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1. What is the rule in stating the name of the accused in the information or complaint?

1. Sec. 7 of Rule 110 establishes the following rules in designating the name of the accused:
(a) 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.
(b) If his name cannot be ascertained, he must be described under a fictitious name. A
description of the accused under a fictitious name must be accompanied by a statement
that his true name is unknown.
(c) If later his true name is disclosed by him or becomes known in some other manner,
his true name shall be inserted in the complaint or information and in the records of the
case.

2. What is the rule in stating the name of the offended party who is a natural person in the
complaint or information?
The complaint or information must state the name and surname of the offended party
or any appellation or nickname by which such person has been or is known. However, if there is
no better way of identifying him, he must be described under a fictitious name. If later on, the
true name of the offended party is disclosed or ascertained, the court must cause such true
name to be inserted (Sec. 12, Rule 110, Rules of Court).

3. What is the rule in stating the name of the offended party which is a juridical person?
If the offended party is a juridical person, it is sufficient to state its name or any name or
designation by which it is known or by which it may be identified, without need of averring that
it is a juridical person or that it is organized in accordance with law (Sec. 12[c], Rule 110, Rules of
Court).

4. What is the rule if the name of the offended party is unknown in the offenses against property?
In offenses against property, if the name of the offended party is unknown, the property
must be described with such particularity as to properly identify the offense charged (Sec. 12[a],
Rule 110, Rules of Court). In Sayson v. People, G.R. No. L-51745, October 28, 1988, 166 SCRA
680, the Court ruled that in case of offenses against property, the designation of the name of
the offended party is not absolutely indispensable for as long as the criminal act charged in the
complaint or information can be properly identified (Cited in Ricarze v. Court of Appeals, G.R.
No. 160451, February 9,2007).

5. How do you designate the offense in the information or complaint?


1. It is settled that it is the allegations in the information that determine the nature of the
offense, not the technical name given by the public prosecutor in the preamble of the
Information. From a legal point of view, and in a very real sense, it is of no concern to
the accused what is the technical name of the crime of which he stands charged. It in no
way aids him in a defense on the merits. That to which his attention should be directed,
and in which he, above all things else, should be most interested, are the facts alleged.
The real question is not did he commit a crime given in the law some technical and
specific name, but did he perform the acts alleged in the body of the information in the
manner therein set forth (Matrido v. People, G.R. No. 179061, July 13,2009).

The specific acts of the accused do not have to be described in detail in the information
as it is enough that the offense be described with sufficient particularity to make sure the
accused fully understands what he is being charged with. The particularity must be such that
a person of ordinary intelligence immediately knows what the charge is. Moreover,
reasonable certainty in the statement of the crime suffices (Guy v. People, G.R. Nos.
166794-96, March 20,2009).
2. In designating the offense, the following rules must be observed:
(a) The designation of the offense requires, as a rule, that the name given to the
offense by statute must be stated in the complaint or information. If the statute
gives no designation to the offense, then reference must instead be made to the
section or 1 subsection punishing it (Sec. 8, Rule 110, Rules of Court).
(b) To be included in the complete designation of the offense is an averment of the acts
or omissions constituting the offense (Sec. 8, Rule 110, Rules of Court).
(c) The complaint or information must specify the qualifying and aggravating
circumstances of the offense (Sec. 8, Rule 110, Rules of Court; See People v. Ogarte,
G.R. No. 182690, May 30,2011 for suggested reading).

6. What is the Effect of failure to designate the offense by the statute or failure to mention the
provision violated?
1. The failure to designate the offense by the statute or to mention the specific
provision penalizing the act or an erroneous specification of the law violated does not vitiate the
information if the facts alleged clearly recite the facts constituting the crime charged (Malto v.
People, G.R. No. 164733, September 21, 2007). There is no law which requires that in order that
an accused may be convicted, the specific provision which penalizes the act charged be
mentioned in the information (Licyayo v. People, G.R. No. 169425, March 4,2008).

2. In Licyayo v. People, G.R. No. 169425, March 4,2008, the information accuses the
accused of the crime of homicide but does not categorically state that he is being charged with
homicide as defined and penalized under Article 249 of the Revised Penal Code. The accused
argues that the specification in the information of the law violated is necessary to enable him to
adequately prepare for his defense, and to convict him under such defective information would
allegedly violate his constitutional and statutory right to be informed of the nature and cause of
accusation against him. The Court ruled that the fact that the information does not specifically
mention Article 249 of the Revised Penal Code as the law which defines and penalizes homicide
does not make the information defective. There is nothing in the Rules of Court which
specifically requires that the information must state the particular law under which the accused
is charged in order for it to be considered sufficient and valid. Although the information does
not specifically mention Article 249 of the Revised Penal Code, it nonetheless narrates that the
accused stabbed the victim with a bladed weapon during the incident which caused the latter's
death. The allegations, according to the Court, unmistakably refer to homicide which is the
unlawful killing of any person other than murder, homicide or infanticide.

