CRIMINAL prosecution has always been a difficult job for prosecutors. They have the burden to ensure that those who have done wrong are brought to trial. Of course, they have to ensure that only the guilty are prosecuted and sentenced.
One way to guarantee a conviction is to make sure that the evidence presented during the trial is admissible and credible. However, the basic and initial process in the prosecution is to file a criminal case in court.
I am writing this article to give light to anyone who wants to file cases, especially criminal charges. I am not a public prosecutor by profession but I also represent the prosecution as a private prosecutor with the direct supervision of the former.
It came to my knowledge that there are some who question lawyers why the latter advise them to amicably settle differences without court proceedings. Simple reason: the complaint has no merit or substance or the evidence is not so strong, or does not by itself prove an offense.
All prosecutors need to determine “probable cause”. In the case of Pilapil vs Sandiganbayan (221 SCRA 349), the court held that “probable cause is a reasonable ground of presumption that a matter is, or may be, well-founded, such a state of facts in the mind of the prosecutor as would lead a person of ordinary caution and prudence to believe, or entertain an honest or strong suspicion, that a thing is so.”
To secure a conviction, prosecutors are required to show “proof beyond reasonable doubt” which refers to “that degree of proof which, after an examination of the entire records of the case, produces in an unprejudiced mind moral certainty of the culpability of the accused.”
When a prosecutor finds probable cause, the respondent must be informed. This is done by means of a subpoena. There are instances that this is done by way of a formal notice giving the respondent an opportunity to reply to the allegations against him.
The prosecutor issues a resolution which contains findings on whether or not a criminal offense has been committed. Here, the prosecutor decides to file charges for trial or dismiss the case.
If the prosecutor resolves to file charges, there must be a well-founded belief that the crime has been committed. On the other hand, if it is for dismissal, the resolution should contain an argument that there is no probable cause.
You see, the prosecution plays a major role in the justice system. I admire how they perform their part to have access to remedies and address legal problems. All members of the legal profession are working hard to solve problems.
We all do not want to “infect” the legal system. Talk to your lawyer. Ask questions. At the end of the day, the goal is to secure a just conviction./PN
