CRIMINAL PROCEDURE RIANO
NOTES
Chapter 1
PRELIMINARY CONSIDERATIONS
COMMISSION OF A CRIME
 Criminal litigation process presupposes the prior
commission of crime or at least the perception that a
crime has been committed.
 Crime: there is an offender and generally there is a
victim.
 Crime may also be committed by mere possession of
goods or things prohibited by law.
 The victim may be a private person who may either be
1. Natural
2. /Juridical
 Crime may be committed against public order
CONTACT WITH LAW
 Mere commission of a crime does not automatically
trigger the application of the rules on criminal procedure
 Rule only comes into operation ONLY WHEN acts are
initiated that would put the offender n contact with the
law or criminal justice system
 Brought to the attention of law enforcement
authorities and the offender is arrested
(warrant/valid warrantless arrest
 When law enforcement authorities are in
possession of information on the existence of
contraband/criminal activities in a particular
place, they may conduct a search and seizure by
virtue of a search warrant duly issued.
 Also consider searches that are valid even without
a search warrant
 Contact with law may also take place when the offended
party files a written complaint before the barangay
 There are situations or violations of laws or
ordinances which require compliance with the
barangay conciliation proceedings
 In some cases, referral of a case to the lupon for
conciliation or settlement is required before a
complaint, petition or action is filed in court
 Under such law, invocation of judicial authority shall be
allowed only if a certification is issued by the proper
barangay official to the effect that judicial intervention
may now be availed of because the desired conciliation
or settlement was not reached or when a settlement
previously forged was repudiated by a party.
INSTITUTION OF CRIMINAL ACTION;
PRELIMINARY INVESTIGATION
 After the offender’s initial contact with the law, the
aggrieved party or the arresting officer may initiate the
filing of a complaint directly with the trial court or with
the proper officer for the purpose of preliminary
investigation
 Take note: Not all cases require a preliminary
investigation.
 There are times when a complaint/ criminal information
may be filed directly in court without need for such
investigation.
 Under current rules, either
(a.) The direct filing of a complaint or information in
court
(b.) Or the filing of a complaint with the
investigating officer for the purpose of
conducting a preliminary investigation
- IS AN ACCEPETED MODE OF INSTITUTING A
CRIMINAL ACTION
 The institution of the criminal action shall interrupt the
period of the offense charged unless otherwise provided
in special laws
 How is a criminal action instituted?
Determine: Is the offense one which is subject to a
preliminary investigation or one which requires no such
investigation
REQUIRES Instituted by filing a complaint with
PRELIMINARY the proper officer for the purpose of
INVESTIGATION preliminary investigation
NO Filing the complaint or information
PRELIMINARY directly with the first level court
INVESTIGATION (MTC) or by filing a complaint with
IS MANDATED the office of the prosecutor
BY THE RULES
 In Manila and other chartered cities, the complaint shall
be filed with the office of the prosecutor, unless
otherwise provided in their charters.
 Under the rules, where the penalty prescribed by law for
the offense is at least 4 years, 2 months and 1 day
- a preliminary investigation is required
 Rules on preliminary investigation begin to grind when
a complaint is filed before an authorized officer for the
purpose of conducting a preliminary investigation
- Investigation is aimed at finding probable cause to
charge the respondent court
Complaint filed before he Initiates a preliminary
investigating officer investigation
Complaint filed in court Commences the judicial
proceedings against the
accused
 When complaint is filed with the investigating
prosecutor for the purpose of preliminary investigation.
How shall it be resolved?
- Rule mandates the prosecutor to evaluate the
complaint and its accompanying evidence.
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- If he finds no ground to continue with the
investigation, he shall dismiss the complaint
- If he finds a reason to proceed with the investigation,
he shall issue a subpoena to the respondent who
shall submit his counter-affidavit and those of his
witnesses.
- He may also submit supporting documents relied
upon for his defense.
- He is not however allowed to file a motion to
dismiss in lieu of the submission of a counter-
affidavit
 After the required preliminary investigation has been
completed, the investigating prosecutor may either
recommend the dismissal of the complaint or the filing
of an information in court with an accompanying
resolution to that effect
- Such resolution is subject to further action by a
higher officer in the prosecution hierarchy without
whose written authority or approval, no complaint or
information may be filed or dismissed by the
investigating prosecutor
- Resolution may further be subject to review of the
Secretary of Justice in accordance with the rules of
court
 When a criminal information is filed in court, any
disposition of the case now rests within the exclusive
jurisdiction and discretion of that court.
 In cases where penalty is less than 4 years, 2 months and
1 day, complaint may be filed directly with the
prosecutor, not for preliminary investigation but for
evaluation of evidence of the complainant
- Prosecutor may either dismiss the complaint or file
the information in court
 Complaint or information may also be filed directly
with MTC.
- Such court shall evaluate evidence submitted
- Since no preliminary investigation has been
conducted, the rule grants the court the option to
conduct a written personal examination under oath
of the complainant and his witnesses.
- Such: in form of searching questions and answers.
- If court finds probable cause : it shall issue a warrant
of arrest
- If already taken into custody : Issue a commitment
order
- Issue summons, if judge is satisfied that there is no
necessity for placing accused into custody
 When an accused is lawfully arrested without a
warrant
- He is not entitled to an ipso facto right to
preliminary investigation even if offense he is
alleged to have committed carries with it the
imposable penalty at least or even higher than 4
years, 2 months and 1 day.
CRIMINAL PROCEDURE RIANO
NOTES
- It is the lawful warrantless arrest which dispenses
with the need for preliminary investigation.
 Even if no preliminary investigation is held, the
complaint or information may nevertheless be filed
by the prosecutor
- As long as an inquest has been conducted.
- Conducting of an inquest however presupposes the
availability of an inquest prosecutor
- If he is not available, complaint may be filed by the
offended party or the peace officer directly with the
proper court on the basis of an affidavit of such
offended party or arresting officer or person.
 Before a complaint or information is filed, person
arrested may ask for a preliminary inestigation
- After validly signing a waiver of Article 125 of the
RPC.
- Art. 125. Delay in the delivery of detained persons to
the proper judicial authorities. — The penalties
provided in the next preceding article shall be
imposed upon the public officer or employee who
shall detain any person for some legal ground and
shall fail to deliver such person to the proper
judicial authorities within the period of; twelve (12)
hours, for crimes or offenses punishable by light
penalties, or their equivalent; eighteen (18) hours,
for crimes or offenses punishable by correctional
penalties, or their equivalent and thirty-six (36)
hours, for crimes, or offenses punishable by
afflictive or capital penalties, or their equivalent.
- In every case, the person detained shall be informed
of the cause of his detention and shall be allowed
upon his request, to communicate and confer at any
time with his attorney or counsel. (As amended by
E.O. Nos. 59 and 272, Nov. 7, 1986 and July 25,
1987, respectively).
- Notwithstanding such waiver, he may apply for bail
even before he is charged in court
 A person arrested, now the accused (information is
already filed) may still ask for a preliminary
investigation.
- Within 5 days from the time he learns of its filing
DUTY OF COURT UPON THE FILING OF THE
COMPLAINT/INFORMATION
Under the rules, the judge has a duty to be
performed within 10 days from the filing of such
complaint or information.
 Judge is required to personally evaluate the
resolution of the prosecutor and the evidence
supporting said resolution
= PRELIMINARY EXAMINATION
- Judicial function separate and distinct from a
preliminary investigation
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 CRIMINAL PROCEDURE RIANO
NOTES
Preliminary Investigation Function of the prosectutor offense not punishable
Conducted to determine by death, reclusion
probable cause that would perpetua, or life
justify the filing of a imprisonment )
complaint or information  Charged with offense
against the respondent punishable with
Preliminary Examination Judicial function reclusion perpetua or
Conducted after the life imprisonment,
information s filed in court evidence of guilt is not
Judge determines probable strong
cause to justify he propriety
of issuing a warrant of arrest Bail as a matter of judicial  Convicted in RTC for
discretion an offense not
punishable by death,
AVAILMENT OF PROVISIONAL REMEDIES reclusion perpetua, or
life imprisonment
 When a complaint/information is filed and the civil Strong evidence (x) proof beyond reasonable doubt
action arising from the offense charged is properly
instituted in accordance with the rules, the offended ARRAIGNMENT
party may avail of the provisional remedies available in
 Arraignment is a formal mode and manner of
civil actions
implementing the constitutional right of an accused to be
 Example : Support pendente lite
informed of the nature and cause of the accusation
against him.
BAIL
 W/o it, accused not deemed to have been informed of
 When the information is filed, the respondent becomes such accusation
an accused  Rule requires the presence of the accused during
 When the court issues a warrant of arrest, and he is arraignment for him to personally enter his plea.
arrested, the court now acquires a jurisdiction over his  Accused is to be arraigned before court where the
person complaint or information was filed or assigned for trial.
- Jurisdiction over his person may also be acquired It is made in open court by the judge or clerk and
when he voluntarily surrenders consists in furnishing the accused with a copy of
 Person under the custody of law may gain his release complaint or information ; reading shall be in a language
from the confinement by availing of the constitutional he understands
right to bail  If accused refuses to plead, a plea of not guilty shall be
- Corporate surety/property bond/cash entered
deposit/recognizance  When accused pleads guilty but at the same time
- He may apply before or after he is formally charged presents exculpatory evidence = guilty plea shall not be
- NO BAIL after judgment of conviction has become enetered for him.
final  Accused may plead guilty to a lesser offense
 If before such finality, accused applies for probation, he - Lesser offense must be one which is necessarily
may be allowed temporary liberty under his bail included in the offense charged
 Not Correct: Bail may be availed of only after the filing - Plea also requires consent of both the offended party
of complaint or information and the prosecutor
- Person in custody of law, not yet charged in court  During the date set for arraignment, the accused need
may apply for bail with any court in the province, not enter his plea outrightly
city/municipality where he is held - Before arraignment he has several options.
- Worthy of note is the rule that an application for or - He may move for a bill of particulars if there are
admission to bail shall not bar the accused from defects in the information or complaint which
challenging the validity of his arrest or the legality of prevent him from properly pleading to the charge
the warrant issued for his arrest provided hat he and preparing for trial
raises his objection before entering his plea - He may also move for suspension of arraignment
when justifiable reasons do exist for its suspension
Bail as a matter of right  Before or after - Accused may likewise at any time before entering
conviction of accused in his plea, move to quash to dismiss the complaint or
MTC (charged with information

