CRIMINAL MAY BE DEFINED IN THREE

DIFFERENT VIEWS:
• 1. In Criminological sense, a person may be considered as a criminal from the time he or she committed
the crime regardless whether or not it has been reported to the Police for investigation.

• 2. In legal sense, a person maybe considered a criminal only upon undergoing the judicial process and
upon determination by the Court that he or she is guilty beyond reasonable doubt.

• 3. In Criminal Justice sense, a criminal may be defined as one who has undergone the process and went
through all the pillars of the Criminal Justice System.
 FIVE STAGES IN THE CRIMINAL
JUSTICE PROCESS
1. Arrest - is the taking of a person into custody in order that he may be bound to answer for the commission of
an offense.

2. Charging - it is the filing of a criminal charge through complaint and information. The complaint or
information shall be in writing, in the name of the People of the Philippines and against all persons who appear
to be responsible for the offense involved.
• Complaint — a complaint is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the law violated.
• Information — an information is an accusation in writing charging a person with an offense, subscribed by
the prosecutor and filed with the court.
• 3. Adjudication - is the process by which a court judge resolves issues between two parties.

• 4. Sentencing – it is the process where the judge will decide the appropriate punishment after a criminal
pleads guilty or found guilty by the court.

• 5. Correction – (as a process) refers to the reorientation and reinstruction of the criminal offender in an
order to prevent him/her from repeating his deviant or delinquent actions. In correcting the deviant
behavior of the offender, the process does not consider necessity of punitive actions.
 DUE PROCESS AND ITS COMPONENTS
WHAT IS DUE PROCESS OF LAW?
"Due process of law" has been defined many, many times, and simply means that before a man can be deprived
of his life, liberty or property, he must be given an opportunity to defend himself.

• The concept of due process means that those who are accused of the crimes and those who are processed
through the Criminal Justice System must be given the basic rights guaranteed by the Constitution.

• Criminal due process requires that the accused be tried by an impartial and competent court in accordance with
the procedure prescribed by law and with proper observance of all the rights accorded to him under the
Constitution and applicable statute.
A. SUBSTANTIVE
• which requires the intrinsic validity of the law in interfering with the rights of the person to his life, liberty, or
property.
• Defines the elements that are necessary for an act to constitute as a crime and therefore punishable.

B. PROCEDURAL
• which consists of the two basic rights of notice and hearing, as well as the guarantee of being heard by an
impartial and competent tribunal (Cruz, Constitutional Law, 1993 Ed., pp. 102-106).
• Refers to a statute that provides procedures appropriate for the enforcement of the Substantive Criminal Law.
 HERE ARE SOME EXAMPLES OF HOW DUE
PROCESS IS APPLIED:

• Notice: Individuals must be given adequate notice of any legal action being taken against
them. For example, in criminal cases, individuals must be informed of the charges against
them and the date and time of their trial.

• Right to a fair and impartial trial: The right to a fair trial includes the right to an unbiased
judge, the right to present evidence and testimony, the right to cross-examine witnesses, and
the right to legal representation.
• Opportunity to be heard: Individuals have the right to be heard and to present their case
before an impartial decision-maker. This may include the opportunity to present evidence,
call witnesses, and make legal arguments.

• Protection of individual liberties: Due process ensures that individuals are protected from
arbitrary government action and have their basic liberties safeguarded. For example,
individuals cannot be deprived of life, liberty, or property without due process of law.

• Appellate review: Due process includes the right to appeal a decision to a higher court,
which provides an additional safeguard against potential errors or injustices in the legal
process.
THE PROSECUTION
PILLAR
 PROSECUTION DEFINE

• In Black's Law Dictionary, "prosecution" is defined as "the institution and continuance of a criminal suit, the
process of exhibiting formal charges against an offender before a legal tribunal, and pursuing them to final
judgment on behalf of the state or government, as by indictment or information.“

• In simpler terms, it's the process of bringing someone accused of a crime to trial in a court of law.
 WHAT IS PROSECUTION PILLAR IN THE CJS?
• The Prosecution as the pillar of the CJS simply means “a criminal action”.
• A proceeding instituted and carried on by due course of law, before a competent tribunal, for the
purpose of determining the guilt or innocence of a person charged with a crime.
• It is also used to designate the government as the party to the proceeding in a criminal action.
• It is the process by which formal charges are brought against a person accused of committing a
crime.
 THE PROSECUTION
• In the Philippines, the prosecutor is the government officer, tasked to conduct the prosecution of criminal
actions in court. The Revised Rules of Court expressly provides that the prosecution has the direction and
control of the case.

• Although in the Municipal Trial Court (MTC) or Municipal Circuit Trial Courts (MCTC) when the
prosecutor is absent, the offended party, any peace officer, or public officer charged with the enforcement of
the law violated may prosecute the case. But such authority shall cease upon actual intervention of the
prosecutor or upon elevated to the Regional Trial Court (RTC).
• It is also the course of action or process whereby accusations are brought before a court of justice to
determine the innocence of the accused.
• In all criminal prosecutions, the real offended party is the People of the Philippines, for a crime is an outrage
against, and its vindication is in favor of, the people in a sovereign state.
• Thus, all criminal cases are titled “People of the Philippines vs. ________________(thename of the accused)
• Note: The party against whom the criminal action was instituted is called the defense.
• This is applicable in the rural areas. The PNP may file the complaint with the inferior courts (i.e. the
Municipal Trial Courts or the Municipal Circuit Trial Courts). The judges of these inferior courts
act as quasi-prosecutors only for the purpose of the preliminary investigation.

