1 Proseution of Offenses

1.1 Criminal actions, how instituted

Offenses where preliminary investigation is required
by filing the complaint with the proper officer for the purpose
of conducting the requisite preliminary investigation.
For all other offenses
by filing the complaint/information:
with the MTC/MCTC; or
office of the prosecutor
Note: in Manila and other chartered cities, the complaint
shall be filed with the office of the prosecutor unless
otherwise provided in their charters.
The effect of institution of criminal action: interrupt the
running period of prescription, unless otherwise provided in
special law.
1.1.1 Who may file, crimes that cannot be prosecuted de officio
Adultery/Concubinage
When prosecuted:
at instance and complaint filed by offended spouse
guilty parties must be included if both alive.
Cannot be prosecuted:
the above is not met
offended party has consented to the offense or pardoned the
offenders
Seduction, abduction, acts of lasciviousness
When prosecuted:
at the instance and complaint filed by offended party,
parents, grandparents or guardian
Note: if the offended party becomes incapacitated before
filing of complaint, and no parents, grandparents, or
guardians, the State shall initiate the criminal action.
If offended is a minor:
has the right to initiate the prosecution of the offense
independently, unless incompetent or incapable
if the minor failed to file the complaint, the parents,
grandparents or guardian may file the same.

 Note: the right of parents, grandparents, guardian to

file complaint in behalf of minor is an exclusive list!
Cannot be prosecuted:
Express pardon.
Defamation which consists in the imputation of the offenses
mentioned above
When prosecuted:
at the instance and complaint of the offended party only.
1.2 Criminal actions, when enjoined
1.3 Control of prosecution