3|Aleezah G e r t r u d e

- He may before entering his plea, also challenge the
validity of his arrest
MOVE TO QUASH THE COMPLAINT OR
INFORMATION
 Motion is required to be in writing, filed before the
accused enters his plea, signed by the accused or his
counsel and distinctly specifies both the factual and
legal grounds relied upon for his dismissal of the
complaint or information
 For example : He may move to quash on the ground that
facts charged do not constitute an offense, or that the
court trying the case has no jurisdiction over the offense
charged/person accused
 Failure to file a motion/failure to assert any of the
allowable grounds shall be deemed a waiver of the
grounds not invoked
 There are however grounds which are not deemed
waived even if not invoked
(a.) Facts charged do not constitute an offense
(b.) Court trying the case has no jurisdiction over the
offense charged
(c.) Criminal action or liability has been extinguished
(d.) Accused shall be placed in double jeopardy
 When court may not grant motion:
- Based on alleged defect in complaint or information
which can be cured by amendment
 When motion to quash is sustained, court may even
order that another complaint or information be filed
against the accused.
 An order sustaining motion to quash is not a bar to
another prosecution for the same offense UNLESS the
motion is based on
(a.) Extinguishment of criminal action or liability
(b.) Accused placed in double jeopardy
PRE-TRIAL
 Under the rules, after arraignment, and within 30 days
from the date the court acquires jurisdiction over the
person of the accused, the court shall order the
mandatory trial conference to consider certain matters
- Plea bargaining, stipulation of facts, marking of
evidence, waiver of objections to admissibility,
possible modification of the order of the trial, and
such other matters that will promote a fair and
expeditious trial of the criminal and civil aspects of
the case
 After pre-trial conference, the court shall issue an order
reciting the actions taken, facts stipulated and the
evidence marked
CRIMINAL PROCEDURE RIANO
NOTES
 Pre-trial order binds parties, limit the trial to matters not
disposed of and control the course of action during trial
unless modified to prevent manifest injustice
 All agreements or admissions made or entered during
pre-trial conference shall be reduced in writing and
signed by the accused and counsel
- Otherwise (x) be used against accused
TRIAL; DEMURRER
 Within 30 days from the receipt of pre-trial order, trial
shall commence
 Trial shall commence and continue from day to day as
far as practicable until terminated
 It may be postponed for a reasonable period of time for
good cause
 SC has set a time limit with respect to the period of
arraignment to trial.
- Speedy trial
 Trial begins when the prosecution presents its evidence,
but when accused admits act of commission of charged,
but interposes lawful defense, order of trial may be
modified or reversed
- When the order is modified, the accused shall be
allowed to present his evidence ahead of the
prosecution
 Accused may, instead of presenting his evidence, choose
- To move to dismiss the case by presenting demurrer
of evidence
- Demurrer may be presented with/without leave of
court.
 Upon admission of evidence of the parties, the case shall
be deemed submitted for decision
- Unless court directs them to argue orally or submit a
written memoranda
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 CRIMINAL PROCEDURE RIANO
NOTES
 Where motion for new trial is denied,
jurisprudence allows the accused o file an appeal
within fresh period of 15 days from the notice of
Entry of judgment denial of motion.

ENTRY OF JUDGMENT
Judgment
 All remedies have been exhausted and
judgment becomes final .
Trial

II. BASIC CONCEPTS

Pre-trial
CONCEPT OF CRIMINAL PROCEDURE

Criminal Law Declares what conduct is

Arraignment
criminal, defines crimes and
prescribes punishment for such
Bail crimes

Provisional Definition of offenses, penalties

remedies
JUDGMENT
 After trial, the judgment of court shall follow
 Judgment is the adjudication by court on the guilt or
innocence of the accused and the imposition on him of
the proper penalty and civil liability, if any
 Required to be written in official language, personally
and directly prepared by the judge and signed by him
 Shall contain clearly and distinctly a statement of facts
and the law upon which it is based
 Promulgated by reading it in the presence of the accused
and any judge of court
- Unless light offense (presence of
counsel/representative), ok
 If the judgment is for conviction, and accused fails to
appear, he shall lose remedies against the judgment
- Only way for him to regain right is to surrender
within 15 days from promulgation of judgment and
file for motion for leave to avail of remedies
POST-JUDGMENT REMEDIES
 Period of appeal is within 15 days from the notice of the
judgment or final order
 After lapse of period for perfecting appeal, judgment for
conviction becomes final.
 Within same period, the judge may, motu propio or
upon motion, with hearing in either case, re-open the
proceedings to avoid miscarriage of justice.
 Accused may move for new trial or a reconsideration
 Motion for new trial---error or irregularities of trial and
the discovery of new evidence
applicable for such offense, and
the formulation of general
principles of liability
Crminal Treats of the rule and process by
Procedure which the criminal laws are
enforced and by which the state
prosecutes the persons who
violate such laws
Provides and regulates steps by
which one who committed crime
is to be punished .
ULTIMATE GOAL OF CRIMINAL PROCEDURE
 Harmonizing the governmental functions of maintaining
peace and order and protecting the constitutional rights
of its citizens
THE ADVERSARIAL OR ACCUSATIONAL SYSTEM
 Our system of procedure (x) Inquisitorial
 Contemplates two contending parties before the court,
which hears them partially and renders judgment only
after trial
 Two sided structure, each tries to convince the court, its
position is the correct version of truth
 Inquisitorial
- Court plays very active role
- Court may utilize evidence gathered outside court
- Actively participates in gathering of facts and
evidence
LIBERAL INTERPRETATION OF THE RULES

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 CRIMINAL PROCEDURE RIANO
NOTES
 To promote their objective of securing a just, speedy or JURISDICTION OVER THE SUBJECT MATTER
inexpensive disposition of every action and proceeding
 Technicalities tending to frustrate substantive justice  Generally: Jurisdiction is the right to act or power and
must always be voided authority to hear and determine a cause
- Power to inquire into facts, apply the law and
pronounce judgment
- Question of fact
A. REQUISITES FOR EXERCISE OF CRIMINAL
JURISDICTION HOW JURISDICTION OVER THE SUBJECT
MATTER IS CONFERRED
(a.) over subject matter
(b.) territory  It is the law that confers jurisdiction
(c.) Person of the accused - (x) the rules
- Rule of procedure yield to substantive law
Jurisdiction over subject Authority of the court to hear - Jurisdiction over the subject matter is conferred by
matter and determine a particular law and any judgment, order, or resolution issued
criminal case
without it is void and cannot be given any effect
 Jurisdiction over the
offense charged - Cannot be conferred upon by court by the accused--
Jurisdiction over person of Authority of court over the express waiver or otherwise
the accused person charged  Jurisdiction is conferred by the sovereign authority
 Requires that the which organized the court
person charged with - consent or acquiescence of any or all of the
the offense must parties
have been brought - waiver
into its forum for - enlarged by acquiescence
trial, forcibly by - acquired by erroneous belief of the court that it
warrant of arrest or has jurisdiction
upon his voluntary THE CONFERMENT OF JURISDICTION CANNOT
submission to the BE ASSUMED
court.
 When a law confers jurisdiction, the conferment must be
clear
JURISDICTION OVER THE TERRITORY; VENUE IN
- It cannot be presumed
CRIMINAL CASES
- It must appear from the statute
 Jurisdiction over territory is that in criminal cases
HOW JURISDICTION OVER THE SUBJECT
 Venue is jurisdictional and court is bereft of
MATTER IS DETERMINED
jurisdiction to try an offense committed outside its
limited territory.
 Jurisdiction of court is conferred by law
 Place where crime is committed determines not only
 Jurisdiction over a criminal case is determined by the
the venue of action but is an essential element of
allegation in the complaint or information
jurisdiction
- Court therefore must look into the allegations of the
- Offense should have been committed or any of its
written accusation for it to know whether or not it
essential ingredients should have taken place within
has jurisdiction over the offense charged therein
the territorial jurisdiction of cour.
 In order to determine jurisdiction of court in criminal
 Territorial jurisdiction in criminal cases is the territory
case, the complaint or information must be examined for
where the court has jurisdiction to take cognizance or try
the purpose of ascertaining:
the offense allegedly committed therein by the accused
- Whether or not the facts set out therein and the
 For complaint or information to be sufficient
punishment provided for by law for such acts fall
- Must enable the court through the allegations to
within the jurisdiction of the court in which the
determine that the offense was committed or any of
criminal action is filed
its essential ingredients occurred at some place
- Jurisdiction is not determined by the evidence
within jurisdiction of court
presented by the parties at trial
- Neither is it determined by the defenses set up by the
B. CRIMINAL JURISDICTION OVER THE SUBJECT
defendant or the accused
MATTER

