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Notes for CRIMINAL PROCEDURE

LEAN ACENA y VERGARA


Rule 110 PROSECUTION OF OFFENSE
INSTITUTION OF CRIMINAL ACTIONS (R110, S1)
A. By filing a Complaint with the proper officer.
1. Where preliminary investigation is required under R112 S1 4/2/1
2. In case of summary procedure- discretionary on prosecutor.
Proper officer- officers authorized to conduct p.i (S2R112)
B. Direct Filing
1. Where p.i not required
Institution of criminal action interrupts prescription (Arambulo v Lagui, 342scra740), except when spl law
provides otherwise.
REMEDIES OF PFFENDED PARTY IF PROSECUTOR REFUSES TO FILE INFORMATION
1. Mandamus
2. Complaint before court
3. Take up matter with soj under the revised Administrative Code
4. Administrative case against prosecutor
5. Criminal action against prosec
6. Civil action for damages against prosec
7. Secure appointment of another prsec
8. Institute another crim action sans double jeopardy
Rule: NO INJUNCTION ON CRIM PROSECUTION, EXCEPT:
1. To afford protection to consti rights of accused
2. When necessary for the orderly admin of justice or avoid multiplicity of suits
3. Prejudicial question which is sub judice
4. When acts of officer without or in excess of jusrisdiction
5. When prosecution is under an invalid law
6. When court is without jurisdiction
7. When prosecution is under an invalid law
8. When it is a case of persecution instead of prosecution
9. When the charges are manifestly false, and motivated by lust vengeance
10. When there is clearly no prima facie case against accused and a motion to quash has been denied
11. Prevent a threatened unlawful arrest of petitioners(Dominador v Sandiganbayan, 328scra292)
COMPLAINT OR INFORMATION;
1. Definition
2. No crim action against corporation (Time, Inc v Reyes, 39scra303)
3. Corporate crimes, corporate officer acting for the corp liable (people v Campos)
COMPLAINT vs INFORMATION
WHEN SWORN WRITTEN COMPLAINT NECESSARY
1. Private crimes, adultery, concubinage, seduction, abduction, acts of lasciviousness, and
2. Defamation consisting of imputation of private crimes
3. Those cases which need to be indorsed by specific public officers: denr, pdea, comelec, nirc violations,
customs law.
PERSONS AUTHORIZED TO FILE INFORMATION
1. OCP/OPP
2. PROSEC GENERAL
3. OMBUDSMAN and deputies
4. Prosecuting attys. Appointed by soj pursuant to Sec 1696 of the Revised Admin Code
PROSECUTOR TO PROSECUTE ALL CRIMINAL ACTIONS( s5R110)
1. Right of private persons ceases upon filing of information in court. Prosecutor takes charge of case filed in
the name of the people of the phils until termination of case (salcedo v Liwag 9scra609)
2. Private prosecutors must be authorized by, and under control of public prosecutor
3. In appeals before CA and SC, the Solicitor General is the sole authority to act in behald of govt.
4. In sandiganbayan cases, the ombudsman, through the special prosecutor represents the people, except
pcgg cases
PROSECUTION OF PRIVATE CRIMES
1. Cannot be prosecuted de oficio
2. Must be upon written complaint of private offended party
3. Compliance is jurisdictional
4. In complex crime where one component is a public offence, fiscal may initiate proceedings
PROSEC OF seduction, acts of lasciviousness, abduction
1. Offended party, even if minor unless incompetent
2. Parents
3. Grandparents
4. Guardian
5. State, if no known parents ,etc
6. Defamation in relation to private crimes, only by the person so defamed
7. No prosecution in case of condonation… presumption of condonation…..
PARDON in private crimes:
1. Offended minor can, if with sufficient discretion
2. Parents, if with the conformity of the minor
3. Pardon should be made before commencement/ filing of case in court
4. Deathor acquittal of one accused in adultery does not bar prosec of co accused (people v topino, 35phil901)
SPECIAL LAWS: governed by its provisions
SUFFICIENCY OF COMPLAINT OR INFORMATION , S6R110
A. NAME OF ACCUSED
B. DESIGNATION OF OFFENSE, s8r110
1. that given by statute, or the section or subsection of the statute violated
2. failure to make designation mere formal and not prejudicial
3. the facts alleged and not the designation controls (P v Magdowa 23phil512)
4. qualifying and aggravating circumstances must be alleged in the information
C. CAUSE OF THE ACCUSATION
1. Acts/omissions complained of
2. Qualifying/aggravating circumstances
3. Stated in ordinary, understandable language
4. No conviction for crime not informed nor higher than that alleged in info
5. Allegations in complex crime: one crime necessary for the commission of the other
D. PLACE OF COMMISSION OF OFFENSE
E. DATE OF COMMISSION
F. NAME OF OFFENDED PARTY s12r110
1. Offenses against property
a. If unknown, property must be described with particularity
b. Insert name if later known
c. If juridical person, state the name by which it can be identified
DUPLICITY OF THE OFFENSE: information must charge only one offense, except
1. Complex crimes
2. Spl complex crimes
3. When the other offense is only an ingredient or element of the offense charged
4. Continuous crime
5. Crimes susceptible of being committed in various modes s13r110
@Duplicity is ground for motion to quash, if not, deemed waiver.
G. AMENDMENT VS SUBSTITUTION
Amendment;
1. Before arraignment- matter of right
2. After plea- only formal amendments which do not prejudice accused, and with leave of court
Substitution;
1. At any time before judgement
2. When mistake has been made in charging the proper offense;
Procedure;
a. File a new one charging the proper offense
b. Court will dismiss the original info after the filing of new info..
Xxx 1. accused should not be place in double jeopardy
2 . accused cannot be convicted of the offense charged or any necessarily included therein
RULE 111 PROSECUTION OF CIVIL ACTIONS
GENERAL Rule: when a criminal action is instituted, the civil action for the recovery of civil liability arising from
the offense is deemed instituted with the criminal action.
Exception:
1. Offended party waives civil action
2. Civil action is reserved
3. Civil action is instituted prior to the criminal action
Civil liability satisfaction: restitution, reparation of damage caused, indemnification of consequential damages
RESERVATION:
1. When: BEFORE PROSECUTION STARTS TO PRESENT EVIDENCE
When no reservation allowed:
1. BP22 cases
2. Sandiganbayan cases (sec4 PD1606, amended by RA8249
3. Tax cases Section 7b1 RA9282, cta law
@@DOCTRINE OF PRIMACY OF CRIMINAL CASES OVER CIVIL ACTIONS
xx. after crim action has been commenced, the separate civil action arising from the crime cannot be instituted
until after termination of crim action
xx. if crim action is filed after said civil action has been instituted, the latter is suspended at whatever stage it
may be before judgement on the merits
except:
1. Independent civil actions under Articles 32, 33, 34 & 2176 of the Civil Code
2. Civil case is consolidated with criminal action… evidence adduced in civil case deemed automatically
reproduced in the criminal action. S2r111
3. When civil action does not arise from the offense charged in the criminal action
Xxxin auxiliary writs of prelim injunction or attachment, appointment of receivers, etc can still be issued by the
court. Because such writs/imcidents do not go into the merits of the case (Babala v Abano, 90phil827)..