The Court likewise held in the same case that the sufficiency of an information is not
negated by an incomplete or defective designation of the crime in the caption or other parts of
the information but by the narration of facts and circumstances which adequately depicts a
crime and sufficiently ap-prises the accused of the nature and cause of the accusation against
him.
The Court in the case asserted that the character of the crime is determined neither by
the caption or preamble of the information nor by the specification of the provision of law
alleged to have been violated, they being conclusions of law, but by the recital of the ultimate
facts and circumstances in the information.

7. What is the Rule in the Statement of the qualifying and aggravating circumstances?
Every information must state the qualifying and the aggravating circumstances
attending the commission of the crime for them to be considered in the imposition of the
penalty. This new rule took effect on December 1, 2000, but applies retroactively to pending
cases since it is favourable to the accused.

8. What is the rule with respect to the cause of accusation in the complaint or information?
1. The allegations of facts constituting the offense charged are substantial matters and an
accused's right to question his conviction based on facts not alleged in the information
cannot be waived. No matter how conclusive and convincing the evidence of guilt may
be, an accused cannot be convicted of any offense unless it is charged in the
information on which he is tried or is necessarily included therein. To convict him of a
ground not alleged while he is concentrating his defense against the ground alleged
would plainly be unfair and underhanded. The rule is that a variance between the
allegation in the information and proof adduced during trial shall be fatal to the criminal
case if it is material and prejudicial to the accused so much so that it affects his
substantial rights (Matrido v. People, G.R. No. 179061, July 13,2009).

2. In informing the accused of the cause of accusation against him, it is not necessary to
employ the words used in the statute alleged to have been violated. It is sufficient for the
complaint or information to use ordinary and concise language sufficient to enable a person of
common understanding to know the following (Sec. 9, Rule 110, Rules of Court):
(a) The offense being charged;
(b) The acts or omissions complained of as constituting the offense; and
(c) The qualifying and aggravating circumstances.

9. What is the Rule on Duplicity of the offense?


1. The general rule is that a complaint or information must charge only one offense. More than
one offense may however, be charged when the law prescribes a single punishment for
various offenses (Sec. 13, Rule 110, Rules of Court).
2. An objection must be timely interposed whenever a complaint or information charges more
than one offense. Failure of the accused to interpose an objection on the ground of duplicity
of the offenses charged in the information constitutes waiver (People v. Tabio, G.R. No.
179477, February 6,2008).

10. What is the purpose of the rule against duplicity?


1. The reason behind this rule prohibiting duplicitous complaints or information is to give the
accused the necessary knowledge of the charge against him and enable him to sufficiently
prepare for his defense.

11. Is the rule against duplicity absolute? Exception to the rule against duplicity?
1. A complaint or information may contain two or more offenses when the law prescribes a
single punishment for various offenses as in complex and compound crimes treated under
Article 48 of the Revise Penal Code.

12. What is the effect of waiver of duplicity of the offense?


1. Duplicity of the offense is a ground for a motion to quash. Should the information be
defective because of duplicity, an objection must be timely interposed by the accused
before trial; otherwise, he is deemed to have waived said defect. Consequently, the court
may convict him for as many offenses as are charged and proved, and impose on him the
penalty for each offense.
13. What is the rule on venue of criminal actions?
1. As a rule, the criminal action shall be instituted and tried in the court of the municipality or
territory (a) where the offense was committed, or (b) where any of its essential ingredients
occurred. This rule is however, subject to existing laws (Sec. 15[a], Rule 110, Rules of Court).
2. Following the above rule, if the crime of murder was committed in Manila, it is in the proper
court Manila in which the criminal action shall be instituted and tried, not elsewhere. If
robbery was committed in Quezon City, it is in the proper court of Quezon City in which the
action shall be instituted and tried.

14. What is the rule on venue as an element of criminal jurisdiction?


1. One fundamental principle in criminal procedure is that a court cannot exercise jurisdiction
over a person charged with an offense committed outside its limited territory. This is
because venue in a criminal case is a jurisdictional matter. It is an element of jurisdiction.
Thus, the Rules require that the complaint or information, to be deemed sufficient, should
state the place where the offense was committed.