6|Aleezah G e r t r u d e

 Only the allegations in the complaint or information
constitute the guidepost in determining the jurisdiction
of the court, disregarding the defense of the accused or
whatever evidence is presented during trial
USE OF IMPOSSIBLE PENALTY
 Jurisdiction is not determined by the penalty actually
imposed AFTER trial
 BUT by the penalty imposable by the law on the
offense.
The extent of penalty which the law imposes
+ other legal obligations on the basis of facts recited in the
complaint or information
= Jurisdiction of court
STATUTE APPLICABLE TO A CRIMINAL ACCTION
 The subject matter jurisdiction of court in criminal
matters is measured by the law in effect
- At the time of the COMMENCEMENT
/INSTITUTTION/ FILING OF CRIMINAL
ACTION
- (x) law in effect at the time of the commission of the
offense charged
- (x) by law in force during the arraignment of the
accused
Averments of the complaint or information in relation to law
PREVAILING AT THE TIME OF FILING OF THE
COMPLAINT OR INFORMATION
+ penalty provided by law for the crime charged at the time
of its commission
= Jurisdiction of court
PRINCIPLE OF ADHERENCE OF JURISDICTION OR
CONTINUING JURISDICTION
GENERAL RULE
 Once the court has acquired jurisdiction, that jurisdiction
continues until the court has done all has done all that it
can do in the exercise of that jurisdiction
 It may not be ousted from the case by subsequent events
EXCEPTION
1. Express provision of the statute
2. The statute clearly intended to apply to actions
pending before its enactment
OBJECTION ON JURISDICTIONAL GROUNDS
 Court lacks jurisdiction over the subject matter
- May be raised or considered motu proprio by the
court AT ANY STAGE OF THE PROCEEDINGS
OR ON APPEAL.
CRIMINAL PROCEDURE RIANO
NOTES
- Limitations: cannot be invoked to secure affirmative
relief and after obtaining or failing to obtain such
relief repudiate or question the same jurisdiction ---
sound public policy bars one from doing so,
speculating on the fortunes of litigation
- Party may be estopped
C. CRIMINAL JURISDICTION OVER THE PERSON
OF THE ACCCUSED
HOW ACQUIRED
 In criminal proceedings it is not sufficient for the court
to acquire jurisdiction over the subject matter.
 It also needs to acquire jurisdiction over the person of
the accused
 Jurisdiction over person is acquired upon his arrest or
apprehension with or without a warrant or his voluntary
appearance or submission to the jurisdiction of the court
VOLUNTARY SUBMISSION TO THE JURISDICTION
OF THE COURT ; SEEKING AFFIRMATIVE RELIEF
 As a rule, one who seeks an affirmative relief =
submitted to the jurisdiction of court
 Accomplished either by
- His pleading to the merits (filing a motion to quash
or other pleadings)
- Appearing for arraignment
- Entering the trial
- Active participation in trial
 If he subsequently fails to appear during trial and
escapes from custody of law
- Jurisdiction is not lost
- Jurisdiction once acquired is not lost but continues
UNTIL THE CASE IS TERMINATED.
OBJECTION TO THE JURISDICTION OF THE
COURT OVER THE PERSON OF THE ACCUSED
 NOT ALL acts seeking affirmative relief = voluntary
appearance or submission to the jurisdiction
- Special appearance to question jurisdiction
- Motion to quash filed precisely on that ground
 Where the appearance is by motion for the purpose of
objecting to the jurisdiction of the court over the person
- It must be for the sole and separate purpose of
objecting said jurisdiction
- Any other purpose = submission to the jurisdiction
of court
Custody of law (x) necessarily being under
the jurisdiction of the court
- signifies restrain on the
person who is deprived of his
own will and liberty
7|Aleezah G e r t r u d e

