Distinction between complaint

and information: complaint must be

sworn, information requires no oath

Can objection relating to form be

made for the first time on appeal?
No.

Why? Prosecutor filing the information

is acting under oath of his office

What should he have done? Before

arraignment, bill of particulars or
quashal of the information

A complaint is subscribed by?

Offended party, peace officer, public
officer charged with enforcment of law
violated
Information is subscribed by?
Prosecutor
What confers jurisdiction on court
over person of the accused? Valid
information signed by a competent
officer
Can an infirmity in the information
be cured by silence, acquiescence,
or express consent? No.
A complaint is deemed sufficient if
it contains: name of accused (if more
than one, all names), designation of
the offense given by statute, acts or
omissions complained of, name of
offended party, approximate date,
place where committed
Test for sufficiency of complaint?
Crime is describved in intelligible
terms with tsuch particularity as to
apprise the accused with reasonable
certainty of the offense charged
Why? Enable accused to suitably
prepare for his defense
When to question insufficiency of
complaint or info? Before
arraignment or during trial. (if not, he
has waived his right)

Date of the commission of

offense: not necessaryu to state the
precise date of the offense except
when date is material element
What date should be alleged? Date
as near as possible to actual date of
its commission
Is characther of crime determined
by caption or preamble or specific
provision of law? No.
How is it determined? Recital of the
ultimate facts and circumstances in
the information
What is controlling? The allegation
of facts in information that
compromises a crime and adequately
describes the nature and cause of the
accusation against accused
How to state the name of the
accused? Name, surnane, or
nickname; if name cannot be
ascertained, ficticious name and
statement that true name is unknown;
if later true name is disclosed, true
name shall be insterted in complaint
Is mistake in name the same as
mistake in identity? No.
How to state name of juridical
person? It is sufficient to state its
name or any designation by which it is
known without need of averring it is a
juridical person

Rule if name of offended party is

unknown in offenses against
property? Property must be
described with such particularity as to
properly identify the offense charged
Is name of offended party
absolutely indispensable? No. As
long as criminal act charged can be
properly identified
How to designate offense?
Allegations in the information that
determine the nature of the offense
What is the real question? Did he
perform the acts alleged in the body of
the information in the manner set
therein
Does the specific acts of the
accused be described in detail?
No. As long as it is described with
sufficient particularity to make sure
the accused fully understands what he
is being charged wiht. That a person of
ordinary intelligence immediately
know what it is
Rules in designating the offense:
the name given to offense by statute,
section, or subsection; acts or
ommissions constituting offense,
qualifying and aggravating
circumstances
Does failure to designate offense
by statute vitiate information? No,
if the facts alleged clearly recite the
facts constituting the offense
Does the qualifying and
aggravating circumstances be
stated in every information? Yes.
The accused will not be convicted of

the offense proved during trial if it was

not properly alleged in the information
What if aggravating
circumstances are proved during
course of the trial? Still, courts will
not award exemplary damages
Do the words qualifying or
qualified by need to be stated? No.
It is not the use of the words but the
sepcific allegation of attendant
circumstance that is essential
Does the specific relationship of
parties be alleged in the
information? Yes. Including the
consaguinty or affinity within the 3rd
civil degree
Can an accused be convicted of
any offense if it was not charged
in the information? No.

What is the rule? A variance

between the allegation in the info and
the proof adduced during trial shall be
fatal to the criminal case if it is
material and prejudicial to the accused
Is it important to employ words
used in statute alleged to have
been violated? No. As long as
ordinary and concise language
sufficient to enable a person of
common understanding
What should the accused
understand? Offense being charged,
acts or omissions constituting offense,
qualifying and aggravating
circumstances
Who bears the burden of proving
all the elements of the crime and

qualifying circumstances?
Prosecution.
How to state the date? Not
necessary to state the precise date
except if it is material

Rule if covered by Art 2?

Cognizable to court where criminal
action is first filed

How many offenses may be

charged in a complaint? General
rule1, unless the law prescribes a
single punishment to various offenses

How to state the place of the

commission of offense? If it can be
understood from the allegations of the
complaint or information the the
offense was committed or some of its
elements within the jurisdiction of the
court

What shall the accused do if he is

charged with more than 1
offense? Object before trial or else it
will constitute a waiver

Rules for amendment: If it is made

before accused enters his plea, it may
be amended in form or in substance
WITHOUT leave of court

Where shall criminal actions be

instituted? Where the offense was
committed; where any of its essential
ingredients occured

When is leave of court required

even if before plea? Downgrades
nature of offense; excludes any
accused from complaint or info

In written defamation? RTC of place

where article is printed or first
published; if Private individual, RTC
where he actually resided at time of
commission; if Public individual, RTC of
place where he held office at time of
commission

Aside from leave of court, what

else is needed? Motion by prosecutor
with notice to offended party; state its
reasons and furnish all parties

What should information allege?

