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Rule 110

Outline - Pamaran (Continued)

Section 3. Complaint Defined

Persons Authorized to file criminal complaint - Offended part; Peace officer;

Public officer charged with the enforcement of the law violated.
- Fiscal has no authority to file complaint
- Nor a person who is not an injured party.

Offended party defined - as the person against whom or against whose property
the crime was committed.
- Necessary to maintain a private penal action of injured party himself: (1) the
declaration of criminal liability carries with it the declaration of the resulting civil
obligation; (2) there are crimes which cannot be prosecuted other than at the formal
instance of the injured person.
- Offended party in civil liability includes the relatives of the victim, in case of the
latter's death.
- While the right to file complaint is personal to the offended party, it is extinguished
upon his death and in transmissible to the heirs. (The heirs could only file action for
civil liability)

Peace Officers Authorized to File Complaint - members of the constabulary

(police force); agents of NBI, Criminal Investigation Group; Presidential Anti Crime

Public Officer Charged with the Enforcement of the Law Violated - internal
revenue agents (violation of National Internal Revenue Code); Custom Agent
(violation of Tariff and Custom Code; Authorized agents of National Pollution Council
(violation of Anti-Pollution Law).

Complaint maybe filed with the court or office of fiscal - unlike information, a
complaint need not necessarily be filed with the court and may therefore be laid
before the City Fiscal for investigation.
- A "salaysay" / accounts of rape incident executed by the offended party before
Provincial Fiscal, is not the complaint contemplated by this rule. Salaysay filed in
fiscal and not with the court did not start the criminal proceeding.

Lack of Oath is not a fatal defect - complaint filed by the private person, when not
sworn by him is not
necessarily void, judgment should not be set aside for such

Filing of complaint does not require mediation of prosecutor - the court has no
authority to dismiss the complaint because it is not presented through mediation of
prosecuting attorney.
- the court could either cite the prosecuting attorney to intervene or transmit to him
the case for PI.

Complaint, when required - sworn written complaint is required for offenses which
cannot be prosecuted de officio (private crimes), or those which need to be endorsed
by specific public officers.
- Private crimes (those that cannot be prosecuted de oficio) - adultery, concubinage,
acts of
lasciviousness, seduction, abduction, defamation consisting of imputation of
the preceding crimes.

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- To be endorsed by public officers, public prosecutor may file information only after
the determination of
the administrative body. To file an information prior to such
determination is premature and
concomitantly, the court is without jurisdiction to
take cognizance of the offense.
The administrative body is vested with the authority to determine when to institute a
criminal action for
violation of the law entrusted to it for enforcement.
e.g. the exclusive authority of the Commission on Immigration to investigate and
impose administrative fines under Alien Registration Act.
e.g. Anti Dummy Law - not within the authority of the fiscal to prosecute violations
independently of the
Anti-Dummy Board.
e.g. National Water and Air Pollution Commission.
Section 4. Information Defined
Complaint and Information, distinguished
- Complaint is signed by the offended party, peace officers, and public officers
Information is always signed by the Fiscal or prosecuting officer.
- Complaint is sworn by the person signing it
Information need not to be sworn / under oath, as the prosecutor is acting
under the special
responsibility of his oath of office.
- Complaint is filed either in court of fiscal's office
Information is always filed in the court.
Persons authorized to file information
- Lawyer appointed by Secretary of Justice to assist the fiscal is authorized to sign
information, make investigations and conduct prosecutions.
- Prosecution of cases cognizable by Sandiganbayan shall be under exclusive
control and supervision of the Office of the Ombudsman.
Section 5. Who must prosecute criminal actions
Prosecution of criminal cases, direction and control
- All criminal actions commenced either by complaint or information shall be
prosecuted under the direction and control of the fiscal.
- The fiscal takes charge of the prosecution of the suit in the name of the People
until the termination thereof.
- Fiscal is a quasi-judicial officer; may move for the dismissal of the case already
filed in court; power to decide unto which of the conflicting testimonies to believe;
determination of the witnesses to be presented.
- Fiscal is under no compulsion to file information, where he is not convinced with
the evidence presented and gathered.
- Even the court cannot interfere with the control of the fiscal over the action.
- The court cannot compel the fiscal to prosecute a proceeding, originally initiated
by him, if he finds the evidence relied upon him is insufficient for conviction.
(Motion to dismiss should be properly addressed to the sound discretion of the
trial court)
- Nor the court has the power to direct the fiscal to file information within
particular period.
Motion to dismiss the case in court
- Where the information was already filed to the court, fiscal has no more control
over it, the motion to dismiss should be properly addressed to the sound
discretion of the trial court.
- Court may refuse the motion of the fiscal for the dismissal of the case (upon
order to him by the Secretary of Justice), and should continue to appear in the
prosecution of the case.