-literally custody over the
body of the accused
Jurisdiction over the person One can be subject to the
jurisdiction of court over his
person and (x) in custody of
law
D. INJUCTION TO RESTRAIN CRIMINAL
PROSECUTION
 GR: Injunction will not be granted to restrain a criminal
prosecution
- Public interest requires that criminal acts be
immediately investigated and prosecuted for the
protection of the society
 Exceptions
1. Injunction is necessary to afford adequate
protection to the constitutional rights of the
accused
2. It is necessary for the orderly administration of
justice or to avoid oppression or multiplicity of
actions
3. Prejudicial question is subjudice
4. Acts of the officer are without or in excess of
authority
5. Prosecution is under an invalid law, ordinance or
regulation
6. Double jeopardy is already apparent
7. Court has no jurisdiction over the offense
8. It is a case of persecution rather than prosecution
9. Charges are manifestly false and motivated by the
lust for vengeance
10. There is clearly no prima facie case against the
accused and a motion to quash on that ground has
been denied
E. MANDAMUS TO COMPEL PROSECUTION
 Public prosecutor
- Exercises a wide latitude of discretion in
determining whether a criminal case shall be filed in
court and courts must respect exercise of such
discretion
 Mandamus as a rule (x) lie to compel criminal
prosecution
- Not available to control discretion
III. CRIMINAL JURISDICTION OF TRIAL COURTS
A. CRIMINAL JURISDICTION OF MUNICIPAL TRIAL
COURT, MUNICIPAL CIRCUIT TRIAL COURT AND
METROPOLITAN TRIAL COURT
1. EOJ over all violations of city/municipal ordinances
committed w/in their respective territorial jurisdiction
2. EOJ all OFFENSES
CRIMINAL PROCEDURE RIANO
NOTES
- -punishable with imprisonment (x) < 6 yrs
- irrespective of the amount of fine and regardless of
other imposable or accessory penalties
- including civil liability arising from such offenses
irrespective of K,N,V/A
3. “Except in cases falling within the exclusive
jurisdiction of RTC and Sandiganbayan
- MTC does not at all times have jurisdiction over
offenses punishable with imprisonment not
exceeding 6 years
- “jurisdiction over offenses up to maximum of prison
correctional”
- Art 360 of RPC : criminal action, as well as civil
action for such offense, shall be filed
SIMULTANEOUSLY or SEPARATELY with RTC
(x) MTC
4. EOJ over all offenses involving damage to property
through criminal negligence
5. Violations of BP 22 : as per A.M No. 00-11-01 SC
(04/15/03/) governed by Rules on Summary Procedure
in criminal cases
6. Summary procedure in certain cases
7. Special jurisdiction to decide on application for bail in
criminal cases in absence of ALL RTC judges in the
province or city
SUMMARY PROCEDURE IN CRIMINAL CASES
(a.) Violation of traffic laws, rules and regulations
(b.) Violations of rental law
(c.) BP 22 cases
(d.) Violation of municipal/city ordinances
(e.) All other CRIMINAL CASES
- Impossible penalty prescribed by law for the
OFFENSE CHARGED
- Imprisonment not exceeding 6 mos
- /fine not exceeding P1K
- /both
- Irrespective of other impossible penalties, accessory
or otherwise or of the civil liability arising therefrom
(f.) Offenses involving damage to property through criminal
negligence
- Impossible fine (x) exceed P10K
 Filing of criminal case under summary procedure may
either be by
(a.) Complaint
(b.) / Information
 In Metro Manila and other chartered cities
- Filing shall be by information except WHEN the
offense is one which cannot be prosecuted de officio
 Complaint or information shall be accompanied by
(a.) Affidavits of the complainant and his witnesses in
such number of copies as there are accused
(b.) 2 copies for courts files
- Has to be complied with, w/in 5 days from the filing
of case
- Otherwise: dismissed
8|Aleezah G e r t r u d e
 CRIMINAL PROCEDURE RIANO
NOTES
-Affidavits shall state ONLY the facts of direct subject matter
personal knowledge of the affiants b) or failure to comply with barangay
- It shall also show the competence of the affiants to conciliation proceedings
testify to the matters stated therein (2) Motion for bill of particulars
(3) Motion for new trial or for consideration of a judgment
 Violation of the requirements
or for reopening of trial
- Ground for disciplinary action against the party or (4) Petition for relief of judgment
the counsel who submits (5) Motion for extention of time to file pleadings, affidavits
- Inadmissible affidavit or a portion of it to be or other paper
expunged from the record (6) Memoranda
(7) Petition for certiorari, mandamus or prohibition against
Situations any interlocutory order issued by court
court find no cause of order dismissal of case (8) Motion to declare the defendant in default
action/ground to hold (9) Dilatory motions for postponement
accused for trial (10) Reply
Ground to hold accused for set case for arraignment (11) Third party complaints
trial and trial (12) Interventions
- If in custody Accused shall immediately
be arraigned
- Enters plea of Sentenced B. CRIMINAL JURISDICTION OF THE REGIONAL
guilty TRIAL COURT
 Before conducting trial: Preliminary conference during 1. EOJ in all criminal cases not within the exclusive
jurisdiction of any court, tribunal or body
which the following may be done
- Except those falling under exclusive and concurrent
(a.) Entering into a stipulation of facts jurisdiction of SB
(b.) Considering the propriety of allowing 2. OJ in the issuance of writs of certiorari, prohibition,
accused to enter his plea mandamus, quo warranto, habeas corpus and injuction,
(c.) Taking up such other matters to clarify the enforceable in any part of their respective regions
issues and to ensure a speedy disposition 3. Appellate jurisdiction over all cases decided by the
of case MTC within its territorial jurisdiction
4. Special jurisdiction of certain branches to handle
 Accused fails/refuses to stipulate
exclusively criminal cases as determined by the SC
- It shall not prejudice the accused 5. Jurisdiction over criminal cases under specific laws such
 Any admission during preliminary conference must be as
reduced to writing and signed by the accused and his a) Criminal and civil aspects of written
counsel defamation (Art 360 RPC)
 During trial b) Jurisdiction of designated special courts over
- Actual direct examination of the witnesses is not cases in violation of Comprehensive
Dangerous Drugs Act 2002
required
c) Jurisdiction of designated RTC branches for
 Because affidavits submitted by parties = direct violations of IPR
testimonies d) Jurisdiction to try all cases on money
 Witnesses however may be subjected to a cross laundering
examination, redirect examination or re-cross o However those committed by public officers
examination and private persons in conspiracy with public
officers : jurisdiction of SB
 Failure to testify = affidavit shall not be considered
as competent evidence for party presenting affidavit
 Court mandated not to order the arrest of accused
C. CRIMINAL JURISDICTON OF THE
EXCEPT = ground is failure to appeared when required SANDIGANBAYAN
by courts (P.D 1606 as amended by RA 7975 and RA 8249)
 Trial conducted  Court shall promulgate judgment not 1. The jurisdiction of the Sandiganbayan is set by PD 1606
later than 30 days after termination of trial as amended and not by RA 3019 or Anti-graft and
corrupt practices act
PROHIBITED PLEADINGS, MOTIONS AND PETITIONS 2. Applicable law provides:
IN SUMMARY PROCEDURE IN CIVIL AND CRIMINAL Sec 4 Jurisdiction –Sandiganbayan shall exercise
CASES original jurisdiction in all cases involving
(1) Motion to quash the complaint or information or motion a) Violation of RA 3019 otherwise known as Anti-
to dismiss the complaint graft and corrupt practices act and RA 1379 and
- Except Chapter II, Section 2, Title VII, Book II of RPC
a) if the ground is lack of jurisdiction over - Where one or more of the accused are officials

9|Aleezah G e r t r u d e

occupying the following positions in the government
- Whether in a permanent, acting or interim capacity
AT THE TIME OF THE COMISSION OF THE
OFFENSE
(1) Officials of the executive branch
occupying the positions of regional
director and higher of the Compensation
and Position Classification Act of 1989
RA 6758 specifically including
(a.) Provincial governors, vice-
governors , members of the
sangguniang panlalawigan and
provincial treasurers, assessors,
engineers and other provincial
department heads
(b.) City mayors, vice-mayors,
members of sangguniang
palungsod, city treasurer,
assessors, engineers, and other
city department heads
(c.) Officials of the diplomatic
service occupying the position of
consul or higher
(d.) Philippine army and air forces
colonels, naval captains and all
officers of higher ranks
(e.) Officers of Philippine National
Police while occupying the
position of provincial director
and those holding the rank of
senior superintended or higher
(f.) City and provincial prosecutors
and their assistants and officials
and prosecutors in the Office of
the Ombudsman and special
prosecutors
(g.) Presidents, directors or trustees
or managers of GOCC, state
universities or educational
institution or foundations
(2) Members of Congress and officials thereof
classified as Grade 27 and up
(3) Members of the judiciary without
prejudice to the provisions of the
Constitution
(4) Chairmen and members of Constitutional
Commissions, without prejudice to the
provisions of the Constitution
(5) All other national and local officials
classified as Grade 27 and higher
b) Other offenses or felonies whether simple or
completed with other crimes committed by the
public officials and employees mentioned in
subsection “a” of this section in relation to their
office
c) Civil and criminal cases filed pursuant to and in
connection with Executive Order Nos. 1, 2, 14 and
14-A issued in 1986.
 In cases where none of the accused are occupying
positions corresponding to Salary Grade 27 or higher or
military and PNP officers
CRIMINAL PROCEDURE RIANO
NOTES
- EOJ : thereof shall be vested in the proper regional
trial court, metropolitan trial court, municipal trial
court and municipal circuit trial courts
 Sandiganbayan shall exercise exclusive appellate
jurisdiction over petitions for issuance of
- Writ of mandamus
- Prohibition
- Certiorari
- Habeas corpus
- Injunctions
- And other ancillary writs and process in aid of its
appellate jurisdiction and over petitions of similar
nature, including quo warranto
- Provided that the jurisdiction over these petitions
shall not be exclusive of the Supreme Court
 In all cases elevated to the Sandiganbayan and from the
Sandiganbayan to the Supreme Court, the Office of the
Ombudsman through its special prosecutor, shall
represent the People of the Philippines except in cases
pursuant to E.O 1,2,14 and 14-A issued in 1986
- In case private individuals are charged as co-
principals, accomplices or accessories with the
public officers or employees, including those
employed in GOCC
- They shall be tried jointly
- An official no longer has to be a principal accused ;
he may simply be an accessory
OFFENSES SUBJECT TO THE JURISDICTION OF
THE SANDIGANBAYAN
 Jurisdiction of the Sandiganbayan isnot confined to
violations of the Anti-Graft and Corrupt practices Act.
a) Violations of RA 3019 otherwise known
known as the Anti-Graft and Corrupt Practices
Act
b) Violations of RA 1379 or otherwise as An Act
Declaring Forfeiture in Favor of the State of
Any Property Found to have been unlawfully
acquired by any public officers or employees.
c) Violations of Chapter II, Sec 2, Title VII,
Book II of RPC
- Refer to law on bribery in all forms including corruption
of public officer
d) Other offenses or felonies whether simple or
complexed with other crimes commtted by
public officials
- Offenses or felonies : so broad in meaning and are not
restricted to the laws earlier mentioned
- Must be committed in relation to their office
e) Civil and Criminal offenses filed pursuant to
and in connection with EO 1,2,14 and 14-A
- Sec 2 of E.O 1 : expressly granted PCGG the authority
to recover ill gotten wealth
10 | A l e e z a h G e r t r u d e

