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Criminal Procedure

Rule 110 Against all persons who In case of heavy work or lack of Who may also file complaints in for
appear to be responsible for public prosecutors? S-A-A-L?
Sec. 1. Institution of Criminal the offense involved. The Private Prosecutor may be Parents, grandparents, and
Actions. authorized. guardian.
Sec. 3. Complaint defined.
Preliminary Investigation Required How? What if the offended party dies or
pursuant to Rule 112? A sworn written statement In writing by the Chief of the becomes incapacitated and no
Filed it to the proper officer for charging a person with an Prosecution Office or Regional known parents?
conducting the required PI. offense. State Prosecution. The state shall initiate the
PI offenses where the Subject to the approval of the criminal action.
penalty is at least 4-2-1. Subscribed by? Court. The offended party, even if a
The offended party minor, has the right to initiate
All other offenses? (complainant, state, relatives). If granted? the prosecution of the offenses
Directly to the Municipal Trial Any peace officer. The private prosecutor shall of seduction, abduction and
Court, Municipal Circuit Trial Or other public officer charged prosecute the case up the end acts of lasciviousness
Court, or the office of the with the enforcement of the of the trail even in the independently of her parents,
Prosecutor. law. absence of the public grandparents, or guardian,
If in Manila and other prosecutor. unless she is incompetent or
chartered cities, the complaint Sec. 4. Information defined. Unless otherwise withdrawn or incapable of doing so. Where
shall be filed with the office of revoked. (A.M. No. 02-2-07 the offended party, who is a
the prosecutor, unless An accusation in writing effective May 01, 2002) minor, fails to file the
otherwise provided in their charging a person with an complaint, her parents,
charters. offense. Crimes of Adultery and grandparents, or guardian
Concubinage? may file the same.
The institution of criminal action Subscribed by? There must be a complaint,
shall interrupt the period of The right to file the action granted to parents,
Prosecutor and filed it with the otherwise it cannot be grandparents or guardian shall be exclusive
prescription of the offense charged Court. prosecuted. of all other persons and shall be exercised
unless otherwise provided in special If the offended party successively in the order herein provided,
laws. Sec. 5 Who must prosecute consented or pardoned, no except as stated in the preceding paragraph.
No criminal action for defamation which
Sec. 2. The complaint or criminal actions. prosecution. consists in the imputation of the offenses
mentioned above shall be brought except at
information.
the instance of and upon complaint filed by
Who? Same with Seduction, Abduction, and the offended party.
How? All criminal actions - Under the Acts of Lasciviousness. The prosecution for violation of special laws
Shall be in writing. direction and control of the There must be a complaint, shall be governed by the provisions thereof.
Name in the People of the prosecutor. otherwise it cannot be
Philippines. prosecuted.
If the offended party
consented or pardoned, no
prosecution.
Sec. 6. Sufficiency of complaint Sec. 8. Designation of the
or information. offense.

Sufficient? The complaint or information


If it states the name of the must state the designation of
accused; the offense given by the
The designation of the offense statute.
assigned by the State; Aver the acts and omissions
The acts or omissions complained as constituting the
complained of as constituting offense and specify its
the offense; aggravating circumstances.
Name of the offended party;
Approximate date of the What if no designation of the
offense; offense?
Place where the offense was Reference shall be made to
committed. the section or subsection of
the statute punishing it.
Committed by more than one
person? Sec. 9. Cause of the accusation.
All of them must be included
in the complaint or How should it be stated?
information. The acts and omissions
complained as constituting the
Sec. 7. Name of the accused. offense and specify its
aggravating circumstances
The complaint or information must be stated in ordinary and
must state the name and concise language to enable a
surname of the accused. person of common knowledge
Or any appellation or to understand the same.
nickname which he has been
or is known. Sec. 10.

If cannot be ascertained?
Must be described under a
fictitious name with a
statement that his true name
is unknown.

What if thereafter the true name is


disclosed?
Such true name will be
inserted in the complaint or
information and record.