15. What is the Rule where offense is committed in a train, aircraft or vehicle?
1. Where an offense is committed in a train, aircraft, or vehicle, whether public or private, the
criminal action shall be instituted and tried in the court of any municipality or territory
where such train, aircraft, or other vehicle passed during its trip, including the place of its
departure and arrival. Note that this rule applies when the offense is committed in the
course of the trip of the train, aircraft or vehicle (Sec. 15[b], Rule 110, Rules of Court).

16. What is the Rule where offense is committed on board a vessel?


1. Where an offense is committed on board a vessel, the criminal action shall be instituted and
tried in (a) the court of the first port of entry, or (b) of the municipality or territory where
the vessel passed during its voyage. This rule applies when the offense is committed during
the voyage of the vessel and is subject to the generally accepted principles of international
law (Sec. 15[c], Rule 110, Rules of Court).

17. What is the Rule when the offense is covered by Art. 2 of the Revised Penal Code?
1. Crimes committed outside the Philippines but punishable under Art. 2 of the Revised Penal
Code shall be cognizable by the court where the criminal action is first filed (Sec. 15[d], Rule
110, Rules of Court).

18. How to state the place of the commission of the offense?


1. The statement of the place of commission of an offense is sufficient if it can be understood
from the allegations of the complaint or information that the offense was committed or
some of its essential elements occurred at some place within the jurisdiction of the court
(Sec. 10, Rule 110, Rules of Court). Where the particular place where the offense was
committed is however, an essential element of the offense or is necessary for its
identification, it is implied from the rule that the description of the place of commission of
the offense must be specific.
CHAPTER II
AMENDMENT OR SUBSTITUTION OF THE COMPLAINT OR INFORMATION

19. What is amendment of information or complaint?


It is the correction of an error or an omission in a complaint or information.

20. Amendment of the information or complaint before plea; no need for leave (Bar 2001; 2002)
1. If the amendment is made before the accused enters his plea, the complaint or information
may be amended in form or in substance, without the need for leave of court (Sec. 14, Rule
110, Rules of Court).
21. When leave of court is required even if the amendment is made before plea?
1. Leave of court is required even if made before plea if:
(a) The amendment downgrades the nature of the offense charged, or
(b) The amendment excludes any accused from the complaint or information (Sec. 14,
Rule 110, and Rules of Court).
2. Aside from leave of court, the above amendments require a motion by the prosecutor, with
notice to the offended party (Sec. 14, Rule 110, Rules of Court).
3. The court is mandated by the rule to state its reasons in resolving the motion of the
prosecutor and to furnish all parties, especially the offended party, of copies of its order (Sec.
14, Rule 110, Rules of Court).

22. What is the Rule as to amendment made after the plea of the accused?
1. If the amendment is made after the plea of the accused and during the trial, any formal
amendment may only be made under two conditions, namely:
(a) Leave of court must be secured; and
(b) The amendment does not cause prejudice to the rights of the accused (Sec. 14, Rule 110,
Rules of Court). Since the rule makes reference only to a formal amendment after the plea,
the phraseology of the rule seems to indicate that an amendment in substance is, as a rule,
clearly not allowed at this stage.
2. In a case, however, the Court held that before the accused enters his plea, a formal or
substantial amendment of the complaint or information may be made without leave of
court. After the entry of plea, only a formal amendment may be made but with leave of
court and if it does not prejudice the rights of the accused. After arraignment, a substantial
amendment is proscribed except if the same is beneficial to the accused (Ricarze v. Court of
Appeals, G.R. No. 160451, February 9,2007 citing Matalam v. Sandiganbayan, 455 SCRA
736).
23. When an amendment is formal or substantial?
Thus, it has been held that the test as to whether a defendant is prejudiced by the
amendment is whether a defense under the information as it originally stood would be available
after the amendment is made, and whether any evidence defendant might have would be
equally applicable to the information in the one form as in the other. An amendment to an
information which does not change the nature of the crime alleged therein does not affect the
essence of the offense or cause surprise or deprive the accused of an opportunity to meet the
new averment had each been held to be one of form and not of substance. Thus, the
substitution of the private complainant is not a substantial amendment where the substitution
did not alter the basis of the charge in both informations, nor did it result in any prejudice to the
other party. More so if the documentary evidences involved in the case remained the same, and
all are available to the other party before trial (Ricarze v. Court of Appeals, G.R. No. 160451,
February 9,2007).

