“LOOKING INSIDE THE PROSECUTOR’S OFFICE”

(A 120 HOURS EXPERIENCE)

BY: ANDREA B. DELOVIAR

I. INTRODUCTION

“All prosecutors are lawyers but not all lawyers are prosecutors!” says Atty. Brian
Pendergraft.

A prosecutor is a lawyer that works in a Prosecutor’s Office, which is essentially a

government law firm whose only client is the State, and the State pays the Prosecutor’s Office to
uphold its laws. The prosecutors choose whether or not to prosecute individuals for crimes based
on what the police officers or the public bring them.

Under the Rules of Court, Rule 110, Section 5, all criminal actions commenced by a
complaint or information shall be prosecuted under the direction and control of the prosecutor. In
case of heavy work schedule of the public prosecutor or in 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 Prosecution to prosecute the case subject to the approval of the Court. Once so
authorized to prosecute criminal action, the private prosecutor shall continue to prosecute the
case up to the end of the trial even in the absence of a public prosecutor, unless the authority is
revoked or otherwise withdrawn. Thus, generally in criminal cases, only public prosecutors are
authorized by law to prosecute any accused in any offenses charged against them. The reason is
that, in every offenses or crime committed by the accused in a criminal action is always against
the State or the People of the Philippines because it involves action that is considered to be
harmful to society as a whole.

A person accused of a crime is generally charged in a formal accusation called complaint

(a sworn written statement subscribed by the offended party, any peace officer, or other public
officer charged with the enforcement of the law violated), or information (an accusation in
writing subscribed by the prosecutor). The government, on behalf of the people of the
Philippines, prosecutes the case through the public prosecutor’s office. Thus, it is not the
responsibility of the victim to bring a criminal case, except in crimes of adultery and
concubinage, seduction, abduction and acts of lasciviousness, and defamation, in which it cannot
be prosecuted unless a complaint is filed by the offended party.

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 That is why the public prosecutor in our society is actively involved in the investigation
of crimes and can commence an investigation upon receiving a report from a law-enforcement
officer or private parties.

Coordination between the prosecutors and the police ensures that the evidence collected
stands up to judicial scrutiny even at the early stages of a case. Courts rely heavily on the
evidence submitted by the prosecution, which comprises the work of both the police and
prosecutor.

II. LEARNINGS INSIDE THE PROSECUTOR’S OFFICE

During our first day in the Iloilo Provincial Prosecutor’s Office (IPPO), you will really
feel and see the tension inside the office. You will see the unbearable workload of each
prosecutor through the documents that piled up in their Records Room. Even early in the
morning, lot of people already went to IPPO. You will see how stressed each prosecutor is
because aside their paperwork they will also entertain both the complainants and the respondents.

Despite the overwhelming workload, you will still see how confident and professional
each prosecutor in accommodating their clients. I witness how they tried to cope up resolving all
the assigned cases to them.

I was assigned to Prosecutor Susanita G. Orleans, however, she was so busy and had a lot
of out-of-town appointment because she was also assigned to several town outside of Iloilo City.
That is why she entrusted me to her assistant for my task assignment.

I was tasked to resolve some selected cases such as the crime of Murder, Robbery, Estafa,
Adultery, violation of R.A. 9262, Defamation, Physical Injury, Slander and Grave Threat. I was
given a file for each cases which contain the judicial affidavit of the of the complainant and
witnesses, police blotter, medical and/or death certificate, copy of subpoena to the respondents,
and other photos and documents used as evidence. I was tasked to make a Resolution and
Information of the case.

Before a complaint or information filed in court, a preliminary investigation is required to

be conducted, except in cases not requiring a preliminary investigation nor covered by the Rule
on Summary Procedure. Rule 112 of the Rules of Court defines preliminary investigation, as an
inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded
belief that a crime is has been committed and the respondent is probably guilty thereof, and
should be held in trial.

Under the Rules of Court, Provincial Prosecutors are one of the officers authorized to
conduct preliminary investigations.

They investigate crimes and have close contact with the police. They also have contact
with the person suspected of the crime, the victim and witnesses.

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 Where a prosecutor finds probable cause that a crime has been committed, the respondent
must be informed of the case. This is done by way of a subpoena or formal notice giving
the respondent an opportunity to reply to the allegation within ten working days from the time of
receipt of the notice, unless an extension is sought. However, mostly in my assigned cases, the
respondent cannot be located because they abscond.