OFFICIALS AND EMPLOYEES WITH A SALARY OF
“27” OR HIGHER
 Law mentions salary grade “27” only in relation to the
following officials
(a.) Officials of the executive branch, occupying the
position of regional director and higher
(b.) Members of congress or officials thereof
(c.) All other national and local officials . These
officials who are not enumerated in letters “a” to
“g” of Sec 4 (a) (1)
 The salary grade of 27 has no reference
- Provincial governors, vice governors or members
of the sangguniang panlalawigan, sangguniang
panlunsod, directors or managers of GOCC, city
mayors, vice mayors, city treasurers , assessors,
engineers, trustees of state universities and other
officials enumerated in Sec 4(a) (1) from letters a to
g
** regardless of their salary grades
OFFICERS FALLING BELOW SALARY GRADE 27
 While the first part of Sec 4 of P.D 1606 covers only
officials of the executive branch with the salary grade 27
and higher, the second part thereof specially includes
other executive officials whose positions may not be of
grade 27 and higher but who are by express provision of
law, placed under the jurisdiction of the said court
 Those that are classified as Salary Grade 26 and below
may still fall within the jurisdiction of the
Sandiganbayan provided that they hold the positions
thus enumerated in the same law
SALARY GRADE ALONE DOES NOT DETERMINE
THE JURISDICTION OF THE SANDIGANBAYAN
 It is not only the salary grade
 Sandiganbayan also has jurisdiction over other
officers enumerated in PD 1606
 Second part of Sec 4 (a) thereof specifically includes
other executive officials whose positions may not be
with salary grade 27 and higher but under the
jurisdiction of SB
STUDENT REGENT OF STATE UNIVERSITY IS A
PUBLIC OFFICER
 Performs functions similar to those of a board of
trustees of a non-stock corporation
OFFENSES COMMITTED IN RELATION TO THE
OFFICE
 The relation has to be such that : in the legal sense,
the offense cannot exist without the office
 However, even if the position is not an essential
ingredient of the offense charged
CRIMINAL PROCEDURE RIANO
NOTES
- IF the information avers the intimate connection
between the office and the offense, this would bring the
offense within the definition of an offense, committed in
relation to the public office
 Intimately connected = office of the offender &
perpetrated while he was in the performance of his
official functions, even if public office is not the
element of the offense charged
 Important : complaint or information must allege the
intimate relation between the offense charged and
the discharge of official duties because the factor
that characterizes the charge is the =
ACTUALRECITAL OF THE FACTS IN THE
COMPLAINT OR INFORMATION
 Stringent requirement that the charge be set forth
with such particularity as will reasonably indicate
the exact offense which the accused is alleged to
have committed in relation to his offense was, not
satisfied.
- Mere allegation in the amended information that the
offense charged was committed
An offense is deemed to be committed in relation to the
public office of the accused when
(a.) Such is an element of crime charged
(b.) Or wwhen the offense charged is intimately
connected with the discharge of the official
function of the accused
JURISDICTION OF THE SANDIGANBAYAN OVER
PRIVATE PERSONS; EFFECT OF DEATH OF
PUBLIC OFFICER
 Private persons may be charged in conspiracy with
public officers
 Even if the public officer with whom he was alleged to
have conspired, died prior to filing of the information
 Only thing extinguished by the death of public officer is
criminal liability
ANTI-MONEY LAUNDERING CASES
 Committed by public officers and private persons who
are in conspiracy with such public officers
PLUNDER LAW
 “Until otherwise provided by law, all prosecutors under
this act shall be within the exclusive jurisdiction of the
Sandiganbayan” (Sec 5, RA 9160, Anti-Money
Laundering act )
FORFEITURE CASES
11 | A l e e z a h G e r t r u d e
 CRIMINAL PROCEDURE RIANO
NOTES
 Any property found to have been unlawfully acquired by  To determine the penal liability of the accused
public officers or employees shall be forfeited in favor for having outraged the state with his crime
of state and if found guilty, punish him forit
 RA 1379 arises out of a cause of action separate and
different from a plunder case PARTIES
 In the prosecuton of plunder, what is sought to be
established is the commission of criminal acts in  People of the Philippines and accused
furtherance of the acquisition of ill gotten wealth.  Interest of private complainant or private
 All that the court needs to determine by preponderance offended party : LIMITED TO CIVIL
of evidence under RA 1379 LIABILITY
- Disproportion of respondent’s properties to his  Complainant role is limited to: witness for the
legitimate income, it being unnecessary to prove how he prosecution
acquired such properties
HOW CRIMINAL ACTIONS ARE INSTITUTED
APPELLATE JURISDICTION OF THE
 Depends on whether or not the offense is one which
SANDIGANBAYAN
requires a preliminary investigation
 Over final judgments, resolutions, or orders or regional Preliminary Investigation Instituted by filing the
is required complaint with the proper
trial courts whether in the exercise of their own original
officer for the purpose of
jurisdiction of their appellate jurisdiction conducting the requisite
 In cases where none of the accused are occupying preliminary investigation
positions corresponding to salary grade 27 or higher, Preliminary Investigation (a.) By filing the
EOJ thereof is not required complaint or
- Shall be vested in the proper regional trial court, information
metropolitan trial court municipal trial court and DIRECTLY with
MTC or MMTC
municipal circuit trialcourt as the case may be
(b.) By filing the
complaint with
AUTHORITY TO ISSUE WRITS AND OTHER the office of the
PROCESSES prosecutor

 Issuance of writ of
-mandamus INSTITUTION OF CRIMINAL ACTIONS IN MANILA
-prohibition AND OTHER CHARTERED CITIES
-certiorari
-habeas corpus  Complaint shall be filed with the office of the prosecutor
-injunctions unless otherwise provided in their charters
-and other ancillary writs and processes in aid of its
appellate jurisdiction and over petitions of similar nature NO DIRECT FILING IN THE REGIONAL TRIAL COURT
including quo warranto
 Provided that the jurisdiction over these petitions shall  As a rule, there is no direct filing of an information or
not be exclusive to SC complaint with the RTC under Rule 110
- Because jurisdiction covers offenses which require
CHAPTER II preliminary investigation
 Preliminary investigation is NOT to be conducted
PROSECUTION OF OFFENSES - Penalty prescribed by law is LESS than 4 years, 2
months and 1 day
(RULE110) - MTC
 RTC has jurisdiction over an offense punishable with
I. INSTITUTION OF CRIMINAL ACTIONS imprisonment EXCEEDING 6 yrs
- Offense way above the minimum penalty for an offense
PURPOSE OF CRIMINAL ACTION; ROLE OF
that requires preliminary investigation
PRIVATE OFFENDED PARTY
EFFECTS OF INSTITUTION OF CRIMINAL ACTION
PURPOSE
IN THE PRESCRIPTIVE PERIOD

12 | A l e e z a h G e r t r u d e

 Present rule: “institution of criminal action shall
INTERRUPT the period of prescription of the offense
charged unless otherwise provided by special laws”
 For offenses where a preliminary investigation is not
required, the filing of the information or complaint with
MTC and MCTC or with the office of the prosecutor
shall interrupt the period of prescription of the offense
charged
RULE ON PRESCRIPTION FOR VIOLATIONS OF
MUNICIPAL ORDINANCES AND SPECIAL LAWS
 Act No. 3326
- Law which governs for prescription for violations
penalized by special acts and municipal ordinances
- Period of prescription shall be suspended when
proceedings are instituted against the guilty person =
judicial proceeding (x) administrative proceeding
 Sec 2 of the law provides
- Prescription begins from
(a.) The commission of the crime or
(b.) From the discovery thereof and
the institution of judicial
proceedings for its investigation
and punishment
 Conflict between Act 3326 and Rule 110
- Latter must yield
- Court, in exercise of its rule making power is not
allowed to diminish , increase or modify substantive
rights
 Recent cases conflict to above doctrine (Zaldivia)
- The filing of the complaint for purposes of preliminary
investigation interrupts period of prescription of
criminal responsibility
 When Act 3326 was passed, preliminary investigation
could be conducted by justices of peace; thus
“institution of judicial proceedings for its investigation
and punishment”
- Proper filing of affidavit of complaint for preliminary
investigation with the proper office interrupted the
running of the prescriptive period
Prevailing rule
Irrespective of whether the offense charged is punishable by
RPC/Special law, it is
- The filing of complaint or information in the office of
the public prosecutor for purposes of preliminary
investigation that interrupts the period of prescription
INTERRUPTION OF PERIOD OF PRESCRIPTION
EVEN IF COURT IS WITHOUT JURISDICTION
CRIMINAL PROCEDURE RIANO
NOTES
 Filing of first charges should be considered as having
interrupted the prescriptive period notwithstanding the
lack of jurisdiction
CASE DIGESTS
PEOPLE V. BAUTISTA
FACTS:
 On June 12,199 a dispute arose between respondent and
co-accused Bautista and the private complainant Goyena
Jr.
 Goyena filed a complaint with the office of the barangay
but no settlement was reached
 Barangay chairman issued a certification to file an
action dated Aug 11,1999
 Private complainant filed with the of the City
Prosecutor a complaint for slight physical injuries on
August 16,1999
 Preliminary Investigation
 Prosecutor Junsay-Ong issed a Joint Resolution dated
Nov 8,1999 recommending the filing of action against
respondent
 It was approved by the City prosecutor represented by
First Assistant City Prosecutor Sulla (date of approval
unknown)
 Respondent sought dismissal of the case on the ground
that by the time the information was filed, 60 day period
of prescription from date of commission of crime (June
12,1999) had already elapsed
MeTC Not yet prescribed
RTC Concurred
CA 60 day prescriptive period was interrupted
when offended party filed a complaint with the
OCP on Aug 16,1999
- Offense prescribed by the time
information was filed with the MetC
- .Although approval of Joint Resolution of
ACP Junsay-Ong bears no date, it
effectively terminated proceedings at
OCP. It ought not to have been taken as
late as the last day of the year 1999.
- Information was filed with MeTC only on
June 20,2000 or already 6 moths into next
year
- Art 91 RPC: proceedings at CPO was
unjustifiably stopped for any reason not
imputable to him, (accused) for a time
very much more than the prescriptive
period of only 2 months
- Offense already prescribed
ISSUE:
13 | A l e e z a h G e r t r u d e

