International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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From Insights to Policy: A Qualitative Study of Prosecutorial Discretion and Pretrial Adult Diversion

Author(s) Mr. Aris Saldua Manguera, Dr. Donald Barroga Narra
Country Philippines
Abstract The Philippine criminal justice system faces chronic case congestion and overcrowded detention, underscoring the need for proportionate, upstream responses. This study examines how prosecutors and other justice stakeholders perceive and interpret prosecutorial discretion at the pre-indictment stage and assesses the feasibility of an adult diversion framework as an alternative to incarceration. A four-phased design was employed: (1) legal, cultural, and comparative analysis, (2) interviews and FGD with prosecutors, (3) interviews and FGDs with stakeholders, and (4) expert validation and policy analysis of the proposed policy framework. The study utilized Hermeneutic Phenomenology as the overarching framework and Moustakas' structured analytic steps were applied to analyze data from the interviews and FGDs. The study found that the prosecutor’s authority to divert adult offenders is based on law and international practices. Prosecutors understand discretion as both legal authority and moral duty which is most evident during preliminary investigations. Stakeholders favor diversion with clear eligibility criteria, layered oversight, and transparent reporting. To operationalize these findings, the study proposes a Department Circular that codifies authority, sets guidelines, and establishes a pilot program. The study concludes that prosecutor-led pretrial diversion for adults is legally permissible and operationally feasible and, when implemented with safeguards, can reduce detention, provide a viable alternative to incarceration, uphold human rights, promote public safety, and strengthen public trust.
Keywords Prosecutorial discretion, Pretrial diversion, Discretionary justice, Alternative to incarceration
Field Sociology
Published In Volume 7, Issue 5, September-October 2025
Published On 2025-10-26
DOI https://doi.org/10.36948/ijfmr.2025.v07i05.58942
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E-ISSN 2582-2160
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