H. ACQUITAL IN CRIM ACTION BAR TO CIVIL ACTION ARISING THEREFROM


1. Judgement declares accused did not commit the crime imputed
2. Accused not guilty of criminal or civil negligence

I. WHEN NOT A BAR:


1. 1, when acquittal is based on reasonable doubt
2. When liability determined is not criminal but only civil (Sapiera vCA 314scra370)
I. Rules on independent civil action:
1. Arts 32, 33, 34, 2176 of Civil Code
2. Civil liability arise from the same act/omission of the accused
3. Only preponderance of evidence is required
4. Offended party may not recover damages twice for the same act/omission
5. May be brought by offended party during pendency of criminal case
General rule: independent civil action deemed instituted with criminal action
Except: when civil action is filed prior to criminal action,
Except: when prosecution of independent civil action is parallel to the prosecution of criminal action, there is no
suspension of ICA as well as no consolidation.
J. EFFECT OF DEATH ON CIVIL ACTIONS
1. before arraignment- dismiss case… file civil case against estate arising from crim act/delict
2. after arraignment & during pendency of crim action: extinguish civil liability arising from delict
3. ICA continues against estate after proper substitution
@@@final judgement rendered in a civil action absolving defendant from civil liability is not a bar to a criminal
action against defendant for the same act or omission @@@@
K. SUSPENSION BY REASON OF PREJUDICIAL QUESTION, R111S6
1. Prejudicial question- that which arises in a case, the resolution of which is the logical antecedent of the issue
involved therein and the cognizance of which pertains to another tribunal. It must be determinative of the case
before the court but the jurisdiction to try and resolve must be lodged in another court or tribunal
Elements:
1. Previously instituted civil action involves an issue similar or intimately related to the issue raised in the crim
action
2. The resolution of such issue determines whether the criminal action may proceed. R111S7
xxx. File Petition for suspension due to PQ
.a. during P.i
.b. during trial

RULE 112 PRELIMINARY INVESTIGATION


1. Definition: an inquiry to determine whether there is sufficient ground to engender a well founded belief that a
crime has been committed, and respondent is probably guilty thereof and should be held for trial.
2. Purpose/s:
a. To inquire concerning the commission of a crime and the connection of the accused with it, in order that he
may be informed of the nature and character of the crime against him, and if there is probable cause to believe
him guilty, the state may take necessary steps to bring him to trial
b. Preserve evidence and keep witnesses within State’s control
c. Determination of possible bail in bailable offenses
d. Probable cause: apparent state of facts found to exist upon a reasonable inquiry which would induce a
reasonably intelligent and prudent man to believe that a crime has been committed and the accused committed
the same so should be held for trial.
3. Nature:
a. Purely statutory not constitutional
b. Right waivable
c. Absence does not affect court jurisdiction, if no objection is raised
d. Merely inquisitorial. Not trial on merits
e. Can be conducted ex parte
f. Does not place a person in jeopardy for double jeopardy purposes
4. Procedure: Section 3R112.