National Prosecution Service (NPS) is the prosecution arm of the government, the NPS which is under the supervision and control of the Department of Justice runs a nationwide organization consisting of state prosecutors, provincial prosecutors and city/municipal prosecutors tasked to undertake the investigation and prosecution of cases involving violation of penal and special laws.
The NPS is mandated to maintain and upholds he rule of law through effective expeditious delivery of prosecutorial services in order to enhance peace and order. The members of the NPS are primarily tasked to investigate and prosecute all criminal offenses defined and penalized under the Revised Penal Code and other special penal laws.
FUNCTIONS OF PROSECUTORS
a. Investigates, resolves or recommends disciplinary actions on all administrative cases filed against State Prosecutors, Provincial/City Prosecutors, including the support staff of the NPS;
b. Renders opinions or queries from Prosecutors regarding violations of the Revised Penal Code and other penal laws and the proper legal interpretation thereof;
c. Acts as Vice-Chairman of the Board of Canvassers of the Commission on Elections;
d. Acts as Laws Officer of the province/city, in the absence of a legal officer, and as Legal Adviser of all political instrumentalities and their officials (RA 7160,”The Local Government Code of 1991”)
e. Acts as Registrar or Deeds in the absence of the Registrar of Deeds and his deputy, and;
f. Represents the Office of the Solicitor General, and acts as deputized Special Prosecutor of the Ombudsman and of the Commission on Elections when so deputized.
PRELIMINARY INVESTIGATION
Preliminary Investigation is an inquiry or proceeding for the purpose of determining whether there is sufficient ground to engender a well founded belief that a crime cognizable by the Regional Trial Court has been committed and that the respondent is probably guilty thereof, and be held for trial. (Sec. 1, Rule 112)
Officers empowered to conduct preliminary investigation:
a. Judges of the Municipal Trial Courts;
b. Judges of the Municipal Circuit Trial Courts;
c. National and Regional State Prosecutors;
d. Provincial or City Prosecutors; and
e. Such other officials that maybe authorized by law like the Tanodbayan, COMELEC lawyers and the Municipal Mayor in the absence of the Municipal Judge.
Purposes/Objectives of Preliminary Investigation
a. To protect the innocent against hasty, oppressive and malicious prosecution.
b. To secure the innocent from an open and public accusation of trial, from the trouble expense and anxiety of public trial; and
c. To protect the State from useless and expensive trials (Trocio versus Manata, 118 SCRA 241).
UNIFORM SYSTEM OF PRELIMINARY INVESTIGATION
The procedure embodied in Republic Act No. 5189 which provide a uniform system of preliminary investigation giving the complainant and the respondent in a preliminary investigation the right to confront and cross-examine each other and their witnesses his “time consuming and not conducive to the expeditious administration of justice.”
As a consequence, Presidential Decree No. 77 as amended by P.D. No. 911 was issued by former President Ferdinand E, Marcos which amended Sec. 1 of Republic Act No. 5180 which provides for the procedure for the conduct of preliminary investigation in the following manner:
a. All complainants shall be supported by the verified affidavits of the complaints and its witnesses accompanied by the other supporting documents. The statements of complaint and witnesses shall be sworn to before any fiscal or state prosecutor or any government officer authorized to administer oath who would certify that he has personally examined the affiants and he is satisfied that they voluntarily executed and understood their affidavits.
b. If the investigating prosecutor finds no probable cause to conduct preliminary investigation, he shall dismiss the case based on the complaint’s affidavit and documents submitted. If there is a probable cause, the respondent shall be required to submit the counter affidavit and affidavits of his witnesses, if any, and other supporting document within ten days (10) from receipt of subpoena. An ex-parte investigation cannot be subpoenaed or fails to appear during the scheduled hearing despite due notice.
c. The affidavits of the respondent and his witnesses shall also verified under oath and furnish the complainant copies of his counter affidavit and other supporting documents.
d. The investigating fiscal shall immediately file the corresponding information in Court if the evidence establishes a prima facie case; if not, he shall dismiss the case. The investigating fiscal has the discretion to ask clarificatory questions to the parties and/or their witnesses.
e. The investigating fiscal shall resolved the case within ten (10) days from termination and giving the parties copies of his resolution starting briefly the findings of facts and the law supporting his action.