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- Even if the fiscal is not convinced that a prima facie case exists, he cannot
refuse to prosecute the same, in the event that his motion to dismiss was denied.
The least he can do is to continue to appear for prosecution and turn over the
prosecution of evidence to another fiscal or private prosecutor subject to his
control and supervision. In the absence of other prosecutor, he should proceed to
the discharge of his duties, and let the court decide the merits of the case based
on the evidences adduced by both parties.
- Prosecuting officer cannot be compelled by a MANDAMUS to file criminal
information / be controlled by WRIT OF PROHIBITION to restrain a criminal
- But once filed in the court, the same cannot be dismissed or withdrawn without
the court's approval.
Motion for reinvestigation
- Where the information was already filed in the court and the fiscal find it proper
to conduct reinvestigation, the permission of the court must be secured. The
court may grant the motion or deny the same. Once the information was already
filed in the court, and has acquired jurisdiction over the case, it shall be under the
determination of the court.
- It is not proper for the Secretary of Justice to review the case already dismissed
by the court.
- Sec 4 Rule 112 of ROC, the Secretary of Justice has the authority to reserve the
resolution of the prosecutor upon the petition of the proper party. The Sec of
Justice has the power of supervision and control over prosecuting officers, and
decides which of the conflicting theories of complainant and respondents should
be believed.
When the prosecution may be controlled by a person other than the
public prosecutor.
- Private Prosecutor - should be authorized in writing by the Regional State
Prosecution or the Chief Prosecution Office and subject to the approval of the
Heavy work schedule of the public prosecutors
Lack of public prosecutors
- No need for the public prosecutor to give his written conformity in any pleading
filed by the private prosecutor (except for plea bargaining, amendment of
information and dismissal of the case)
Exclusive Right of the Sol Gen to handle criminal cases in CA and SC,
- It is only the Solicitor General that is authorized to bring and defend actions in
behalf of the People once the case is brought to CA and SC.
- Decisions of Sandiganbayan brought before the SC, the people shall be
represented by the Office of the Ombudsman, through its Special Prosecutor.
Intervention of the aggrieved party
- The offended party has the right to intervene in criminal prosecution, and losses
such right in the vent that he waives his right to file a civil action, or he reserves
his right to institute one.
- The complainant has no authority to move for the revival or dismissal of the
case they have asked to be filed.
- Offended party may not appeal from the order of dismissal by the court upon
motion of the fiscal, for to permit him to do so in such a case would be
tantamount to giving said party as much right to the direction and control of a
criminal proceeding as that of the fiscal.
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- Only the Sol Gen may represent the people on appeal.

- The offended party may however move to appeal the civil liability despite the
acquittal of the accused.
- The offended party or private complainant may file a motion for reconsideration
but only insofar as the civil aspect thereof is concerned.

Right of the offended party to file special civil action independently of

the state.
- The complainant has an interest in the civil aspect of the case so he may file a
civil action questioning the decision of the respondent court. This civil action
should be prosecuted under the name of the complainant.

Prosecutor may turn over the conduct of trial to private counsel.

- The private prosecutor cannot appeal from an order dismissing the case upon
the motion of the fiscal. Nor continue to take part of the proceeding upon the
death of the offended party.
- Where the accused was acquitted on the ground that his liability is merely civil
in nature, the offended party cannot appeal from the decision of acquittal, his
remedy is to file a separate civil action.