24. What is Substitution of complaint or information?


A complaint or information may be substituted if it appears at any time before judgment
that a mistake has been made in charging the proper offense. In such a case, the court shall
dismiss the original complaint or information once the new one charging the proper offense is
filed provided the accused will not be placed in double jeopardy. (Sec. 14, Rule 110, Rules of
Court).
25. What is the Distinction between substitution and amendment?
1. Amendment may involve either formal or substantial changes, while substitution necessarily
involves a substantial change from the original charge;
2. Amendment before plea has been entered can be effected without leave of court, but
substitution of information must be with leave of court as the original information has to be
dismissed;
3. Where the amendment is only as to form, there is no need for another preliminary
investigation and the retaking of the plea of the accused; in substitution of information, another
preliminary investigation is entailed and the accused has to plead anew to the new information;
and
4. An amended information refers to the same offense charged in the original information or to
an offense which necessarily includes or is necessarily included in the original charge, hence
substantial amendments to the information after the plea has been taken cannot be made over
the objection of the accused, for if the original information would be withdrawn, the accused
could invoke double jeopardy. On the other hand, substitution requires or presupposes that the
new information involves a different offense which does not include or is not necessarily
included in the original charge, hence the accused cannot claim double jeopardy.

CHAPTER III
PROSECUTION OF CIVIL ACTION
(RULE 111)

26. What is the rule on implied institution of the civil action with the criminal action?
When a criminal action is instituted, the civil action for the recovery of the civil liability
arising from the offense charged shall be deemed instituted with the criminal action (Sec. 1 [a],
Rule 111, Rules of Court). The reason for the implied institution of the criminal action is the
principle that every person criminally liable for a felony is also civilly liable (Article 100, Revised
Penal Code).

27. What are the purposes of the criminal and civil actions?
The prime purpose of the criminal action is to punish the offender in order to deter him
and others from committing the same or similar offense, to isolate him from society, reform and
rehabilitate him or, in general, to maintain social order. On the other hand, the sole purpose of
the civil action is for the resolution, reparation or indemnification of the private offended party
for the damage or injury he sustained by reason of the delictual or felonious act of the accused.
The sole purpose of the civil action is for the resolution, reparation or indemnification of the
private offended party for the damage or injury he sustained by reason of the delictual or
felonious act of the accused (Ricarze v. Court of Appeals, G.R. No. 160451, February 9,2007).

28. What is the Rule on the intervention of the offended party?


Since the offended party suffered injury as a result of the offense, he may intervene by
counsel in the prosecution of the offense where the civil action for the recovery of the civil
liability is instituted in the criminal action.
29. What does Judgment of conviction includes a judgment on the civil liability mean?
Because of the rule that the civil action is impliedly instituted with the criminal action,
the trial court should, in case of conviction, state the civil liability or damages caused by the
wrongful act or omission to be recovered from the accused by the offended party, if there is any
and if the filing of the civil action has not been reserved, previously instituted or waived (Hun
Hyung Park v. Eun Wong Choi, G.R. No. 165496, February 12,2007).

30. Who are the real parties in interest are in the civil aspect of the case?
The real parties in interest in the civil aspect of a decision are the offended party and
the accused. Hence, either the offended party or the accused may appeal the civil aspect of the
judgment despite the acquittal of the accused. The public prosecutor generally has no interest in
appealing the civil aspect of a decision acquitting the accused. The acquittal ends his work. The
case is terminated as far as he is concerned (Hun Hyung Park v. Eun Wong Choi, G.R. No.
165496, February 12, 2007).
31. What rule shall govern with respect to civil aspect arising from the crime?
One of the issues in a criminal case being the civil liability of the accused arising from
the crime, the governing law is the Rules of Criminal Procedure, not the Rules of Civil Procedure
which pertains to a civil action arising from the initiatory pleading that gives rise to the suit (Hun
Hyung Park v. Eun Wong Choi, G.R. No. 165496, February 12,2007).

32. When a civil action may proceed independently; State the rule on independent civil actions and
quasi-delicts?
The 2000 Rules of Criminal Procedure has clarified what civil actions are deemed
instituted in a criminal prosecution. Under the Rules, only the civil liability of the accused arising
from the crime charged is deemed included in a criminal action. Thus, the civil actions referred
to in Articles 32,33, 34 and 2176 of the Civil Code shall remain "separate, distinct and
independent" of any criminal prosecution which may be based on the same act (Philippine
Rabbit Bus Lines, Inc. v. People, G.R. No. 147703, April 14,2004).

33. What are the Consequences of the independent character of actions under Articles 32, 33, 34
and 2176 of the Civil Code?
The following are some of the consequences of the separate and distinct character of civil
actions arising not from the offense charged but from Articles 32,33,34 and 2176 of the Civil
Code:
1. The right to bring the civil action shall proceed independently of the criminal action (Sec. 3,
Rule 111, of Court) and regardless of the results of the latter (Article 31, Civil Code of the
Philippines).

