prosecutor, the
head of the prosecution office must issue in favor of the private prosecutor a written
authority to try the case even in the absence of the public prosecutor. The written
authority must be submitted to the court prior to the presentation of evidence by the
private prosecutor in accordance with Sec. 5, Rule 110. With this authority on record,
the court may set the trial in the case and in other cases tried by private prosecutors
with delegated authority on separate days when the presence of the public prosecutor
may be dispensed with.
4. How shall a complaint be filed.
- The first step before filing a consumer complaint is to determine the territorial and
pecuniary jurisdiction of the complaint.
- After determining the jurisdiction of the complaint the consumer then has to send a
legal notice to the opposite party.
5. Who may file an information? And how it will be filed.
- Persons who are the subject of the data privacy violation or personal data breach may
appoint a duly authorized representative to prosecute the complaint on their behalf.
- If you decide to file a complaint, you must comply with the rule of exhaustion of
remedies. This means that you should show that there was an opportunity offered in
good faith to have the respondent comply with any legal obligations involving data
protection and privacy.
- Those who wish to file a complaint must comply with the rule of exhaustion of remedies.
This rule means that in filing the complaint, a complainant must be able to show that
there was an opportunity offered in good faith to have the respondent comply with any
legal obligations involving data protection and privacy.
MODULE IV
1. Discuss the rule of prosecution in the criminal justice system.
- The prosecutor's job is to see that all the relevant facts, including those favorable to an
accused, are placed before the court and to present those facts in an ethical, fair,
dispassionate, firm and clear manner. Prosecutors must refrain from all actions which
could lead to the conviction of innocent persons.
2. Discuss the working relationship of the prosecution and the law enforcement pillars of the
criminal justice system
- The criminal justice system, essentially, is the system or process in the community by
which crimes are investigated, and the persons suspected thereof are taken into
custody, prosecuted in court and punished, if found guilty, provisions being made for
their correction and rehabilitation
3. How shall preliminary investigation be conducted
- . — The preliminary investigation shall be conducted in the following manner:
- The complaint shall state 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. They shall be in such number of copies as there
are respondents, plus two (2) copies for the official file. The affidavits shall be subscribed
and sworn to before any prosecutor or government official authorized to administer
oath, or, in their absence or unavailability, before a notary public, each of who must
certify that he personally examined the affiants and that he is satisfied that they
voluntarily executed and understood their affidavits.
- Within ten (10) days after the filing of the complaint, the investigating officer shall either
dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to
the respondent attaching to it a copy of the complaint and its supporting affidavits and
documents
- The respondent shall have the right to examine the evidence submitted by the
complainant which he may not have been furnished and to copy them at his expense. If
the evidence is voluminous, the complainant may be required to specify those which he
intends to present against the respondent, and these shall be made available for
examination or copying by the respondent at his expense.
- Objects as evidence need not be furnished a party but shall be made available for
examination, copying, or photographing at the expense of the requesting party.
- Within ten (10) days from receipt of the subpoena with the complaint and supporting
affidavits 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 as provided in paragraph (a) of
this section, with copies thereof furnished by him to the complainant. The respondent
shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit.
- If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-
affidavits within the ten (10) day period, the investigating officer shall resolve the
complaint based on the evidence presented by the complainant.
- The investigating officer may set a hearing if there are facts and issues to be clarified
from a party or a witness. The parties can be present at the hearing but without the right
to examine or cross-examine. They may, however, submit to the investigating officer
questions which may be asked to the party or witness concerned.
- The hearing shall be held within ten (10) days from submission of the counter-affidavits
and other documents or from the expiration of the period for their submission. It shall
be terminated within five (5) days.
- Within ten (10) days after the investigation, the investigating officer shall determine
whether or not there is sufficient ground to hold the respondent for trial. (3a)
4. State the duties of the investigating prosecutor
- Prosecutors shall perform an active role in criminal proceedings, including institution of
prosecution and, where authorized by law or consistent with local practice, in the
investigation of crime, supervision over the legality of these investigations, supervision
of the execution of court decisions and the exercise of other functions as representatives
of the public interest.
MODULE V
1. Interpret what due process means?
- Due process, a course of legal proceedings according to rules and principles that have
been established in a system of jurisprudence for the enforcement and protection of
private rights.
2. Enumerate the appellate courts, do you consider them as such?
- Appellate courts should be considered as such because it reviews the decisions of lower
courts to determine if the court applied the law correctly. They exist as part of the
judicial system to provide those who have judgments made against them an opportunity
to have their case reviewed.
3. What is trial court
- A trial court or court of first instance is a court having original jurisdiction, in which trials
take place. A trial court of general jurisdiction is authorized to hear some type of civil or
criminal case that is not committed exclusively to another court
4. Is the court of appeals authorizing to try criminal cases?
- Unless otherwise provided by law, the Court of Appeals shall be composed of a Presiding
Justices and sixty-eight Associate Justices who shall sit in twenty-three Divisions of three
Justices each
5. Discuss the distinction between jurisdiction and venue
- Venue relates to trial not to jurisdiction, touches more of the convenience of the parties
rather than the substance of the case. Jurisdiction treats of the power of the court to
decide a case on the merits; while venue deals on the locality, the place where the suit
may be had.

MODULE V
1. Discuss the role of the court as third pillar of the criminal justice system
- The third pillar in its role as participants, the court determines for the guilt or innocence
of the accused. The courts are responsible for the trial process. As supervisor, the court
acts as important guardian of human rights.
2. What will come next if the accused enters a guilty plea during arraignment
- During an arraignment, pleas to a given charge are entered by defendants, which may
include:
- "Mute" plea: A person may "stand mute" instead of making a plea. The court will then
enter a plea of not guilty.
- No contest plea: A "no contest" or "nolo contendere" may be entered with the
permission of the court. This is essentially the same as a guilty plea, with the exception
that, unlike guilty plea, a "nolo contendere" plea usually cannot later be used against the
person in a civil lawsuit. A sentence is imposed.
- Guilty plea: This is a full admission to the facts of the crime and the fact that the person
pleading is the one who committed that crime. Following a guilty plea, the judges
imposes sentence.
- Not guilty plea: This states that the person did not commit the crime as accused. After a
not guilty plea, a pre-trial date will be set.
- At the time of the arraignment, the courts will also set the amount of bail, refuse bail to
the defendant, or release an individual on their own recognizance.
3. If the weight of evidence presented by both parties is equal what will be the decision of the
court?
- The rules of evidence shall be the same in all courts and in all trials and hearings, except
as otherwise provided by law or these rules
4. Discuss the distinction between limited jurisdiction and exclusive jurisdiction
- What is the difference between courts of limited jurisdiction and courts of general
jurisdiction?
- Courts of limited jurisdiction are courts that only hear certain types of cases. When
comparing federal court to state court, you can say that federal courts are courts of
limited jurisdiction because only certain types of civil cases belong in federal court while
almost any type of civil case belongs in state court.
- Federal courts may only hear civil cases in which the parties are citizens of different
states and the amount in controversy exceeds $75,000 (diversity jurisdiction) or where
the case raises a federal question (federal question jurisdiction). There are some
exceptions.