WON prescriptive period began to run anew after the
investigating prosecutor’s recommendation to file the proper
criminal information against respondent was approved by the
city prosecutor
HELD: NO
 Art 91 of RPC (Computation of prescription of offenses
---shall commence to run from the day on which crime
is discovered by the offended party, the authorities or
their agents and shall be interrupted by the filing of
complaint or information and shall not commence to run
again when such proceedings terminate without the
accused being convicted or acquitted or are unjustifiably
stopped for any reason not imputable to him.
 Filing of complaint with the fiscal’s office suspends the
running of the prescriptive period
 Prescriptive period remains tolled from the time the
complaint was filed with the office of the prosecutor
until such time that the respondent is either convicted or
acquitted by proper court
 Office of the Prosecutor miserably incurred some delay
in filing the information but such mistake or negligence
should not unduly prejudice the interest of state and the
offended party
 He constitutional right of the accused to speedy trial
canno be invoked by the petitioner
- Delay occurred : not in the conduct of the preliminary
investigation or trial but in the filing of the information
after the City Prosecutor approved the recommendation
of the investigating prosecutor to file the information
PANAGUITON JR V. DOJ
 In 1992, Cawilli borrowed vaious sums of money
(P1,979,459) form petitioner
 1993, Cawili and his business associate Tongson jointly
issued in favor of the petitioner 3 checks in payment of
said loans
 All 3 checks bounced, petitioner made formal demands,
but to no avail
 On Aug 24,1995, petitioner filed a complaint against
Cawili and Tongson for violating BP 22 before the QC
Prosecutor’s office
 Only Tongson appeared and claimed that he had been
unjustly included as party-respondent, and that he
himself have lent money to Cawili and filed several
criminal cases against him for violation of BP22
 In a resolution dated Dec 6,1995, City Prosecutor III
Lara found probable cause only against Cawili and
dismissed the charges against Tongson
 Petitioner filed a partial appeal before DOJ even while
case against Cawili was filed before the proper court
 DOJ Resolution July 11,1997 – Chief state prosecutor
Zuno directed City Prosecutor of QC to conduct
CRIMINAL PROCEDURE RIANO
NOTES
reinvestigation and to refer the questioned signature to
NBI
 March 15,199, ACP Sampaga dismissed the case and
held that the case had already prescribed pursuant to Act
No. 3326 as amended
- Violations penalized by BP 22 shall prescribe in 4 years
- It started when the checks were dishonored
- Filing of complaint before QC Prosecutor on Aug
24,1995 did not interrupt the running of the period
- Law contemplates judicial and not administrative
proceedings
 Petitioner appealed to DOJ
DOJ Dismissed
Undersecretary - Offense had already prescribed
Teehankee
MOR : - Offense had not yet prescribed
Undersecretary - Filing of complaint with the
Gutierrez prosecutor’s office interrupted
April 3 2003 the running of the prescriptive
period
- City Prosecutor filed an
information charging 3 counts
of violation of BP 22
Resolution - Subject offense had already
Aug 9,2004 prescribed and withdrawal of 3
informations for violation of
BP 22
CA - Dismissed due to technicality
(failure to attach a proper
verification and certification of
non-forum shopping
ISSUE: WON CASE HAD ALREADY PRESCRIBED
HELD: NO
 Act 3326 –An Act to establish prescription for violations
of special acts and municipal ordinances and to provide
when the prescription shall begin
 Sec 1 : (b) 4 years for those punished with imprisonment
for more than 1 month but less than 2 years
 Sec 2: Prescription shall begin to run from the day of
commission of the violation of law,if unknown : from
the discovery thereof and the institutution of judicial
proceeding for its investigation
 Interrupted when the proceedings are institituted against
the guilty person and shall begin to run again if the
proceedings are dismissed for reasons not constituting
double jeopardy
 (X) position that only filing a case in court can toll the
running of the prescriptive period
 Act 3226 was approved on Dec 1926, when the function
of conducting preliminary investigation was vested with
the justice of peace
 (People v. Olarte) –filing of complaint in MTC, even if
it be merely for purposes of preliminary examination
and investigation should and does interrupt the period of

14 | A l e e z a h G e r t r u d e
 CRIMINAL PROCEDURE RIANO
NOTES
prescription of criminal responsibility, even if court  On Oct 2,2003, 2 criminal information were filed in
where complaint or information is filed cannott try he MTC dated July 25,2003 against the respondents
case on the merits  Respondents and other accused filed on January 20,2004
 Prescriptive period is interrupted by the institution of Motion to Quash and/or Manifestation
proceedings for preliminary investigation against the - Extinguishment of criminal action or liability due to
accused prescription; failure of information to state facts that
 Subsequent change in set-up whereby the investigation charged an offense and the imposition of charges on
of charge for purposes of prosecution has become the respondneets with more than 1 offense
exclusive function of the executive branch, term
proceeding should now be understood either executive MTC - Offense charged have not yet prescribed
or judicial in character Feb 10,2004 - Interrupted by filing of complaint or
information
 To rule otherwise would deprive the injured party of
- Filed only on Oct 2,2003
right to obtain vindication on account of delays that are - Private respondent filed complaint on
not under his control May 23,2003, well within prescribed
 Petitioner filed his complaint-affidavit on 24 Aug 1995, period
well within 4 year prescriptive period. Respondent Judge on April 16,2004 upheld
 He timely filed his appeals and his motion for the order granting respondent’s motion to
quash
reconsideration
- Criminal action extinguished by
 However, from the time he filed his complaint-affidavit prescription
with OCP (Aug 24,1995) up to the time the DOJ issued - Sec 9 of rules on Summary Procedure :
resolution, an aggregate period of 9 years elapsed. running of prescriptive period shall be
 Due to DOJ’s fillip-flopping resolutions and its halted on the date the case is filed in
misapplication of Act No 3326 court and not any date before that
- In case of conflict, rules on Summary
 Offense has not yet prescribed
Procedure as the special law prevails
over Sec 1 of Rule 110
- Rule 110 must yield to Act No 3326
JADEWELL PARKING SYSTEMS V. LIDUA RTC Petitioner claimed filing of criminal
FACTS: complaint with OCP of Bagio not filing of
criminal information before Honorable Court
 Petitioner Jadewell, operates and manages parking : reckoning point in determining whether or
spaces in Baguio City pursuant to City Ordinance. It is not the criminal action had already
also authorized under Sec 13 of City ordinance to render prescribed
any motor vehicle immobile by placig wheels in a clamp
Zaldiva Violation of
of the vehicles illegally parked Municipal
 A case was filed against the respondents (Angs) Ordinance
(Balajadia) because of dismantling the clamps attached - Complaint
to their wheels due to illegal parking should have
 Petitioner filed an affidavit complaint against been filed
directly in
respondents.
court
 Affidavit complaits was filed with OCP of Baguio on - Proceedings =
May 23,2003. Judicial
 Preliminary investigation took place on May 28,2003. Proceedings
 Respondents also filed a case against Jadewell’s officers This case Violation of City
for usurpation of authority/grave coercion ordinance
- shall be
 In resolution of OCP of San Fernando La Union, Acting commenced
City Prosec Banez found probable cause to file case of only by
usurpation of authority against petitioner. It was also information
submitted that respondents acts of removing clamps and - Rtc dismissed :
their failure to pay prescribed fees were in violation of - City ordinance violations may only be
Sec 21 of Baguio City Ordinance which prescribes fines commenced by filing of an information,
then 2 month prescription may only be
and penalties for violation of such.
interrupted by filing of informations
 Prosecutor Banez issued such resolution on July 25,2003 against the respondent in court
ISSUE

