Duty of Public Prosecutors

Duty of Public Prosecutors | LEGAL ETHICS: CANON II. Propriety

Disclaimer: The following discussion is a general overview of the professional and ethical obligations of public prosecutors in the Philippines. It is for informational purposes only and does not constitute legal advice.

I. OVERVIEW: THE ROLE AND IMPORTANCE OF PUBLIC PROSECUTORS

Public prosecutors (also referred to as fiscals in some contexts) play a critical role in the Philippine criminal justice system. They act as the gatekeepers of criminal prosecution, empowered to determine whether there is sufficient basis (probable cause) to charge individuals with criminal offenses and to represent the State in criminal proceedings. Their overarching duty is to ensure that justice is served—protecting both the interests of society and the rights of the accused.

While lawyers in private practice primarily represent individual interests, public prosecutors are duty-bound to promote the public interest and uphold the rule of law. Their duty of propriety—embodied in ethical canons and rules—entails adherence to the highest standards of conduct, fairness, and impartiality.

II. LEGAL FRAMEWORK GOVERNING PUBLIC PROSECUTORS

  1. The 1987 Philippine Constitution

    • Article III (Bill of Rights) protects the right to due process and other fundamental rights of the accused. Prosecutors must ensure that the constitutional rights of accused persons are not violated in the course of criminal proceedings.
    • Article II, Section 27 enshrines the policy of the State to maintain honesty and integrity in public service and to take positive and effective measures against graft and corruption. Public prosecutors, as public servants, must abide by this constitutional dictate.

  2. Revised Rules of Criminal Procedure

    • Governs procedures for preliminary investigation (Rule 112), requiring prosecutors to determine the existence of probable cause before filing an Information in court.
    • Spells out the prosecutor’s authority and responsibilities in conducting preliminary investigations, inquest proceedings, and prosecutorial actions in criminal trials.

  3. Code of Professional Responsibility and Accountability (CPRA) and Other Ethical Canons

    • The Supreme Court has promulgated rules and canons that guide the professional conduct of lawyers (including public prosecutors).
    • While the previous Code of Professional Responsibility (CPR) used Canons and Rules, the newly promulgated Code of Professional Responsibility and Accountability also emphasizes duties relating to integrity, competence, fidelity to the law, and the administration of justice.

  4. Jurisprudence

    • Various Supreme Court decisions (e.g., Zaldivar v. Sandiganbayan, Paderanga v. Drilon, People v. Sandiganbayan) underscore that prosecutors must file only meritorious cases, safeguard the accused’s rights, and strive for fairness.

  5. Statutes on the Public Prosecutor’s Office

    • The Prosecution Service Act and other relevant legislation address the structure, powers, and functions of the National Prosecution Service under the Department of Justice.

III. DUTY OF PUBLIC PROSECUTORS UNDER “CANON II. PROPRIETY”

In many ethical outlines for the legal profession, “Propriety” (or sometimes “Integrity and Propriety”) is emphasized as a cardinal obligation. Although different versions of the ethical canons or codes may label or structure these canons differently, the substance remains that lawyers—and especially prosecutors—must maintain a standard of behavior that promotes confidence in the legal system.

Below is a detailed breakdown of the duties of public prosecutors specifically in line with propriety, integrity, and ethics:

  1. Uphold the Dignity of the Office

    • Impartiality: A prosecutor must treat every potential accused, complainant, or witness with fairness and respect, without bias stemming from personal views, social standing, political influence, or other extralegal considerations.
    • No Appearance of Impropriety: Prosecutors should avoid situations (even outside the courtroom) that might cast doubt on their objectivity or tarnish the integrity of the prosecution service.

  2. Act with Independence and Neutrality

    • Free from Political Influence: Prosecutors must resist political pressure and not allow partisan considerations to affect the decision on whether to prosecute.
    • Objective Assessment of Evidence: The decision to file an Information in court must rest solely on whether there is sufficient evidence establishing probable cause. Personal relationships, external influence, or fear of backlash must never sway the prosecutor’s judgment.

  3. Ensure Meritorious Prosecutions Only

    • Probable Cause: Under the Revised Rules of Criminal Procedure (Rule 112), prosecutors are duty-bound to determine if probable cause exists before proceeding with the filing of charges. Filing cases without sufficient evidence violates the rights of the accused and wastes the resources of the justice system.
    • Desistance When No Basis Exists: If, during preliminary investigation or trial, the evidence is found to be insufficient, the prosecutor has the ethical obligation to recommend dismissal or withdraw the case rather than pursue a meritless prosecution.

  4. Protect the Rights of the Accused and Witnesses

    • Due Process: Prosecutors must ensure that the accused is informed of the nature and cause of the accusation, is given the opportunity to present evidence, and is represented by counsel if desired.
    • Equal Treatment of Parties: Both private complainants and the accused should be treated courteously and given a fair opportunity to present their sides. Intimidation, harassment, or misuse of the prosecutorial power is forbidden.
    • Witness Protection: When applicable, prosecutors coordinate with the Witness Protection Program to safeguard the well-being and security of witnesses.

