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B. Prosecution of Cases
The investigation and prosecution of all cases involving violation of penal
laws are lodged with the Department of Justice through its National
Prosecution Service (NAPROSS). The NAPROSS is composed of the Prosecution
Staff in the Office of the Secretary of Justice headed by the Chief State
Prosecutor, the Regional State Prosecution Offices and the Provincial and City
Prosecution Offices headed by the Provincial Prosecutor and City Prosecutor.
the
Secretary
of
Justice
with
three
The prosecution starts the moment the law enforcer, the complainant or
public officer in charge of the enforcement of the law alleged to have been
violated files case against the suspected criminal. With such filing, preliminary
investigation will set in and the second stage in the life of a criminal action is in
progress.
Preliminary investigation is the stage at which the public prosecutor
evaluates the finding of public prosecutor evaluates the finding of the police or
the evidence submitted directly by a complainant or public officer in charge of
the enforcement of the law alleged to have been violated.
It bears emphasis that aside from a preliminary investigation, there is
another type of investigation which a prosecutor may conduct, and this is what
is called an inquest investigation, which 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 for the
purpose of determining whether or not said persons should remain under
custody and correspondingly be charged in court.
C. Judicial Process
If the preliminary investigation results in the finding of probable cause, the
public prosecutor will file the corresponding information in court, thus starting
the judicial process.
Stages of Criminal Action:
1.
Arraignment the information against the accused is read to him
in open court. The accused is asked how he pleads either guilty or not guilty
If he refuses to plead, a plea of not guilty will be entered against him
If accused pleads not guilty the case is set for pre-trial
2.
3.
Trial - after entering a plea, the accused shall have fifteen (15)
days to prepare for trial. The trial shall commence within thirty (30) days from
receipt of the pre-trial order
4.
Judgment the adjudication by the trial court that the accused is
guilty or not guilty.
-
It must be in writing and must set forth clearly and distinctly the facts
and the law on which they are based
5.
6.
Appeal
- any party may appeal from a judgment or final order, unless an
accused will be placed in double jeopardy.
D. Penal or Correctional Process
II.
Powers of Prosecutors:
The public prosecutor shall prosecute, direct and control all criminal
actions commenced either by a complaint or information.