“The fiscal or the state prosecutor shall certify under oath in the information to be filed by his that he has examined the complainant and his witnesses, that on the basis of the sworn statements and other evidence submitted before him, there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof, that the accused was informed of the complaints and of the evidence submitted against him and that he was given an opportunity to submit controverting evidence; Provided, that no assistant fiscal or state prosecutor may file an information or dismiss a case except with the prior authority or approval of the Provincial or city fiscal or Chief State Prosecutor: Further, that where an assistant fiscal or state prosecutor who has investigated the case, recommends the dismissal of the case but his findings are reversed by the Provincial or City Fiscal or by the Chief State Prosecutor, as the case maybe, on the ground that prima facie case exists. The Provincial or City Fiscal of the Chief State Prosecutor may, by him, and on the basis of the same sworn statements and evidence submitted, file the information against the respondent, or direct any other assistant fiscal or state prosecutor to do so, without conducting another preliminary investigation; Provided, finally, that where the resolution of the Provincial or City Fiscal of the Chief State Prosecutor is, upon review, reversed by the Secretary of Justice, the latter may, where he finds no prima facie case exists, authorized the direct the investigating fiscal concerned or any other fiscal or state prosecutor to cause or move for the dismissal of the case, or, where he finds a prima facie case, to cause the filing of an information in court against the respondent, based on the same sworn statements or evidence submitted without the necessity of conducting another preliminary investigation. (As amended by PD No. 911)
DUTY OF INVESTIGATING FISCAL
If the investigating fiscal finds cause to hold the respondent for trial, he shall prepare the resolution and corresponding information. He shall certify under oath that he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesses, that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof, that the accused was informed of the complaint and of the evidence submitted against him and that he was given an opportunity to submit controverting evidence. Otherwise, he shall recommend dismissal of the complaint.
In either case, he shall forward the records of the case including the resolution to the provincial or city fiscal or chief state prosecutor within five (5) days from his resolution. The latter shall take appropriate action thereon within ten (10) days from receipt thereof, immediately informing the parties of said action.
No complaint or information may be filed or dismissed by an investigating fiscal without the prior written authority or approval of the provincial or city fiscal or chief state prosecutor.
Where the investigating assistant fiscal recommends the dismissal of the case but his findings are reversed by the provincial or city fiscal or chief state prosecutor on the ground that a probable cause exists, the latter may, by himself, file the corresponding information against the respondent or direct any other assistance fiscal or state prosecutor to do so, without conducting another preliminary investigation.
If upon petition by a proper party, the Secretary of Justice reverse the resolution of the provincial or city fiscal or chief state prosecutor, he shall direct the fiscal concerned to file the corresponding information without conducting another preliminary investigation or to dismiss or move for dismissal of the complaint or information. (Sec. 4, Rule 112)
DEFINITION OF PROBABLE CAUSE (DEPARTMENT CIRCULAR NO. 42)
“(1) As basis in charging / prosecuting person with and for an offense.
Probable cause is the existence of such facts and circumstances, as would exile the belief, in a reasonable mind, acting on the facts within the knowledge of the prosecutor that the person charged was guilty of the crime for which he was guilty of the crime for which he was prosecuted. (Euchanan vs. Vda. De Esteban, 32 Phil. 363; Que vs. Intermediate Apellate Court, 109 SCRA 137 (1989)
“(2) As ground for an arrest or issuance of a warrant of arrest.
Probable cause is such facts and circumstances, which would lead a reasonably discreet and prudent man to believe that the person sought to be arrested has committed an offense. (See Bernas, the Constitution of the Republic of the Philippines, a commentary Vol. 1, first Ed. 1987, pp.86-87)
Probable cause is the knowledge of facts, actual or apparent, strong enough to justify a reasonable man in the belief that he has lawful grounds for arresting the accused. (34 Words and Phrases 15, citing Mudge vs. State, 45 N.Y.S. 2nd 296; 901)
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