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What is the term for a request made by the prosecutor to the judge to terminate further criminal prosecution against a suspect?
How many hours is the maximum period of detention for crimes punishable by light penalties?
Who has the authority to approve or disapprove the filing or dismissal of a complaint or information?
What is the term for the exercise of judgment by the prosecutor in determining the course of action in a case?
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What is the main difference between a complaint and an information?
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What happens if the prosecutor finds out that an arrest is not valid?
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What is the minimum authority required to approve the filing or dismissal of a complaint or information?
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What is the purpose of a preliminary investigation?
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Who can sign a complaint?
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Where can a complaint be filed?
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What is the primary jurisdiction of the Office of the Ombudsman?
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Who has the exclusive power to conduct preliminary investigation of all election offenses?
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What is the purpose of filing a complaint in certain cases?
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Who can designate Special Counsels/Special Prosecutors?
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What is the jurisdiction of the General Courts Martial?
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Who signs an information?
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What is the primary function of a prosecutor in a criminal justice system?
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What is the principle behind the prosecutor's responsibility?
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What is the role of the prosecutor in relation to the police agency?
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What is the outcome of deviance in a society?
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What is the significance of deviance in defining moral boundaries?
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What is the role of the prosecutor in relation to the court?
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What is the process of bringing accusations before a court of justice?
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What is the responsibility of the prosecutor in relation to the administration of criminal justice?
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Study Notes
Filing a Complaint or Information
- A complaint can be signed by the offended party, a peace officer, or other public officer charged with enforcing the law violated.
- An information is signed by a public prosecutor.
- A complaint can be filed with the prosecutor's office or the court, whereas an information is only filed with the court.
- In certain cases, filing a complaint is necessary to conduct a preliminary investigation before filing an information.
Investigatory Bodies and Individuals
- Office of the Ombudsman:
- Has primary jurisdiction to conduct preliminary investigations and prosecution of cases cognizable by the Sandiganbayan.
- Files information and directs and controls prosecution of violations of RA 3019 (Anti-Graft and Corrupt Practices Act) and RA 1379, and crimes committed by public officers and employees.
- Judge Advocate General Services AFP:
- Has jurisdiction to try military members and all persons subject to military law for crimes or offenses committed by them.
- Commission on Election (COMELEC):
- Has the exclusive power to conduct preliminary investigations of all election offenses and to prosecute the same.
- Special Counsels/Special Prosecutors:
- May be designated by the Secretary of Justice to investigate and prosecute specific offenses.
The Prosecution Pillar
- Within the Philippines' legal setting, prosecution occupies a unique position in the Criminal Justice System (CJS).
- A prosecutor has 12 hours to file a case for crimes punishable by light penalties, 18 hours for correctional penalties, and 36 hours for afflictive or capital punishment.
Prosecutorial Discretion
- A prosecutor exercises discretion and determines the course of action and proper recommendation relative to cases assigned to him.
- Options include:
- Filing a case in court against the accused for trial on the merits.
- Dropping or dismissing the case after conducting a preliminary investigation for lack of merit or insufficiency of evidence.
- Entering into an agreement with the defense counsel for the consideration and approval of the court.
- Recommending reduced charges and bail in favor of the accused.
Filing of an Information
- An information is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court.
- A complaint is a sworn statement by the offended party, whereas an information need not be sworn to.
Key Concepts
- Probable cause: a reasonable ground to believe that a crime has been committed and that the accused is probably guilty of the crime.
- Deviance: behavior that violates social norms and expectations, which can lead to social change.
- Moral boundaries: deviance pushes society's moral boundaries, leading to social change.
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Description
This quiz covers the differences between a complaint and an information in criminal procedures, including who can sign them and where they are filed.