2. The quantum of evidence required is preponderance of evidence (Sec. 3, Rule 111, Rules
of Court).

3. (a) The right to bring the foregoing actions based on the Civil Code need not be reserved
in the criminal prosecution, since they are not deemed included therein.

(b) The institution or the waiver of the right to file a separate civil action arising from the
crime charged does not extinguish the right to bring an independent civil action.

(c) Even if a civil action is filed separately, the ex delicto civil liability in the criminal
prosecution remains, and the offended party may — subject to the control of the
prosecutor — still intervene in the criminal action, in order to protect the remaining civil
interest therein (See also Philippine Rabbit Bus Lines, Inc. v. People, G.R. No. 147703,
April 14,2004).
34. When there is no implied institution of the civil action?
1. There is no implied institution of the civil action to recover civil liability arising from the
offense charged in any of the following instances:
(a) When the offended party waives the civil action;
(b) When the offended party reserves the right to institute the civil action separately; or
(c) When the offended party institutes the civil action prior to the criminal action (Sec. 1
[a], Rule 111, Rules of Court).
The above rule has no application to independent civil actions under Articles 32, 33, 34
and 2176 of the Civil Code.
2. When a criminal action is instituted, the civil action for the recovery of civil liability arising
from the offense charged shall be deemed instituted with the criminal action. Hence, it is
correct to argue that there being no reservation, waiver, nor prior institution of the civil
aspect of the criminal case, it follows that the civil case arising from grave threats is deemed
instituted with the criminal action and, hence, the private prosecutor may rightfully
intervene to prosecute the civil aspect (Cruz v. Mina, G.R. No. 154207, April 27,2007).

35. What is the rule on Reservation of the civil action?


If the offended party desires to reserve the right to institute the civil action after the
criminal action has been instituted, the reservation shall be made before the prosecution starts
presenting its evidence. The reservation is to be made under circumstances that would afford
the offended party a reasonable opportunity to make such reservation (Sec. l[a], Rule 111, Rules
of Court).

36. When No reservation of the civil action in Batas Pambansa Big. 22?
1. While the rule allows the offended party to reserve the right to institute the civil
action, such right does not apply to a prosecution of a criminal action for violation of Batas
Pambansa Big. 22, which is the law on bouncing checks. The criminal action in this case shall be
deemed to include the corresponding civil action. No reservation to file such civil action
separately shall be allowed. Upon the filing of the joint and civil actions, the offended party shall
pay in full the filing fees based on the amount of the check involved. This amount shall also be
considered as the actual damages claimed (Sec. l[b], Rule 111, Rules of Court). It should be
observed that what the rule prohibits is the filing of a reservation to file the civil action arising
from Batas Pambansa Big 22. It does not prohibit the waiver of the civil action or the institution
of the civil action prior to the criminal action.
2. Even under the amended rules, a separate proceeding for the recovery of civil liability
in cases of violation of Batas Pambansa Big. 22 is allowed when the civil case is filed ahead of the
criminal case (Lo Bun Tiong v. Balboa, G.R. No. 158177, January 28, 2008).

37. When the separate civil action is suspended?


1. After the criminal action is commenced, the separate civil action arising therefrom cannot
be instituted until final judgment has been entered in the criminal action (Sec. 2, Rule 111,
Rules of Court). The rule indicates that preference is given to the resolution of the criminal
action.
2. It is submitted that even if the right to institute the civil action separately has been reserved,
the separate civil action cannot however, be instituted until final judgment has been
entered in the criminal action previously instituted.
Also, if the civil action was commenced before the institution of the criminal action, the
civil action shall be suspended in whatever stage it may be found before judgment on the
merits, once the criminal action is filed. The suspension shall last until final judgment is
rendered in the criminal action (Sec. 2, Rule 111, Rules of Court). This rule however, does
not apply to independent civil actions discussed earlier and covers only civil actions arising
from the offense charged.

38. What is the rule on Consolidation of the civil action with the criminal action?
1. It is clear that the above rule, as it stands, gives precedence to the resolution of the criminal
action and will necessarily result in a delay in the disposition of the civil action which may
have been already filed or of the action the right to the filing of which has been reserved.
However, the rule also affords a remedy to avoid such a delay. The offended party may
move for the consolidation of the civil action with the criminal action in the court trying the
criminal action. The motion for consolidation by the offended party is to be filed before
judgment on the merits is rendered in the civil action. The consolidated criminal and civil
actions shall be tried and decided jointly (Sec. 2, Rule 111, Rules of Court).
2. If the civil action was commenced ahead of the criminal action and evidence had already
been adduced in the civil action even before the institution of the criminal action, the
evidence so adduced shall be deemed automatically reproduced in the criminal action
without prejudice to the right to cross- examine the witnesses presented by the offended
party in the criminal case. The consolidation shall not likewise prejudice the right of the
parties to present additional evidence (Sec. 2, Rule 111, Rules of Court)

39. What is the rule on Suspension of the period of prescription?


Where there is no consolidation of the civil action with the criminal action and the civil
action is suspended or the civil action cannot be instituted separately until after final judgment
is rendered in the criminal action, the prescriptive period of the civil action shall be tolled during
the pendency of the criminal action (Sec. 2, Rule 111, Rules of Court).

