JURISDICTION - Private Persons conspire or

Barangay Conciliation participated Remedies:

- 1 year Admin Rule 43 to CA;
- 5,000 pesos Subject Matter unappealable Rule 65 to CA: GADALEJ
- Same City/Municipality Court motu proprio (Fabian v Disierto)
Defendant any time Quash
MTC/MeTC/MCTC may be estopped: exceptional Criminal: Rule 65 to SC (Baviera v Zulueta)
- Below 6 years imprisonment
- Fine: 4000 (SC Circular) Concurrent Jurisdiction
- All criminal Negligence VENUE: - equal jurisdiction over a same subject matter
- Election Code: fail to register - venue is jurisdictional - first to take cognizance shall exercise,
o Summary Proceeding exclusion of others
6 months Sec 15 of Rule 110 of ROC
1,000 pesos - where committed/ essential ingredients RULE 110
10,000 pesos criminal o Art 2 of RPC Sec 1- Institution of Criminal offense
negligence o Vessel, Train (a) PI-able, Rule 112: 421 rule
Traffic laws rental laws o Human Security Act, Intl law (b) Metromanila, chartered City PI
Municipal Ord. o Continuing crimes MCTC, MuTC Court agad
Ampatuan case on different location Prescription tolled
RTC Trial was transferred to prevent miscarriage of - except Muni Od, Summary Prods.
- 6 years and above justice but not the jurisdiction (Zaldivia v Reyes)
- Special Court: Exclusive - Drugs
- Exclusive Original: Omnibus Election Rule of DEFAMATION Sec 2. Complaint or Information
Code not fail to register - Venue: OFFENDED PARTY - writing
- SB ang appellate: No bribery, no - PO/PP first published - name of PP
damage to govt - PP resided at the time
- Damage: Not exceeding 1M - Manila PO Manila Sec 3 Complaint
- Written Defamation - Outside Manila any city/prov Via
- Intellectual Prop - - offended party
- HDO issuance - Rule 111, Section 3: Proceed independently - peace officer
from the Criminal Case (Sec. 33 of NCC) - other pub o, enforce law
Sandiganbayan
- Plunder, AMLA, EO 12,143019, Sec 4. Information
forfeiture, Chapter 2, Section 2, Title 7 - writing
RPC: SG 27 - subscribed by proec filed in court
- A to G
o a provincials Sec. 5 who must prosec
o b City Public Crimes
o c diplomat/consul Private Crimes
o d AFP naval captains - ADA: Adu/Con. Def, Acts of, Abd, Sed.
o e PNP senior supt
o f Prosecs Sec 16. Intervention of Offended Party
o g Pres of GOCC and Univs OMBUDSMAN Coz of Rule 111: Civil Indemnities
- Congress: SG 27 - On PO: primary jurisdiction but not
- ConComs exclusive, DOJ has general jurisdiction With absence of Pub Prosec
- Judiciary w/o prejudice to Consti - Concurrent: Where it was first filed Can: Private via
Chief authorization Court Approval
Exceptions: CANNOT intervene when:
1. waived
2. separate civil
3. Prior Civil
(na masususpend unless Sec. 3 Rule 111)
Leave of Court By prosec, Notice to Offended - Ex/just Circum
Party - Not arise from Crime
Cant:
AFTER PLEA: - Not the author
FORMAL LEAVE OF COURT only not
prejudicial Remedies/action Motion to settle civil liability
NO SUBSTANTIAL except beneficial or file a separate civil action

Content of Info (NaDoCaPla DaNa) RULE 111 Death:

7 name of offender Sec. 1 Before Plea: Propert Civil Action
8 Designation of Offense Deemed kasama After: Both Extinguished
9 Cause of Accusation After Judgment: Final and Executory:
10 - Place Unless: Against the estate
11 - Date Waives
12 Name of Offended Prior Civil (pwede bp22) Cant extinguish criminal liability
Reserves - Novation
Insufficient info: UNRESERVABLES: - Compromise
- Quash - BP22 - Absolution of the accused in the
- RA3019 separate civil action
Multiple offenses: - Tax
- Must be distinct can be in 1 Prejudicial Question
Except: Single Punishment Filing fees: Sec. 6 suspension:
complex, compound, special complex NO ACTUAL DAMAGES Petition for suspension
continued crime 1. Except BP22 Rule 111, Sec 1(b) - Prosec
2. Estafa cases, Rule 141 - Court: before prosec rests
rules on property: -
Offended Party Name: Sec. 2 Suspension of Civil Action Sec. 7 elements:
not identifiable property fatal Reserved the right of civ (1) involves similar issue intimately related
Offended Party Name immaterial: - cant institute until crim action is done (2) issue determines WoN theres crimpro
SPECIFIC AND IDENTIFIABLE by final judgment
In short, isa lang dapat hindi identifiable Prior civ action
- suspended
atm tolled civil action, individual separate civil
action can proceed, not suspended Sec. 3
RULE 112
Motion to consolidate prior civ action Sec.1 PI defined when required
Sec. 3 Independent Civil Action - proceeding to determine ground to
- Sec 32 Consti Rights engender a well-founded belief that a
Rules on Amendment of Info - Sec 33 PD crime has been committed and the
- Sec 34 Police respondent is probably guilty
BEFORE PLEA: Substanial or Formal - 2176 Quasi Delict - 4d 2m 1d w/o regard the fine
ALLOWED WITHOUT NEED OF COURT
Except: Sec. 2 Who may PI
- downgrades crime Acquittal of CrimPro - City Prosec
- excludes accused Civil Can Go On - Provincial Prosec
(therefore need leave of court) - Reasonable Doubt or - National and regional
 - Others auth by law: Remedies of Adverse resolution of PI
o Ombudsman - MR to head of prosec office Sec 5 warrantless arrest
o COMELEC - DOJ (a) In flagrante delicto
o PCGG Arraigned no due course to petition of review (b) Hot pursuit
(c) Escapee
Affidavit rules Remedes of Resolution of DOJ
(Santos-Concio vs DOJ) - MR Cannot be questioned wless arrest after
- Affidavit is not complaint affid, only part - Rule 65 to CA not Rule 43 to CA arraignment
of the complaint ang affic o Alcaraz v Gonzalez
- not only offended party may file, also o Must had have MR Sec. 6 Time of Arrest
witnesses - OP admin complaint Any day and at any time of the day or night
o Remedy: 43 to CA/ 65
Not under oath not invalid but defect of form GADALEJ to CA Sec. 7 Method of arrest by officer by virtue of
not affecting substantial (Sasot v People) warrant
DOUBTFUL PROBABLE CAUSE
Respondent has right to examine affid and evid - in judicial determination Rule Infrom about the arrest
of complainant within 5 days additional evid Except:
- flees or forcible resists
Examination of Affid No need for arrest - inform will imperil the arrest
(Estrada v Ombudsman) - detained (commit order) Shown to him as soon as practicable
- no right sa co-respondent (si - warrantless
respondent) - fine Sec. 8 Method by the arresting officer
- no cross examine - no need for PI, summons instead Sec. 9 Method by private person (citizens arrest)
- Summary procedure, except failed to Sec. 10 Summon assistance
appear Sec. 11 Break in
cant motion to dismiss in lieu of counter affid for PI on warrantless (Sec. 6 inquest) Sec. 12 Break out
respondent in PI - signs waiver of Art 125 Sec. 13 Arrest after escape or rescue
- within 5 days motion to PI Sec. 14 Right of attorney or relative to visit
No PI not quash, remand to prosec
Motion to PI proper remedy
RULE 113
Sec. 1 Definition of Arrest
Sec. 3 Taking in to custody in order to answer the
STEP 1 file Afffid-Complaint commission of an office
STEP 2: IP 10 days to examine
STEP 3: Respondent, 10 days to counter-af Sec. 2 Arrest how made
From receipt of subpoena - Actual restraint
STEP 4: 10 days must resolve - By his submission into custody of the
- clarificatory hearing (done in 5 days) arresting person/officer

STEP 5: resolution and information Sec. 3

STEP 6; sign off within 5 days have it sign sa
PCSO (prov, city, chief state, omb & deputies)
STEP 7: 10 days may approve or reverse or
return
Nearest police station
Sec. 4
Within 10 days from issuance of warnt
Make a report if fail to execute