Prosecution of private crime

- Private crimes cannot be prosecuted de oficio, and requires that the criminal
action be brought at the instance of and upon the complaint expressly filed by the
offended party.
- High court dismissed the case for failure of the offended party to file a proper
complaint for defamation.
- Narration of how a private crime was committed although sworn and subscribed
by the offended party is not sufficient basis for filing the information.
- SC appreciated the affidavit-compliant submitted by the complainant in which
he only not narrated the facts and circumstances constituting the crime but also
explicitly and categorically charged the respondents with the said offense, is
sufficient compliance with legal requirements.
- filing of complaint with proper court of sworn complaint charging a private crime
sufficient to initiate criminal prosecution.
- In case of adultery, the death of the offended spouse after the formal filing of
the complaint in fiscal's office does not abate the proceedings.
Private crime complexed with public crime.
- Fiscal may initiate the proceeding de oficio, since one of the component of the
offense is a public crime, it should prevail. Public interest is always paramount to
private interest.
- e.g. robbery with rape, rape with murder, kidnapping with rape (rape is already
considered as public crime), the prosecution thereof need not to be commenced
by the offended party.
Prosecution of Adultery and Concubinage
- Shall not be prosecuted except upon complaint filed by the offended spouse.
- The prosecution should include both of the offended party, if both are alive; both
no provision requiring them to be tried jointly.
- No logical difference can be perceived between prior and subsequent consent,
for in both instances as the offended party has chosen to compromise with his /
her dishonour, he / she becomes unworthy to come to court and invoke its aid in
the vindication of the wrong.
- Bigamy is not a private crime, but an offense against the civil status - may be
prosecuted by the state.
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Prosecution of seduction, abduction and acts of lasciviousness

- A violation on the expressed requirement of the law on who must prosecute
these offences would render the decision null and void.
- In case the complaint is amended, it should be sworn and subscribed by the
offended party.
- Offended party, even if she is a minor, has the right to institute the prosecution
for these offenses, independently of her parents, grandparents or guardians,
unless she is incompetent and incapable of doing so, due to minority.
- Only when the minor fails to file, that the rest of those who are authorized may
file a complaint.
- The right to institute a criminal proceeding for these cases is exclusively and
successively reposed in these persons in order which they are named.
- If the offended party is f legal age, and is not incapacitated, only she could file
the complaint.
- Parens Patriae - if the offended party dies, or becomes incapacitated before filing
the complaint, and no know parents, grandparents, or guardian, the State shall
initiate the action.\

Prosecution of Defamation Case

- No criminal action of defamation which consist of the imputation of the above
offenses except at the instant complaint filed by the offended party.
- Hence if the imputation against the offended party is the crime of prostitution,
which is a public crime, complaint of defamation may be prosecuted de oficio.
- Where the imputed crime is both a public and private crime, the former should
prevail. Hence, may be prosecuted with the complaint from the offended party.
Section 6. Sufficiency of Complaint and Information
Purpose of sufficient information
- to inform the accused of the nature and cause of the accusation against him,
and so the accused could duly prepare his defense.
- The acts and omissions complained of as constituting the offense must be stated
in an ordinary and concise language, not necessarily in the terms of the statute
defining the offense, but in such a form sufficient to enable the person of common
understanding to know what offense is intended to be charged and enable the
court to pronounce judgment.
Test of sufficiency of complaint or information:
1. Names of the accused
2. Designation of the offense charged as given by the statute.
3. Acts and omissions constituting an offense, written in an ordinary and concise
manner, in such a ways that it will be understood by a person of common
4. That the offense committed is under the jurisdiction of the court.
5. Name of the offended party.
Number of acts charged, not counts, controlling
- The accused of an offense is not considered as having been charged by the
number of counts into which the acts charged may have been grouped in the
information but by specific criminal acts.
Defects in the complaint or information
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- Substantial defect in the information cannot be cured by evidence for that would
jeopardized the right of the accused to be informed of the nature of the offense
charged against him.
- even if the crime not alleged in the information was established by evidence
without objection from the accused cannot cure the defect of the information.
- the accused cannot be convicted of a crime under mode of commission different
from that alleged in the information.
Ambiguity of information
- to be resolved in favor of the accused.
Section 7. Name of the Accused
Reason for this rule
- to make specific identification of the person to whom the commission of an
offense is being imputed.