The libelous material was either
printed or first published in the place
of filing
Rule if offense committed on
train, aircraft, vehicle? Instituted
and tried where such vehicle passed
during trip, including departure &
arrival
Rule if committed on a vessel?
Court of first port of entry; territory
where vessel passed during voyage

Rules for amendment AFTER plea

of accused: formal amendment may
only be made under 2 conditions
leave of court must be secured;
amendment does not prejudice
accused
Is amendment in substance
allowed? Not at this stage
Test as to whether amendment is
formal or substantial: prejudiced by
amendment is whether a defense
under the information as it originally
stood would be available after; any
evidence defendant might have would
be equally applicable to the info in the
one form as in the other

If it does not affect the essence of

the offense or deprive accused of
opportunity It is amendment by
form

What is it for? Recovery of civil

liability arising from the offense
charged

Is substitution of private
complainant substantial? No.
Formal amendments: new
allegations which change penalty;
does not charge another offense;
additional allegations whcih do not
alter prosectuions theory; does not
adversly affect accused rights; adds
specifications to eliminate vagueness
When may substitution occur?
Anytime before judgment if there is a
mistake in charging the proper offense
How is it made? The court shall
dismiss original complaing and a new
one will be charged (provided there is
no double jeopardy)
Substitution v Amendment: Aformal or substantial changed, S
substantial; A- before plea, no leave of
court needed, S leave of court is
needed; A - if it is only as to form, no
prelimenary investigation or retaking
of plea needed, S- needed; A- refers to
the same offense charged, Spresupposes new information involves
different offense

Every person criminally liable is

also civilly liable except.. No actual
damages result from offense
(espionage, violation of neutratlity,
flight to enemy country, crime against
popular representation)
Reasons on why instituted
together? A separate one would be
more costly, burdensome, time
consuming, and will further delayu the
final disposition of cases
Exceptions to civil action deemed
instituted: waives civil action;
reserves right to institute it
separately; files civil action prior to
criminal
Do the same rules apply before
the filing of the criminal action?
No.

Rule of Substitution or
Amendment: If second info involves
same offense, an amendment is
sufficient. If new info is distinct and
different, Substitution is needed

Purpose of criminal and civil

actions? Criminal action to deter
him and others from committing the
same or similar offense, isolate him
from society, reform and rehabilitate
him, maintain social order; Civil
resolution reparation, indemnification
of private offended party fo rdamage
or injury sustained by reason of
felonius act

When is civil action be deemed

instituted? When the criminal action
is instituted

Why does judgment in criminal

action includes the civil liability?
Since it is deemed instituted together

Real parties in interest in Civil

action? Offended party and accused

cases filed and expedidtes disposition

of cases

What civil actions are deemed

instituted with criminal? Only those
arising from the crime charged

After civil criminal action is

commenced separate civil action
cannaot be instituted until final
judgement

Legal basis for independent civil

liabilities? Article 32, 33, 34 and
Article 2177 (Quasi-delict)

If civil action is reserved to be

filed it cannot be filed until final
judgement
If civil action filed first it will be
suspeneded until final judgement

Consequences of independent
civil action? Shall proceed
independently, quantum of evidence is
preponderance, right to bring action is
based on Civil code, waiver does not
extinguish right, even if filed
separately, criminal prosecution
remains and he may still intervene
When is reservation of civil action
made? Before prosecution present
evidence
Is there reservation of civil action
for BP22? No.
What happens here? The offended
party shall pay in full the filing fees
based on the amount of the check
invlolved. This amount will be
considered as the actual damages
claimed
In BP 22, what waiver is allowed?
Waiver of civil action and institution of
civil action prior to criminal complaint
Why the rule? Ordinarily, no filing fee
is charged for criminal cases for actual
damages so payee uses intimidating
effect of criminal charge. The inclusion
of civil action lowes the nuymber of

Remedy to avoid delay

consolidation of cases

What happens to evidence already

adduced? Shall be deemed
automatically reproduced in criminal
action without prejudice to right of
cross examination
Prescription of civil action?
Suspended during pendency of
criminal action
When is there no need to reserve
the right to file the civil action
separately? If it is a violation of
Article 32, 33, 34, and 2176
Are these actions suspended by
commencement of criminal
actions? No.
May a court enterain counter,
cross, or third party claims in a
criminal action? No. The law is clear
Rule 111 Rules of Court
Rules on filing fees: no filing fees
required for actual damages(except
BP22 and estafa); filing fees shall be

paid by offended party upon filing of

criminal action in court

PRIOR to jugement criminal liability

and DIRECT civil liability extinguished

How is civil liability enforeced?

Moral, nominal, temperate, exemplary
damages

Death during pendency of appeal with

SC extingueshes criminal liability and
DIRECT civil liability Why? No final
judgment of conviction was rendered
upon death

Effect of deat of accused: if dies

after arraignment and during
pendency of criminal case civil
liability is extinguished but
independent civil actions may be
continued against estae or legal
representative; if before arraignment
case shall be dismissed byt offended
party may file civil action against
estate

Effect of novation? Does not

extinguish criminal liability
Why? It is apublic offense which must
be prosecuted and punished by the
government on its own motion .000