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Questions and Answers
What is the term for a request made by the prosecutor to the judge to terminate further criminal prosecution against a suspect?
What is the term for a request made by the prosecutor to the judge to terminate further criminal prosecution against a suspect?
- Prosecutorial Discretion
- Probable Cause
- Preliminary Investigation
- Nolle Prosequi (correct)
How many hours is the maximum period of detention for crimes punishable by light penalties?
How many hours is the maximum period of detention for crimes punishable by light penalties?
- 12 hours (correct)
- 24 hours
- 6 hours
- 18 hours
Who has the authority to approve or disapprove the filing or dismissal of a complaint or information?
Who has the authority to approve or disapprove the filing or dismissal of a complaint or information?
- The investigating prosecutor
- The provincial or city prosecutor
- The chief state prosecutor
- All of the above (correct)
What is the term for the exercise of judgment by the prosecutor in determining the course of action in a case?
What is the term for the exercise of judgment by the prosecutor in determining the course of action in a case?
What is the main difference between a complaint and an information?
What is the main difference between a complaint and an information?
What happens if the prosecutor finds out that an arrest is not valid?
What happens if the prosecutor finds out that an arrest is not valid?
What is the minimum authority required to approve the filing or dismissal of a complaint or information?
What is the minimum authority required to approve the filing or dismissal of a complaint or information?
What is the purpose of a preliminary investigation?
What is the purpose of a preliminary investigation?
Who can sign a complaint?
Who can sign a complaint?
Where can a complaint be filed?
Where can a complaint be filed?
What is the primary jurisdiction of the Office of the Ombudsman?
What is the primary jurisdiction of the Office of the Ombudsman?
Who has the exclusive power to conduct preliminary investigation of all election offenses?
Who has the exclusive power to conduct preliminary investigation of all election offenses?
What is the purpose of filing a complaint in certain cases?
What is the purpose of filing a complaint in certain cases?
Who can designate Special Counsels/Special Prosecutors?
Who can designate Special Counsels/Special Prosecutors?
What is the jurisdiction of the General Courts Martial?
What is the jurisdiction of the General Courts Martial?
Who signs an information?
Who signs an information?
What is the primary function of a prosecutor in a criminal justice system?
What is the primary function of a prosecutor in a criminal justice system?
What is the principle behind the prosecutor's responsibility?
What is the principle behind the prosecutor's responsibility?
What is the role of the prosecutor in relation to the police agency?
What is the role of the prosecutor in relation to the police agency?
What is the outcome of deviance in a society?
What is the outcome of deviance in a society?
What is the significance of deviance in defining moral boundaries?
What is the significance of deviance in defining moral boundaries?
What is the role of the prosecutor in relation to the court?
What is the role of the prosecutor in relation to the court?
What is the process of bringing accusations before a court of justice?
What is the process of bringing accusations before a court of justice?
What is the responsibility of the prosecutor in relation to the administration of criminal justice?
What is the responsibility of the prosecutor in relation to the administration of criminal justice?
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.