• Once a prima facie case has been determined, the complaint is forwarded to the City or Provincial
Prosecutor’s Office which will review the case. When the complaint has been approved for filing with
the Regional Trial Court, a warrant of arrest for the accused will be issued by the court once the
information has been filled.
 PROSECUTION OF CRIMINAL OFFENSE
• In offenses that require Preliminary Investigation (PI), the complaint is instituted by filing it at the Office of
the Public Prosecutor. In offenses that those do not require PI, it also shall be filed at the Office of the Public
Prosecutor in MM and other chartered cities. In the provinces, it shall be filed with the court (MTC, MCTC)
• The so-called private crimes, it cannot be instituted unless the private offended gives the consent or initiates
the filing of the complaint against the offender.
• If the offense does not exceed imprisonment of one (1) year regardless of fine and the offender is not a
corporation. It shall undergo the required conciliation proceeding at the Barangays Justice System.
 CRIMINAL PROSECUTION FLOW CHART
Commission of a crime
Filing a complaint Warrantles arrest

Preliminary Investigation Inquest proceeding by prosecutor

Finding probable cause by Dismissal by investigating

Finding probable cause by prosecutor
prosecutor prosecutor

Sent to City/Provincial/Regional
Prosecutor or ombudsman

Approved by City/Provincial/Regional Disapproved by City/Provincial/Regional

Prosecutor Prosecutor

Aggrieved party in the resolution

of the prosecutor may file a
petition for review in the DOJ

Filing of information DOJ Approves finding of DOJ Does not find probable
probable cause cause
 PRELIMINARY INVESTIGATION:

• It is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender
a well founded belief that a crime has been committed and that the respondent is probably guilty thereof,
and be held for trial (Section 1, Rule 112, Rules of Court).
• PURPOSES/OBJECTIVES OF PRELIMINARY INVESTIGATION
a. To determine whether a crime has been committed and whether there is probable cause to
believe that the accused is guilty thereof;
probable cause - the facts and circumstances known to the officer at the time would lead a reasonable person
to believe that a crime has been committed or is about to be committed.
b. To secure the innocent against hasty, malicious and oppressive prosecution.
c. To protect the State from useless and expensive trials.
 PROCEDURE FOR CONDUCTING PRELIMINARY
INVESTIGATION
• 1. Filing of the complaint

• A complaint shall be filed before the investigating officer. This complaint shall be accompanied by:

a. The affidavits of the complainant

b. The affidavits of his witnesses; and
c. Other supporting documents that would establish probable cause (Sec. 3(a) Rule 112).

Note: It shall contain the address of the respondent.

• The affidavits that shall accompany the complaint shall be subscribed and sworn to before:

a. Any prosecutor
b. Before any government official authorized to administer oaths; or
c. In the absence or unavailability of the abovementioned, the affidavits may be subscribed and sworn to
before a notary public.

• Note: The officer or notary public before whom the affidavits were subscribed and sworn to must certify
that he personally examined the affiants and that he is satisfied that they voluntarily executed and
understood their affidavits (Sec. 3(a)Rule 112).
• Complaint — a complaint is a sworn written statement charging a person with an offense, subscribed by the
offended party, any peace officer, or other public officer charged with the enforcement of the law violated.

• Information — an information is an accusation in writing charging a person with an offense, subscribed by

the prosecutor and filed with the court.

• Affidavit – is a statement of facts under oath.

• Subpoena – is a process directed to a person requiring him to attend and testify at the hearing or trial
of an action, or at any investigation conducted under the law, or for the taking of his disposition.(sec.1
Rule 23, Rules of Court)

• subpoena ad testificandum orders a person to testify before the ordering authority or face
punishment.

• subpoena duces tecum orders a person or organization to bring physical evidence before the ordering
authority or face punishment.
 SUBPOENA VS. SUMMONS
Subpoena Summons
a legal document issued by a court or authorized government a legal document issued by a court to notify a defendant or
agency that commands a person to appear before it and respondent that a legal action has been filed against them.
provide testimony or produce documents or other evidence.
typically used in the context of a pending legal case or It informs the individual or entity of their legal rights and
investigation. obligations and provides them with a specific period within
which they must respond or appear in court.
A subpoena can be issued to witnesses, individuals, or typically served to defendants in civil or criminal cases,
organizations that may have relevant information or informing them of the specific allegations or claims against
evidence related to the case. them and the court proceedings they need to attend.
Failure to comply with a subpoena can result in legal Failure to respond to a summons may result in a judgment
consequences, such as being held in contempt of court. being entered against the defendant.
2. Dismissal or issuance of subpoena
• From the filing of the complaint, the investigating officer has ten (10) days within which to decide on which
of the following options to take:

a. To dismiss the complaint if he finds no ground to conduct the investigation

b. To issue a subpoena in case he finds the need to continue with the investigation, in which case the subpoena
shall be accompanied with the complaint and its supporting affidavits and documents (Sec. 3(b)
• 3. Filing of counter-affidavit

• The respondent who received the subpoena, the complaint, affidavits and other supporting documents, is not
allowed to file a motion to dismiss. Instead, within 10 days from receipt of subpoena, he is required to submit
his counter-affidavit, the affidavits of his witnesses and the supporting documents relied upon for his defense
(Sec. 3(c)Rule 112)

• Note: The respondent is not allowed to file a motion to dismiss. Instead, he must file a counter-affidavit.

• Despite the subpoena, if the respondent does not submit his counter-affidavit within the ten-day period granted
him, the investigating officer shall resolve the complaint based on the evidence presented by the complainant.
The same rule shall apply in case the respondent cannot be subpoenaed (Sec. 3(d) Rule 112).