40. When no reservation is required; when civil action is not suspended?


1. 1. When the act constituting a crime is at the same time a violation of Articles 32, 33, 34,
and 2176 of the Civil Code, there is no need to reserve the filing of a separate civil action.
The civil actions under the said articles do not arise from the offense but from violations of
specific provisions of the Civil Code. Specific attention need be given to the tenor of Sec. 1 of
Rule 111. Under said rule, only the civil action arising from the offense charged shall be
deemed instituted with the criminal action. Actions based on Articles 32,33, and 34 arise
from the law and are commonly called 'independent civil actions' while those based on
Article 2176 arise from quasi-delicts. They do not arise from the offense or crime charged
and hence, are not deemed instituted with the filing of the criminal action. Article 1156 of
the Civil Code considers law' and 'quasi- delicts' as sources of obligations separate and
distinct from a crime (acts or omissions punished by law). Under Article 31 of the Civil Code,
"when the civil action is based on an obligation not arising from the act or omission
complained of as a felony, such civil action may proceed independently of the criminal
proceedings and regardless of the result of the latter."
2. Article 31 of the Civil Code is reinforced by the Rules of Court, thus:
"In the cases provided in Articles 32,33,34 and 2176 of the Civil Code of the Philippines, the
independent civil action may be brought by the offended party. It shall proceed
independently of the criminal action... In no case, however, may the offended party recover
damages twice for the same act or omission charged in the criminal action" (Sec. 3, Rule
111, Rules of Court).
3. Article 31 of the Civil Code as well as Sec. 3 of Rule 111 of the Rules of Court both support
the conclusion that the civil actions based on Articles 32, 33, 34 and 2176 of the Civil Code
of the Philippines are not suspended by the commencement of the criminal action because
they may proceed independently of the criminal proceedings.
41. What are rules on counterclaim, cross-claim, third-party claim in a criminal action?
1. A court cannot entertain counterclaims, cross-claims and third party complaints in the
criminal action. A criminal case is not the proper proceedings to determine the private
complainant's civil liability. A court trying a criminal case is limited to determining the guilt
of the accused, and if proper, to determine his civil liability. It cannot award damages in
favor of the accused (Maccay v. Nobela, 454 SCRA 504).

2. The rule is explicit:


“No counterclaim, cross-claim or third-party complaint may be filed by the accused in the
criminal case, but any cause of action which could have been the subject thereof may be
litigated in a separate civil action (Sec.l[a], Rule 111, Rules of Court).

42. What are the Rules on filing fees?


Filing fees apply when damages are being claimed by the offended party. The following
summarizes the rule on filing fees:
(a) There are no filing fees required for actual damages claimed (Sec. l[a], Rule 111)
unless required by the Rules. Examples: In Batas Pambansa Big. 22 cases, the filing
fees shall be paid based on the amount of the check and shall be paid in full ("Sec.
l[b], Rule 111, Rules of Court); In estafa cases, the filing fees shall be paid based on
the amount involved (Sec. 21[a], AM. No. 04-2-04, August 16,2004).

(b) Filing fees shall be paid by the offended party upon the filing of the criminal action
in court where he seeks for the enforcement of the civil liability of the accused by
way of moral, nominal, temperate or exemplary damages but other than actual
damages, and where the amount of such damages is specified in the complaint or
information. If the amount is not specified in the complaint or information but, any
of the damages is subsequently awarded, the filing fees assessed in accordance with
the Rules, shall constitute a first lien on the judgment awarding such damages (Sec.
l[a], Rule 111, Rules of Court).