An error in name is not reversible, along as the identity is sufficiently

- Defect on the name is curable at any stage of the proceeding, an insertion of the
name of the accused is only a matter of form.
-Accused should raise the mistake of his name on the day of arraignment, and
stopped to raise the same issue thereafter.
Complaint or information against minor
- should not be referred as accused, but Child in Conflict with the Law.
Section 8. Designation of the Offense
Reason for the rule
- Ambiguous phrases should not be permitted in criminal complaints or
Designation of offense, not mandatory
- the accusation is sufficient so long that the facts alleged and set-out in such
manner as to enable a person of common understanding to know what is
intended, and the court to pronounce judgment according to right.
- and it contains all the essential elements constituting the particular offense.
- a mistake in the caption of an indictment in designating the correct name of the
offense is not a fatal defect for it is the sufficiency of the averments of the
charging part that is the gist of the accusation.
- The facts alleged therein and not its title that determine the nature of the crime.
Section 9. Cause of the Accusation.
Every Element of the Offense Charged must be Alleged.
- The facts alleged must constitute an offense within the terms and meaning of
the law upon which the accusation is based.
- Failure to inform the accused of the technical name of the crime crime he stands
charged of is not violative of his Constitutional rights.
Allegation of Elements of Offense to be in the Body of the Information
- The real nature of the criminal charge is determined not from the caption of the
provision of law alleged to have been committed, but by the actual recital of facts
as alleged in the body of the information.
Allegations in Complex Crime

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- it is sufficient that the information contains allegations which state that the
offense was a necessary means to commit the other (complex), otherwise the
complaint or information charges 2 crimes / offenses independent of each other.
Defect in Complaint or Information
- Where the information does not state all essential facts and ingredients, the
accusation cannot stand.
- Prosecution for libel, the offensive expression must be in verbatim.
Defendant cannot be convicted of an offense graver than that alleged.
- Accused cannot be convicted of a crime higher than alleged, no matter how
convincing the evidence of guilty maybe.
Allegation of Aggravating and Qualifying Circumstance
- They must be alleged and proved during trial.
- While circumstances which are not specifically alleged in the information may
not aggravate the crime, insofar as the civil aspect of the crime is concerned they
may be considered to determine exemplary damages.
- Though the complaint alleged these circumstances, they will not be appreciated
if not alleged in the information in which the accused was arraigned.
Section 10. Place of Commission of the Offense
Reason for the rule:
- fixing the jurisdiction and venue
Allegation of specific place not required.
- it is not required that the complaint or information state with particularity the
place where the crime is committed.
Exceptions when specific place need to be averred
- if the place of the commission of the offense constitute an essential element of
the offense - robbery, destructive arson, trespass to dwelling, violation of zoning
- The exact place must be alleged to individuate the offense.
Section 11. Date of the Commission of the Offense
Averment of time of commission
- It suffices that the allegation approximates or be as near the actual date when
the offense was committed, though by no means should it be read as authorizing
the total omission of a date or such an indefinite allegations.
Illustrative Cases
- Where the variance date is so great, as to defy the approximation in the
commission of one and same offense, it did not afford the accused the
information required by law and therefore prejudice his defense.
Exception to the rule.
- When time is material ingredient of the offense charged, it becomes mandatory
to allege the same with particularity.
- e.g. information for the crime of infanticide
Section 12. Name of the Offended Party
Name of the Offended Party, when Indispensable
- In crimes against property, it is elementary that ownership must be alleged as a
matter essential to the description of the offense.
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- In case of offenses against property, if the name of the offended party is