15 | A l e e z a h G e r t r u d e
 CRIMINAL PROCEDURE RIANO
NOTES
WHETHER THE FIING OF THE COMPLAINT WITH  Petitioner had only 2 months from the discovery
OCP ON MAY 23,2003 TOLLED THE PRESCRIPTION and commission of the offense before it prescribed
PERIOD OF THE COMMISSION OF OFFENSE within which to file the Information with MTC
CHARGED AGAINST RESPONDENTS  Unfortunately, when the office of the prosecutor
filed the informations on Oct 2,2003, the period
HELD:NO had already prescribed
 Sec 20: How period of prescription computed &
 Romualdez v. Hon Mercado – in resolving the issue of
interrupted –for the violation of special law or
prescription of offense charged the following should be
ordinance, the period for prescription shall
considered
commence to run from the day of the commission
(1) Period of prescription of offense charged
of violation and if the same is not known, at time
(2)Time the period of prescription starts to run
from the discovery and the institution of judicial
(3) Time the prescriptive period was interrupted
proceeding for its investigation and punishment.
 Two months for the offense charged under City
Prescription shall be interrupted only by filing of
ordinance 003-2000 the complaint or information in the court and shall
 Commencement of the period shall be governed by begin to run again if the proceedings are dismissed
statute. Art 91 of RPC for reasons not constituting double jeopardy
 Art 91 of RPC (Computation of prescription of offenses
---shall commence to run from the day on which crime
is discovered by the offended party, the authorities or
their agents and shall be interrupted by the filing of
complaint or information and shall not commence to run
again when such proceedings terminate without the
accused being convicted or acquitted or are unjustifiably
stopped for any reason not imputable to him.
 Offense was committed on May 7,2003 and was
discovered by attendants of petitioner on the same day.
 Procedural rules that govern : 1991 Revised Rules on
Summary Procedure
 Sec 1B
 (1) Violation of traffic laws, rules, and regulations
 (2) Violations of rental laws
 (3) Violations of municipal or city ordinances
 Sec 11: How commenced
- Filing of criminal cases falling within the scope of this
rules shall be either by complaint or information
- Provided however that in Metropolitan Manila and in
Chartered cities, such case shall be commenced only by
information, except when offense cannot be prosecuted
de officio
 Baguio = chartered city
 Only the filing of an information tolls the
prescriptive period where crime involved is in an
ordinance
 There is no distinction between filing of
information contemplated in Rules of Criminal
Procedure and Rules on Summary Procedure
 When representatives of petitioner filed the
complaint before the provincial prosecutor of
baguio, the prescriptive period was running. It
continued to run until the filing of information

16 | A l e e z a h G e r t r u d e

II. PROSECUTION OF CRIMINAL ACTION
WHO MUST PROSECUTE THE CRIMINAL ACTION;
WHO CONTROLS THE PROSECUTION
 Criminal action is prosecuted under the direction and
control of the public prosecutor.
 This applies to a criminal action commenced either by
complaint or information (Sec 5,Rule 110 ROC)
 Even if there’s a private prosecutor, the criminal action
is still prosecuted under the direction and control of the
public prosecutor.
- Rationale –Since criminal offense is an outrage against
the sovereignty of the state, it necessarily follows that a
representative of the State shall direct and control the
prosecution thereof. The rule is also founded on the
theory that a crime is a breach of security and peace of
people at large
CONSEQUENCES OF THE RULE THAT A CRIMINAL
ACTION IS PROSECUTED UNDER THE DIRECTION
AND CONTROL OF THE PUBLIC PROSECUTOR
POWERS OF A PUBLIC PROSECUTOR (3Ds)
1. Determine whether a prima facie case exists
2. Decide which of the conflicting testimonies should
be believed free from the interference or control of
the offended party
3. Subject only to the right against self-incrimination,
determine which witnesses to present in court
- He has a wide discretion, whether, what and whom to
charge.
- GR: NOT EVEN THE SUPREME COURT can order
the prosecution of a person against whom the prosecutor
does not find sufficient evidence to support a prima facie
case.
- EX: Unmistakable showing of grave abuse of discretion
 The public prosecutor may turn over the actual
prosecution of the criminal case to the private
prosecutor
o But he may at any time, take over the actual
conduct of the trial.
 If the public prosecutor wants to ask additional
questions after the private prosecutor was done, trial
judge need not consult the private prosecutor before
granting leave to the public prosecutor.
 Violation of criminal laws is an affront to the People of
the Philippines as a whole and not merely to the person
directly prejudiced, he being merely the complaining
witness.
o Presence of a public prosecutor in the trial of
criminal cases is necessary to protect vital
state interest
 The act of allowing the presentation of defense
witnesses in the absence of complainant public
CRIMINAL PROCEDURE RIANO
NOTES
prosecutor or private prosecutor designated for the
purpose = CLEAR TRANSGRESSION OF THE
RULES WHICH WOULD NOT BE RECTIFIED BY
SUBSEQUENTLY GIVING THE PROSECUTION A
CHANCE TO CROSS-EXAMINE THE WITNESSES
PROSECUTION OF A CRIMINAL ACTION IN THE
MUNICIPAL TRIAL COURT OR MUNICIPAL CIRCUIT
TRIAL COURT
 GR: Shall also be prosecuted under the direction and
control of the prosecutor
 EX: When the prosecutor assigned is not available , the
action may be prosecuted by
1. The offended party
2. Any peace officer
3. Public officer charged with the enforcement of
the law violated
REPRESENTATION OF THE PEOPLE OF THE
PHILIPPINES BY THE OSG IN APPEALS BEFORE THE
CA OR SC
 According to jurisprudence, if there is a dismissal of a
criminal case by the TC/ if there is an acquittal of the
accused—only OSG may bring an appeal on the
criminal aspect representing the people.
o Rationale—party affected by the dismissal of
the criminal action is the People and not the
petitioners who are mere complaining
witnesses. People are deemed to be the real
parties in interest and therefore only OSG can
represent them in criminal proceedings pending
before the CA/SC.
 The complainant or the offended party may however file
an appeal without intervention of the OSG –ONLY TO
THE END OF PRESERVING HIS INTEREST IN THE
CIVIL ASPECT OF THE CASE.
 The real parties I interest in the civil aspect of a decision
are the offended party and the accused.
 The public prosecutor has generally no interest in
appealing the civil aspect of a decision acquitting the
accused.
 Acquittal ends the work of the public prosecutor
 OSG in criminal cases = appellate counsel of the people
of the Philippines.
 While private prosecutor may be allowed to intervene in
criminal proceedings on appeal in CA/SC, his
participation is subordinate to the interest of the people;
hence he cannot be permitted to adopt a position
contrary to that of the Solicitor General
EXCEPTION TO THE RULE THAT THE SOLICITOR
GENERA REPRESENTS THE PEOPLE IN THE CA/SC
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 In “all cases elevated to the Sandiganbayan and from the
Sandiganbayan to the SC, the Office of the Ombudsman,
through its special prosecutor,shall represent the People
in the Philippines except in cases filed pursuant to EO
1,2,14 and 14-A
PROSECUTION FOR VIOLATION OF SPECIAL LAWS
 Prosecuted pursuant to the provisions of said law.
 In the prosecution of special laws, the exigencies of
public service sometimes require the designation of
special prosecutors from different govt agencies to assist
the public prosecutor.
 Designation (x) detract the public prosecutor having
control and supervision over the case
WHEN A PRIVATE PROSECUTOR MAY PROSECUTE A
CASE EVEN IN THE ABSENCE OF THE PUBLIC
PROSECUTOR
 A private prosecutor may prosecute the criminal action
up to the end of trial, even in the absence of the public
prosecutor.
- If he is authorized to do so in writing
- The written authorization shall be given by either the
Chief of the Prosecution Office/ Regional State
Prosecutor.
- The written authorization must be approved by court
o Rationale for the written authorization—(a)
Public prosecutor has a heavy work schedule
(b) Lack of public prosecutors
EXTENT OF THE AUTHORITY GIVEN TO THE
PRIVATE PROSECUTOR WHEN DULY AUTHORIZED
TO PROSECUTE THE ACTION
 GR: Once authorize, the private prosecutor shall
continue to prosecute the case up to the end of trial, even
in the absence of the public prosecutor
 EX: Authority is revoked or otherwise withdrawn
III. INTERVENTION OF THE OFFENDED PARTY IN
THE PROSECUTION OF THE CRIMINAL ACTION
 Fundamental principle in Criminal Law “Every person
criminally liable for a felony is also civilly liable”
 Generally, a person convicted of a crime is criminally
and civilly liable
o Underlying legal principle : When a person
commits a crime, he offends two entities
i. The society in which he lives/the
political entity called the State, whose
law he has violated
ii. Individual member of that society
whose person, right, honor, chastity
CRIMINAL PROCEDURE RIANO
NOTES
or property was actually or directly
injured or damaged by the same
punishable act or omission
 Civil liability for crime includes : Restitution,
reparation of damages caused and indemnification for
consequential damages
 It is because of the existence of a civil liability involved
in a crime that the offended party is allowed to intervene
in the prosecution of an offense
 Sec 16, Rule 110 “where the civil action for recovery of
civil liability is instituted, the criminal action pursuant to
the Rule 111 ,the offended party may intervene by
counsel in the prosecution of the offense”
 Appointment of a private prosecutor is done by the
offended party and it is a mode by which he intervenes
in the prosecution of an offense.
- Intervention is allowed where the civil action for
recovery of civil liability arising from offense charged is
instituted in the criminal action
Offended party may not intervene the prosecution of the
offense through a private prosecutor if the offended party
1. Waives the civil action
2. Reserves the right to institute it separately
3. Institutes the civil action prior to criminal action
- Right reserved by the Rules to the offended party is that
of intervening for the sole purpose of enforcing the civil
liability born of the criminal act and not of demanding
punishment of the accused.
EFFECT OF FILING OF AN INDEPENDENT CIVIL
ACTION ON THE RIGHT OF THE OFFENDED PARTY
TO INTERVENE IN THE PROSECUTION OF THE
OFFENSE
 It does not deprive the offended party of the right to
intervene in the civil action through a private prosecutor
 There are cases where criminal action also gives rise to
AN INDEPENDENT CIVIL ACTION (Physical
injuries, fraud or defamation or when the act constituting
a crime also constitutes a quasi-delict.
 By virtue of its independent character as a distinct
source of civil liability, the filing of a suit based on a
quasi-delict theory during the pendency of criminal
proceeding, should not prevent the intervention by the
offended party in the prosecution of the offense
- There still exists a civil liability under the RPC. Ex
delicto civil liability in criminal prsecution remains, and
the offended party subject to the control of the
prosecutor –still intervene in the criminal action to
protect the remaining civil interest therein
IV. PROSECUTION OF PRIVATE CRIMES
PROSECUTION OF ADULTERY AND CONCUBINAGE
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 CRIMINAL PROCEDURE RIANO
NOTES
 Shall not be prosecuted except upon a complaint filed by  May now be commenced in court even by fiing of an
the offended spouse information BY A PUBLIC PROSECUTOR
 Prosecutor cannot prosecute the case where no
complaint is filed by the offended spouse