Thus, there failure to submit a reply means that the respondent has waived his right and
the prosecutor may resolve the complaint based on the documents and evidence they have on
hand. In resolving a complaint, prosecutor writes a resolution which contains findings on
whether or not a criminal offense has been committed and on which, if any, charges should be
filed in court.

The prosecutor may decide whether or not to call both parties to appear for preliminary
investigation, or summary hearing. The purpose of a summary hearing is to stipulate the facts
and confirm the accuracy of the information before going to trial: for instance, the name and
identity of the accused, in order to prevent wrongful prosecution. It does not consider the merit
of the complaint or the substance of the allegations.

In writing the resolution, the prosecutor decides either to dismiss or endorse the filing of
formal charges for trial. If dismissing the complaint, the resolution should contain an argument
finding “no probable cause”. If the filing of formal charges is recommended, the resolution must
convince a supervising prosecutor that there is a “probable cause” and that there are grounds for
a well-founded belief that the crime has been committed. Only then are charges filed in court.

However, prosecutors have a heavy burden to oversee police investigations in cases

involving inquest proceedings. Inquests proceedings follow in cases where persons are arrested
without the benefit of an arrest order or warrant, or are caught in the act of committing a criminal
offence. The purpose of the inquest proceedings in these cases is that while the state
acknowledges the law enforcers’ authority to arrest and detain persons without a warrant, the
state must also ensure that these persons are not unlawfully detained, and that they are not denied
due process. The inquest establishes whether the evidence is sufficient enough to seek court
approval to keep the person in detention.

The inquest requires the prosecutors to resolve the complaint the police filed in a
prescribed period, which varies depending on the gravity of the offense. Cases punishable with
light penalties must be resolved in 12 hours; those punishable with correctional penalties within
18 hours; and those punishable by afflictive or capital penalties, within 36 hours. If the inquest
prosecutor fails to complete the proceedings in the prescribed period then the person must be
released.

Once the resolution is deemed final, charges are then filed in court. As there are no
policies or guidelines to limit the period within which a review of a resolution on appeal should
be completed, this inevitably leads to delays in the filing of charges in court.

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 Aside of writing resolutions and information, prosecutors are also tasked to prove the
case filed in court that the suspect has truly committed the crime. Prosecutors can question the
accused, witnesses and experts in order to establish that the suspect is guilty beyond reasonable
doubt.

Under the Rules of Court, it is the prosecution shall present the evidence first to prove the
charge and, in the proper case, the civil liability. The prosecution must prove beyond reasonable
doubt that the accused is guilty of the crime charges against him.

Once the prosecution has presented its evidences and witnesses, the prosecution will rests
its case. The accused may present also evidence to prove his defense and damages, if any, or file
a demurer to evidence.

The prosecution and the defense may present rebuttal and sur-rebuttal evidence unless the
court, in furtherance of justice, permits them to present additional evidence bearing upon the
main issue.

Upon admission of evidence of the parties, the case shall be deemed submitted for
decision unless the court directs them to argue orally or to submit written memoranda.

III. CONCLUSION

The power given to prosecutors in charging a person is very crucial, because an

accused can be convicted, and this will affect the status of his life, liberty and property. Thus, it
is important that every prosecutor shall maintain their integrity and uphold the law, fairness, and
justice. They are also expected to be highly competent and live out their utmost excellence in
every action or task given to them.

Thus, prosecutors perform a critical role in the promotion of social order by the
administration of the law in a manner which answers the fundamental requirements of justice.

A prosecutor is like a spear intended to attack and put the accused in prison. That is why
imagined if the prosecutor will gravely abuse their authority; an innocent person can be charged
criminally and be put to jail. The act of the prosecutor can either destroy or build up one’s life.
Like other profession, the work of the prosecutors can also be stressful. They have to deal with
the worst that humanity can offer up - murderers, rapists, child molesters, elder abusers.

However, for other prosecutors, the success of their work does not end up by sending
some monster to prison or obtaining the death penalty or bringing down a powerful and corrupt
person. It is most satisfying for a prosecutor to see results of mercy and reformation to every
person who was been charged and convicted for a crime or offenses they committed. Seeing a
child in conflict of law, ends up being a productive member of society. When the addict finally
gets the treatment he or she rejected before, and now became a better and productive person.
And seeing those people who screwed up and violated the law before, but when given a second

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chance instead of sending to prison or was been pardoned after convicted, has now became a
productive person in our society.

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