unknown, the property, subject matter of the offense, must be described with
particularity as to properly identify the particular offense charged.
- The omission of the name of the party aggrieved appears to be permissible only
when his name is unknown and, even then, the rule requires that the article
stolen must be particularly described.
- Defamation cases, the identity of the person against whom the traducive words
were directed is also a material element.
- Misidentification in case of slander - case should be dismissed.
- Rape cases / VAWC cases - fictitious name of the offended party shall be used.
Section 13. Duplicity of the Offense
Duplicitous Information
- If it charges two or more different offenses.
- General rule is that a complaint or information must charge only 1 offense, the
state should not heap upon the defendant 2 or more charges which might confuse
him in his defense.
- Charging the accused with 2 offenses is allowed, provided that the existing laws
prescribe a single punishment for various offenses.
- two offenses would require filing of 2 information.
- e.g. - Charged the accused with the crime of libel, and publication of libellous
Test of Duplicity
- must not be made to depend upon the evidence presented at the trial but upon
the facts alleged in the information.
Prohibition against duplicity may be waived
- When the information charges more than one offense, the accused must make a
seasonable objection thereto.
- Failure to make objection to the multiplicity of the charges, the accused may be
found guilty for as many crimes as duly established and drawn by evidence on
- Failure to object to tantamount to waiver of his right against multiplicity of
offenses charged, and cannot be heard to complain on appeal against the defect.
Exception to the "duplicity rule"
- Cases which existing law provides single punishment for various offenses.
1. Complex crimes
-(1) single act constitutes 2 or more grave or less grave felonies; (2) offense is
necessarily means
for committing the other.
- (1) Compound crime - one shot from gun resulted in death of 2 or more
persons; planting a
bomb in a plane, destroying the plane and killing
the passengers.
- (2) Complex crime proper - falsification of record to commit malversation;
seduction by means
of usurpation of official function; kidnapping with murder.
- there can be no complex crime if one of the offenses is punished by special
law / is a light
2. Special Complex Crimes - robbery with homicide, robbery with rape, death
as consequence of arson.
3. Continuous Crime - single crime consisting of series of acts arising from a
single criminal resolution or intent not susceptible of division.
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- 2 or more violations of same penal provisions are united in one and same intent
leading to the perpetration of same criminal purpose or aim.
- e.g. - charge of smoking opium and possession of smoking paraphernalia - not
duplicitous, what alleged are descriptive of one and same offense, information is
4. Crimes susceptible of being committed in various modes
5. Crimes of which another offense is an ingredient
- e.g. valid information - alleging physical injuries in frustrated homicide; rebellion
- robbery, physical injury or arson. The offense charged merely describes and
narrate the different and specific acts the sum total of which constitute a crime.
Splitting a case is not allowed
- A defendant should not be harassed with various prosecutions basedupon the
same act by splitting the same law violated.

Section 14. Amendment or substitution

Amendments of Complaint or Information, when allowed.
1. Amendment of an information / complaint in substance or in form without leave
of court at any time before the accused pleads and thereafter only as those
matters of form.
- After plea and during trial, a formal amendment maybe made with leave of
court and when it is
done without causing prejudice to the rights of the
2. Amendment before the accused enter his plea, which downgrades the nature of
the offense charged / to exclude any accused from the compliant or information
but can be made only upon the motion of the prosecutor with notice to the
offended party and with leave of court.
3. if it appears at any time before judgment that a mistake has been committed in
charging a proper offense, the court may dismiss the original compliant or
information and order the filing of the new one charging the proper offense,
provided that the accused would not be placed in double jeopardy.
Nature of amended information
- Amended information is not new information because it does not charge another
offense different or distinct from that charged in the original one.
- It relates back to the date which the original information was filed - to determine
whether the offense has prescribed or not.
Formal and Substantial Amendments
Substantial Amendment - (1) determination of jurisdiction of the court; (2) recital
of facts
Formal Amendment - (1) new allegation than relates to one range of penalty; (2)
amendment does not charge another offense different and distinct from that
charged in the original one; (3) additional allegations that does not alter the
prosecutions' theory of case; (4) amendment that does not adversely affect any
substantial right of the accused, such as right to invoke prescription.

