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2.2 History of Prosecution

The prosecutor serves as the lawyer for the state in criminal cases. Key roles of the prosecutor include evaluating evidence, filing criminal complaints and informations, and prosecuting alleged offenders in court on behalf of the people. A criminal action begins with the filing of a complaint or information and is the process by which the state seeks to determine the guilt or innocence of the accused through legal proceedings. The prosecutor works independently from the judiciary but as a member of the Department of Justice under the executive branch.

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802 views5 pages

2.2 History of Prosecution

The prosecutor serves as the lawyer for the state in criminal cases. Key roles of the prosecutor include evaluating evidence, filing criminal complaints and informations, and prosecuting alleged offenders in court on behalf of the people. A criminal action begins with the filing of a complaint or information and is the process by which the state seeks to determine the guilt or innocence of the accused through legal proceedings. The prosecutor works independently from the judiciary but as a member of the Department of Justice under the executive branch.

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Topic 5:

PROSECUTION

Teaching-Learning Activity/Lesson Proper

HISTORY OF PROSECUTION

The origin of the office of the prosecutor is found hundred of years ago in the jurisprudential
development and the common law of England. In the middle ages, the King has attorneys, sergeants,
and solicitors to perform some of the functions of the modern prosecutor. Before the thirteenth century,
the king appointed special attorneys to prosecute criminal cases. The general term attornatus was used
in England official documents in the Middle Ages to mean anyone who appeared for another as a
pleader, attorney, or essoiner.

The earliest laws of England defined crimes as being committed against a particular individual, not
against the state. The original prosecutor was a victim or an individual representing a victim who
stepped forward personally to initiate the prosecution of the alleged offender. The fact that the injured
or aggrieved were their own advocates quite often caused the prosecution to be carried out in a zealous
quest for vengeance.

Originally all crimes were torts; thus in early common law, any injury, whether to person or property,
was a tort. (A tort today is an injury to an individual that is not an offense against the state). The
historical custom of victims-prosecutors led to so much feuding that eventually the English King took
over the obligation of punishing each offender, the original declaration or concept being known as the
king’s peace. From this time on, any conduct that resulted in an injury to person or property was
considered
an offense against the king’s peace. Later, the injury was considered an offense against the state.

During the reign of Edward IV (1461-1483), William Husse was appointed attorney general of England.

Henry VIII (1509-1547) eliminated the vengeance prosecution system and in its stead provided a
system of “sergeants”, who were required to act as police prosecutors and to enforce penal statutes.
These sergeants were later to become well trained in the law.

PROSECUTION DEFINED

Prosecution is the process or method whereby accusations are brought before the court of justice to
determine the guilt or innocence of the accused.

Serving as the lawyer of the State/government in criminal cases, the prosecutor is automatically
considered an officer of the court; at the same time, he is formally a member of the Department of
Justice, under the Executive branch of the Government, and thus independent from the judiciary.

The prosecution service is made up of Provincial and City Public Prosecutors under the National
Prosecution Service (NPS). They perform to types of prosecutorial powers; investigatory and
prosecutory such as:

They evaluate the police findings referred to them, or other complaints filed directly with them by
individual persons (e.g. government officers in charge of enforcement of law violated);
They file corresponding INFORMATION OR CRIMINAL COMPLAINTS in the proper courts on
the basis of their evaluation of the proofs at hand; and
They prosecute the alleged offenders in court, in the name of the People of the Philippines.

Prosecute
To commence and carry on a criminal action or lawsuit in the name of the People of the Philippines.
To bring suit against for redress of wrong or punishment of crime.
To seek to enforce or obtain, as a claim or right, by legal process. To begin and
carry on a legal proceeding.

THE PROSECUTOR AND THE POLICE

1. Prosecutorial discretion typically enters the picture immediately after the arrest, when the
police investigative reports are forwarded to the prosecutor for review.
2. The prosecutor screens and evaluates the document in order to decide whether to accept or
reject the case for prosecution.
3. The action of the prosecution is dependent upon the police initiatory action, whereby the
criminal justice system relies on the: a) certainty of the arrest by the police
b) certainty of conviction by an effective prosecution
c) certainty of appropriate sentencing by the court

Who is a Prosecutor?

A prosecutor is a person responsible in evaluating evidences presented before him.

What are the roles of a Prosecutor?


They serve as the lawyer of the state or the government in any criminal case.
Automatically considered as the officer of the court.
He is a member of the Department of Justice under the executive branch of the government.

What is Criminal Action?

A criminal action is one by which the state prosecutes a person for an act or omission punishable by
law.
A criminal action is commenced by the filing of a complaint with the City or Provincial Prosecution
Office or with the Municipal Trial Court or Municipal Circuit Trial Court. However, criminal action
for an offense committed within Metro Manila, may be commenced only by the filing of a complaint
with the Prosecutor’s Office.

What is a Complaint?

A complaint is a sworn written statement charging a person with an offense subscribed by the
offended party or any peace officer or any employee of the government charge with the enforcement of
the law being violated.

Who is an offended party?


The offended party is the person against whom or against whose property the crime was committed.

What is Information?
Information is an accusation in writing charging a person with an offense subscribed by the prosecutor,
and filed with the court.

Distinctions between Complaint and Information


1. Complaint is subscribed by the offended party, any peace officer, or other public officer charged
with the enforcement of the law violated; while Information is subscribed by the prosecutor;
2. A Complaint is under oath; while an Information need not to be under oath;
3. A Complaint is filed with the court either for preliminary investigation or for trial; while
Information is filed with the court for trial.

What is Inquest or Inquest proceedings?

Inquest is an informal and summary investigation conducted by a public prosecutor in criminal cases
involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for
the purpose of determining whether or not said persons should remain under custody and
correspondingly be charged in court.

Initial Duty of Inquest Officer

The Inquest Officer shall first determine if the arrest of the detained person was made in accordance
with paragraphs a and b of Section 5, Rule 113 of the Rules on Criminal Procedure, as amended, which
provide that arrests without a warrant may be effected.

For this purpose, the Inquest officer may summarily examine the arresting officer on the circumstances
surrounding the arrest or apprehension of the detained person.
Where arrest not properly effected:
a. recommend the release of the person arrested or detained;
b. note down the disposition on the referral document;
c. prepare a brief memorandum indicating the reasons for the action taken; and
d. forward the same, together with the record of the case, to the City or Provincial Prosecutor for
appropriate action.

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