43. What is the Effect of death of the accused on the civil action?
1. If the accused dies after arraignment and during the pendency of the criminal action, the
civil liability of the accused arising from the crime is extinguished but the independent civil
actions mentioned in Sec. 3 of Rule 111 and civil liabilities arising from other sources of
obligation may be continued against the estate or legal representative of the accused after
proper substitution or against the estate as the case may be. The heirs of the accused may
be substituted for the deceased without requiring the appointment of an executor or
administrator and the court may appoint a guardian ad litem for the minor heirs (Sec. 4,
Rule 111, Rules of Court). The court shall forthwith order the legal representative or
representatives to appear and be substituted within a period of thirty (30) days from notice
(Sec. 4, Rule 111, Rules of Court).
2. If the accused dies before arraignment, the case shall be dismissed but the offended party
may file the proper civil action against the estate of the deceased (Sec. 4, Rule 111, Rules of
Court).
3. The Court in ABS-CBN Broadcasting Corporation v. Ombudsman (G.R. No. 133347, October
15, 2008), on the basis of existing jurisprudence like People v. Bayotas (G.R. No. 102007,
September 2,1994), reiterated some rules which may be summarized as follows:
(a) The death of the accused prior to final judgment terminates his criminal liability and only
the civil liability directly arising from and based solely on the offense committed, i.e., civil
liability "ex delicto in senso strictio- re." But the claim for civil liability predicated on a source
of obligation other than a delict survives notwithstanding the death of the accused. This
source of obligation may be from law, contract, quasi-contract or quasi-delict. In other
words, the civil liability based solely on the criminal action is the one that is extinguished.
(b) Where the civil liability survives, an action for recovery therefore may be pursued but
only by way of filing a separate civil action.The separate civil action may be enforced either
against the executor/administrator or the estate of the accused, depending on the source of
obligation upon which the same is based (ABS-CBN Broad-casting Corporation v.
Ombudsman, G.R. No. 133347, October 15,2008).

4. The death of the accused during the pendency of his appeal with the Supreme Court totally
extinguished his criminal liability. Such extinction is based on Article 89 of the Revised Penal
Code. The death of the accused likewise extinguished the civil liability that was based exclusively
on the crime for which the accused was convicted {i.e., ex delicto), because no final judgment of
conviction was yet rendered by the time of his death. Only civil liability predicated on a source
of obligation other than the delict survived the death of the accused, which the offended party
can recover by means of a separate civil action. Thus, the death of the accused pending appeal
of his conviction extinguishes his criminal liability and the civil liability based solely thereon.

44. What is the rule on novation as mode of extinguishing criminal liability?


It is best to emphasize that "novation is not one of the grounds prescribed by the
Revised Penal Code for the extinguishment of criminal liability." In la catena of cases, it was
ruled that criminal liability for estafa is not affected by a compromise or novation of contract.
The crime of estafa, reimbursement or belated payment to the offended party of the money
swindled by the accused does not extinguish the criminal liability of the latter. Also, "criminal
liability for estafa is not affected by compromise or novation of contract, for it is a public offense
which must be prosecuted and punished by the Government on its own motion even though
complete reparation should have been made of the damage suffered by the offended party." In
estafa, reimbursement of or compromise as to the amount misappropriated after the
commission of the crime affects only the civil liability of the offender, and not his criminal
liability.

45. What is the Effect of acquittal or the extinction of the penal action on the civil action or civil
liability?
1. The extinction of the penal action does not carry with it the extinction of the civil action.
However, the civil action based on delict may be deemed extinguished if there is a finding in
a final judgment in the criminal action that the act or omission from which the civil liability
may arise did not exist (Sec. 2, Rule 111, Rules of Court). The civil action based on delict
may, however, be deemed extinguished if there is a finding on the final judgment in the
criminal action that the act or omission from which the civil liability may arise did not exist
(Hun Hyung Park v. Eung Wong Choi, G.R. No. 165496, February 12, 2007).
2. In case of acquittal, the accused may still be adjudged civilly liable. The extinction of the
penal action does not carry with it the extinction of the civil action where (a) the acquittal is
based on reasonable doubt as only preponderance of evidence is required; (b) the court
declares that the liability of the accused is only civil; and (c) the civil liability of the accused
does not arise from or is not based upon the crime of which the accused was acquitted. The
civil liability is not extinguished by acquittal where such acquitted is based on lack of proof
beyond reasonable doubt, since only preponderance of evidence is required in civil cases
(Ching v. Nicdao, 522 SCRA 316, April 27, 2007; Box v. People, 532 SCRA 284, September 5,
2007).
3. Similarly, it was again held that when the trial court acquits the accused or dismisses the
case on the ground of lack of evidence to prove the guilt of the accused beyond reasonable
doubt, the civil action is not automatically extinguished since liability under such an action
can be determined based on mere preponderance of evidence. The offended party may peel
off from the terminated criminal action and appeal from the implied dismissal of his claim
for civil liability (Heirs of Sarah Marie Palma Burgos, G.R. No 169711, February 8,2010).
4. Thus, under Section 2 of Rule 120, of the Rules of Court, a trial court, in case of acquittal of
an accused, is to state whether the prosecution absolutely failed to prove his (accused) guilt
or merely failed to prove his guilt beyond reasonable doubt, and in either case, it shall
determine if the act or omission from which the civil liability might arise did not exist. If after
a perusal of the decision of the trial court it shows that it found that the acts or omissions
from which the civil liability of respondents might arise did not exist, there is no basis to
award any civil liability to the private complainants (Ramon Garces v. Simplicio Hernandez,
et al., G.R. No. 180761, August 18, 2010).