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Amendment after plea

- No substantial amendment after the plea: (1) Amendment as to form only; (2)
with leave of court
- No substantial change on dates, which would shift to defendant's position,
placing him on great inconvenience in preparing his defense. Clerical error maybe
- Amending information charging serious physical injuries instead of slight
physical injuries - valid change, it charged the same offense as that under the
original information.
- Amendment changing the allegation that the accused gave as security for
payment of loan the land, and not only the improvements as originally alleged
- Amending the name of the victim in the case of defamation, when it appeared
by evidence that another person was defamed.
Amendment charging conspiracy
- Amendment is only as to form, where the original information charged the
accused as principal, and the amended information as co-principal - his liability is
same in both.
- Change is only as to the form of commission of crime, and not as to the
substance of the crime itself.
Test of propriety of amendment after plea.
- (1) Whether or not the defense under the information as originally stood would
be available after the amendment is made.
- (2) Whether any evidence defendant might have would be equally applicable to
the new information.
- if the defense and evidence originally stood would still be available to the new
information, then the amendment is only as to form and not prejudicial to the

Formal Amendment
- could be done after plea.
- to amend due to clerical errors.
- adding phrase like "with intent to gain" - merely expressed with greater
clearness the idea readily deducible.
- specification of allegation of serious physical injuries by specifying the wound
and injuries.
- insertion of the real name of the accused.

Timely objection to amendment necessary

- Failure to object on the amended information would tantamount to waiver of
- cannot be raised for the first time on appeal.

Court may order amendment

- only valid complaints or information may be subject to amendment, void ones
(where the court acquired no jurisdiction, as appears in the allegations) cannot be
- judge cannot amend motu propio the information before the accused enters the
plea - the tasked is lodged to prosecuting officer.
Variance between the allegation and proof.
- Above rule applies only when the offense charged is wholly different from the
offense proved, not applicable for (1) where the offense proved is lesser than and
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necessarily included in the offense charged; (2) when offense proved is more
serious than, but included the offense charged.
- Charging the accused with crime of theft, and cannot be properly convicted of
estafa - the information should be dismissed and new one charging the proper
offense should be filed.
- Charged with robbery but the evidence shows that the crime committed is
bribery - new complaint charging bribery was ordered.
Section 15. Place where action is to be instituted.
Criminal jurisdiction and venue of action
- Venue is criminal cases is an element of jurisdiction, it cannot be waived,
changed by agreement of the party, of by consent of the defendant.
- Bigamy - where the 2nd marriage was contracted.
- Theft - where the object was stolen, not where the stolen object was found.
- Falsification - where the document was falsified, not where the falsified
document was used.
- Perjury - where it was intentionally given or submitted as false evidence by
means of the said affidavit, not the place where it was sworn / subscribed or the
making of the affidavit.
- illegal use of firearms - where the illegal possession was committed and not
where the firearm was confiscated.

Venue for continuing or transitory crimes

- the first court taking cognizance of the case will exclude the other.
- kidnapping / illegal detention - where the deprivation of liberty was continuing
from one place to another.
Libel - libellous matter is first printed and published or circulated from one
province to another
- evasion of service of sentence - in attempt to evade service of sentence moved
from one place to another.
- where the vessel is on anchorage - the venue is the place where the vessel was
lying at anchor when the crime was committed.
- possession of opium aboard a foreign vessel in transit is not triable by our court,
mere possession without being used in our territory does not bring about those
effects that our statute contemplates avoiding. Possession is not considered
disturbance to the public order. However, to smoke opium within the territory,
even though abroad the foreign vessel is a breach of public order - might cause
pernicious / harmful effects within our territory.
- internal discipline abroad foreign vessel is subject to laws and regulations of flag
state, unless assistance was requested by the captain or consul of the flag state.
Then, coastal state may intervene.
- the coastal state shall not intervene unless the consequences of the crime
somehow extend to coastal state / disturbs the public order
- foreign vessel - flag ship determines jurisdiction
- foreign aircrafts - the state of registration.
Art 2, RPC - shall be cognizable by the court where the criminal action is first filed,
vest jurisdiction over cases to a certain degree in manner similar to the
jurisdiction over ordinary crimes committed in the Philippines; if the public

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employee committed a crime of less serious physical injury - any MTC may take
cognizance of the court.
Change of venue - SC is vested by the Constitution upon it and other statutory
courts, possesses inherent power and jurisdiction to decree that the trial and
disposition of a case pending in court be transferred to another court within the
same judicial district, whenever the interest of justice and truth demands. (where
his life is at stake)

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