  5. Maintain Confidentiality and Proper Decorum

    • Preservation of Case Integrity: Prosecutors have access to sensitive information and must avoid any unauthorized disclosure of case details.
    • Courtroom Decorum: The prosecutor must observe courtesy and respect toward the court, opposing counsel, and all parties. They must not employ insults, offensive tactics, or dilatory moves.

  6. Avoid Conflict of Interest

    • Prohibition on Private Practice: Public prosecutors in the Philippines generally are not allowed to engage in private law practice except in instances allowed by law and only with the written permission of the Department of Justice, if at all.
    • Self-Dealing or Influence: A prosecutor may not handle a case in which they, their family, or close associates have a direct or indirect interest. Should a conflict of interest arise, they must inhibit themselves from the proceedings to maintain impartiality.

  7. Act with Honesty, Integrity, and Accountability

    • No Corruption, No Bribery: Any form of bribery or acceptance of gifts in exchange for prosecutorial discretion undermines the justice system. Prosecutors must reject all offers of undue advantage and report attempts at bribery or interference.
    • Accountability to the Public: As government officials, prosecutors must diligently account for their performance and remain open to investigation if accused of wrongdoing.

  8. Promote a Speedy Administration of Justice

    • Efficient Case Management: Delays in prosecution or deliberate stalling tactics are unethical and violate the right to a speedy trial under the Constitution. Prosecutors must manage their dockets efficiently to avoid delays.
    • Prevent Misuse of the Prosecutorial Machinery: Prosecutors must guard against frivolous or vexatious litigation initiated to harass or punish individuals unjustly.

  9. Respect for the Court and the Rule of Law

    • Candor Toward the Courts: Prosecutors must disclose all relevant facts and laws, even if adverse to the prosecution’s case, and should never mislead or misrepresent.
    • Compliance with Court Orders: Promptly comply with lawful orders and directives of the court, upholding respect for judicial authority.

  10. Professional Competence and Continuing Legal Education

    • Updated on Legal Developments: Prosecutors must continuously update themselves with the latest jurisprudence, laws, and issuances relevant to criminal law and procedure.
    • Strive for Excellence: Mastery of evidence, skillful trial advocacy, and diligent preparation uphold the legal profession’s standards and protect the public interest.

IV. SELECTED JURISPRUDENTIAL HIGHLIGHTS

  1. Zaldivar v. Sandiganbayan (G.R. No. 79690, October 7, 1988)

    • Established that prosecutors must not act with malice, partiality, or arbitrary conduct in determining whether to file charges.
    • Emphasized the principle that a public prosecutor’s objective is not to secure a conviction at all costs, but to help ensure that justice is done.

  2. Paderanga v. Drilon (G.R. No. 96080, April 19, 1991)

    • Clarified the scope of the prosecutorial discretion in determining the existence of probable cause during a preliminary investigation.
    • Recognized that the courts generally will not interfere with the prosecutor’s discretion unless there is a clear showing of grave abuse of discretion.

  3. People v. Sandiganbayan (various cases)

    • Reinforced that public prosecutors attached to the Ombudsman or the Special Prosecutor’s Office must strictly uphold the highest standards of integrity and impartiality in prosecuting graft and corruption cases.
    • Highlighted that prosecutorial misconduct or bias can lead to the dismissal of an Information or reversal of a conviction.

V. PRACTICAL POINTERS FOR PUBLIC PROSECUTORS

  1. Conduct Thorough Preliminary Investigations: Meticulous examination of evidence and witness affidavits before filing a case helps avoid wrongful prosecutions.
  2. Draft Informations Carefully: An Information must properly allege the essential elements of the offense, ensuring it survives any motion to quash.
  3. Coordinate with Law Enforcement: Work closely but independently with law enforcement agencies; ensure that the evidence gathered is obtained legally and ethically.
  4. Maintain Professionalism: Uphold a dignified demeanor during hearings; avoid personal quarrels with defense counsel or the judge.
  5. Document Reasoning: Maintain comprehensive records of prosecutorial decisions—this fosters transparency and accountability.
  6. Continuously Update Legal Knowledge: Attend regular training, seminars, and engage in continuous legal education to remain effective and just.

VI. CONCLUSION

The duty of public prosecutors under Canon II (Propriety)—or under any framework that emphasizes integrity and propriety—demands strict fidelity to ethical standards, conscientious respect for constitutional rights, and unwavering commitment to justice. As guardians of the public interest, prosecutors must exercise the vast power entrusted to them with objectivity, neutrality, and honesty. By ensuring that only meritorious cases are filed and prosecuted, safeguarding the rights of accused persons, and vigorously upholding the rule of law, public prosecutors strengthen public confidence in the criminal justice system and uphold the noble ideals of the legal profession in the Philippines.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

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