46. What is the Effect of payment of the civil liability?


Payment of civil liability does not extinguish criminal liability (Cabieo v. Dimaculangan-
Querijero, 522 SCRA 300, April 27, 2007). While there may be a compromise upon the civil
liability arising from the offense, such compromise shall not extinguish the public action for the
imposition of the legal penalty (Art. 2034, Civil Code of the Philippines).

47. What is theEffect of judgment in the civil case absolving the defendant?
A final judgment rendered in a civil action absolving a defendant from civil liability is not
a bar to a criminal action against the defendant for the same act or omission subject of the civil
action (Sec. 5, Rule 111, Rules of Court).

48. What is the rule on Subsidiary liability of employer?


The provisions of the Revised Penal Code on subsidiary liability are deemed written into
the judgments in cases to which they apply. Thus, in the dispositive portion of its decision, the
trial court need not expressly pronounce the subsidiary liability of the employer. Nonetheless,
before the employers' subsidiary liability is enforced, adequate evidence must exist establishing
that (1) they are indeed the employers of the convicted employees; (2) they are engaged in
some kind of industry; (3) the crime was committed by the employees in the discharge of their
duties; and (4) the execution against the lat-ter has not been satisfied due to insolvency. These
conditions may be determined in the same criminal action in which the employee's liability,
criminal and civil, has been pronounced, in a hearing set for that precise purpose, with due
notice to the employer, as part of the proceedings for the execution of the judgment (Rolito
Calang and Philtranco Service Enterprises Inc. v. People, G.R. No. 190696, August 3,2010).

49. What is the concept of a prejudicial question?


A prejudicial question is an issue involved in a civil case which is similar or intimately
related to the issue raised in the criminal action, the resolution of which determines whether or
not the criminal action may proceed. To constitute a prejudicial question, the rule also requires,
aside from the related issues, that the civil action be instituted previously or ahead of the
criminal action (Sec. 7, Rule 111, Rules of Court).

50. What is the reason behind the principle?


The reason behind the principle of a prejudicial question is to avoid two conflicting
decisions in the civil case and in the criminal case (Jose v. Suarez, 556 SCRA 773; Sy Thiong Siou
v. Sy Chim, G.R. No. 174168, March 30,2009).

51. What are the requisite of prejudicial question?


(1) The civil case involves facts intimately related to those upon which the criminal prosecution
would be based;
(2) In the resolution of the issue or issues raised in the civil action, the guilt or innocence of the
accused would necessarily be determined; and
(3) Jurisdiction to try said question must be lodged in another tribunal.

52. What are the instances when prejudicial question may not be invoked?
1. Both cases are criminal;
2. Both case are civil;
3. One case is administrative and the other is civil; and
4. One case is administrative and the other is criminal.

53. What is the effect of the existence of prejudicial question in a criminal case?
A petition for the suspension of the criminal action based upon the pendency of a
prejudicial question in a civil action may be filed (Sec. 6, Rule 111, Rules of Court). Under the
clear terms of Sec. 6, it is worth remembering that the rule requires the filing of a petition
before the suspension of the criminal action. The rule therefore, as it appears, precludes a motu
proprio suspension of the criminal action.

54. Does the suspension as a result of the existence of prejudicial question includes dismissal of
the case?
The rule authorizing the suspension of the criminal case does not prescribe the dismissal
of the criminal action. It only authorizes its suspension. The suspension shall be made upon the
filing of a petition for suspension.

55. Where do you file a petition for suspension by reason of prejudicial question?
1. The filing for a petition for suspension does not require that the criminal case be already
filed in court. It is sufficient that the case be in the stage of preliminary investigation as long
as there has already been a previously instituted civil case. Also, the petition for suspension
is not to be filed in the civil case but in the criminal case.
2. The rule provides therefore, that a petition for the suspension of the criminal action may be
filed in the office of the prosecutor conducting the preliminary investigation. When the
criminal action has been filed in court for trial, the petition to suspend shall be filed in the
same criminal action at any time before the prosecution rests (Sec. 6, Rule 111, Rules of
Court).