Illustrate case in book here: V. THE COMPLAINT AND INFORMATION

- Such rule however is not construed by the courts
literally and with pedantic rigor
- Legal requirement that a complaint be filed in court by
the offended spouse to prosecute the offense was
imposed out of consideration for the aggrieved spouse
who might prefer to suffer the outrage in silence rather
than go through the scandal of a public trial. Facts
clearly showed the desire of the offended spouse to
bring his wife and her alleged paramour to justice.
- Court should be guided by the spirit rather than the letter
of the law.
- Offense may not be instituted if the offended party
consented or has pardoned the offenders.
PROSECUTION OF SEDUCTION, ABDUCTION AND
ACTS OF LASCIVIOUSNESS
 Shall not be prosecuted except upon complaint by the
offended party or her parents, grandparents or guardian
nor, in any case, if the offender has been expressly
pardoned by them
 Pardon must be expressly made.
 However, if the offended party dies or becomes
incapacitated before she can file the complaint and she
has no known parents, grandparents or guardian
 The state shall initiate the criminal action in
her behalf
 State is the last and may do so only in the
absence of the persons mentioned in Sec 5.
Rule 110
 Offended party, even if a minor has the right to initiate
the prosecution of the offense, INDEPENDENTLY
except if she is incompentent or incapable of doing so
 Where the minor fails to initiate the prosecution of the
offense, the complaint may be filed by the minor’s
parents, grandparents or guardian
PROSECUTION FOR DEFAMATION
 Consists in the imputation of the offense of adultery,
concubinage, seduction or acts of lasciviousness
 Only the offended party may initiate the criminal action
PROSECUTION OF RAPE
 Reclassified as a crime against persons.
MEANING OF COMPLAINT
 Complaint is a sworn written statement charging a
person with an offense, subscribed by the offended
party, any peace officer or other public officer, charged
with the enforcement of law violated
 Not a mere statement
 Requirements :
1. Sworn
2. Written
3. Subscribed
 Offended party
 / Any peace officer
 /Other public officer charged with
the enforcement of the law violated
IN WHOSE NAME AND AGAINST WHOM COMPLAINT
IS FILED
 It is filed in the name of the People of the Philippines
and against all persons who appear to be responsible for
the offense involved (sec 2,Rule 110)
ROLES IN CRIMNAL PROSECUTION
PRIVATE STATE
COMPLAINANT
Witness in the Represents people OFFENDED
prosecution of the Philippines PARTY
Civil liability Criminal Liability
- Offended party may appeal civil aspect even if the
accused is acquitted in the criminal cases
MEANING OF INFORMATION
 Is an accusation in writing charging a person with an
offense subscribed by the prosecutor and filed with the
courts
 Not required to be sworn
 Only a public officer described by the Rules of Court as
prosecutor is authorized to subscribe to the information
 Filed in the name of the People of the Philippines
 Criminal prosecution primarily revolve around proving
beyond reasonable doubt the evidence of the elements of
the crime charged
 Allegations in the information is crucial to the success or
failure of a criminal prosecution.

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 CRIMINAL PROCEDURE RIANO
NOTES
COMPLAINT INFORMATION  He is presumed to have no independent knowledge of
Must be sworn (under oath) Requires no oath, merely the facts that constitute the offense
requires that the accusation  For an information to be sufficient, it must validly
be in writing
charge an offense.
- Prosecutor filing the
information is acting  Whether information validly charges an offense depends
under oath of his office on whether the material facts alleged in the complaint or
Subscribed by Subscribed by the prosecutor information shall establish the essential elements of the
1. Offended party offense charged
2. Any peace officer o The rule that evidence must be
3. Other public presented to establish the existence
officer charged
of the elements of crime to the point
with the
enforcement of law of moral certainy is only for the
violated purpose of conviction
o NO APPLICATION in the
determination of whether or not an
INFIRMITY OF SIGNATURE IN THE INFORMATION information is sufficient to warrant
the trail of the accused
 If the original information was signed and filed by one
who had no authority to sign and file the same QUESTIONING THE INSUFFICIENCY OF THE
o Dismissal of the information would NOT BAR COMPLAINT OR INFORMATION
SUBSEQUENT PROSECUTION under a
subsequent valid information - Cannot be made for the first time on appeal
o Jeopardy does not attach - Accused-appellant should move before arraignment
 Infirmity in the information such as lack of authority of either for a bill of particulars, if he wants to know the
the officer signing it, exact date of the commission of the allege offense.
o CANNOT BE CURED BY: silence, - He may also move for quashal of information if it does
acquiescence or even by express contract not conform to the prescribed form
o Ground for quashal of the information - If he fails to pursue either remedy, he is deemed to have
waived his objections to any formal defect in the
information
- Objections as to matters of forma and susbstance in the
information cannot be made for the first time on appeal
- WHERE OBJECTION IS BASED ON LACK OF
SUFFICIENTCY OF THE COMPLAINT OR JURISDICTION OVER THE SUBJECT MATTER –
INFORMATION may be raised or considered motu proprio by the court at
any stage of the proceedings or on appea
 Sufficient if it contains the following:
1. Name of the accused
o If committed by more than 1 person,
all of them shall be included in the HOW THE NATURE OF THE OFFENSE IS
complaint/information DETERMINED
2. Designation of the offense given by statute
3. Acts/omissions complained of as constituting - Not from the caption or preamble of the information or
the offense from the specification of the provisions of law alleged to
4. The name of the offended party have been violated, which are mere conclusions of law
5. Approximate date of the commission the - BUT BY THE ACTUAL RECITAL OF THE FACTS
offense IN THE COMPLAINT OR INFORMATION
6. Place where the offense is committed - Every element of the offense must be stated in the
 TEST – WHETHER THE CRIME IS DESCRIBED IN information
INTELLIGIBLE TERMS WITH SUCH  To inform the accused of the nature and
PARTICULARITY AS TO APPRISE THE ACCUSED accusation against him so as to enable him to
WITH REASONABLE CERTAINTY OF THE suitably prepare his defense
OFFENSE CHARGED TO ENABLE THE ACCUSED
TO SUITABLY PREPARE FOR HIS DEFENSE

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 CRIMINAL PROCEDURE RIANO
NOTES
 Presumption is that the accused had no
independent knowledge of the fact that
constitute the offense.
- Even if the designation of crime in the information is
defective, what is controlling is the allegation of the
facts in the information that compromises a crime and
adequately describes the nature and cause of the
accusation against the accused

DATE OF COMISSION OF THE OFFENSE

- No necessary : precise date

- Except when date of the commission is a material
element of the offense

HOW TO STATE THE NAME OF THE ACCUSED

- Section 7. Name of the accused. — The complaint

or information must state the name and surname of the
accused or any appellation or nickname by which he has
been or is known. If his name cannot be ascertained, he
must be described under a fictitious name with a
statement that his true name is unknown.
If the true name of the accused is thereafter disclosed by
him or appears in some other manner to the court, such
true name shall be inserted in the complaint or
information and record. (7a)

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