III.
2000 Rules on Criminal Procedure
A. Prosecution of Offenses
1. Criminal actions, how instituted (Sec.1)
 PI is required  complaint with the proper officer
for PI
 All other offenses  complaint directly with the
MTC or MCTC or the office of the prosecutor
*those that require PI are offenses punishable by
imprisonment of at least 4y2m1d
*Sec. 2 Complaint – 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 the law violated
People v Bautista, G.R. No. 168641, April 27, 2007, 522
SCRA 742
SEC v. Interport Resources Corp., G.R. No. 135808,
October 6, 2008, 567 SCRA 354
2. Who may file them; crimes that cannot be
prosecuted de officio
Who may file:
 The offended party
 Any peace officer
 other public officer charged with the enforcement
of the law violated (provincial fiscal is not included)
 Unless the offense subject if one that cannot be
prosecuted de oficio, any competent person may
file a complaint for preliminary investigation
 Private persons may denounce a violation of
banking laws (complaint with the fiscal prior to a
judicial action)
 Criminal action va
Salazar v. People, G.R. No. 149472, October 15, 2002
Ebarle v. Judge Sucaldito, G.R. No. L-33628, December
29, 1987; Soriano v. Judge Casanova, G.R. No. 163400,
March 31, 2006; Tabayan v. People, G.R. No. 150194,
March 6, 2007; Francisco v. People, G.R. No. 177720,
February 18, 2009
3. Criminal actions, when enjoined
D.M. Consunji Inc. v. Esguerra, G.R. No. 118590, July 30,
1996
4. Control of prosecution
Pinote v. Ayco, A.M. No. RTJ-05-1944, December 13,
2005, 477 SCRA 409
Bangayan Jr. v. Bangayan, G.R. No. 172777, October 19,
2011, 659 SCRA 2011
Fenequito v. Vergara Jr., G.R. No. 172829, July 18, 2012
Jimenez v. Judge Sorongon, G.R. No. 178607, December
5, 2012
Merciales v. Court of Appeals, G.R. No. 124171, March 18,
2002
People v. Court of Appeals, G.R. No. 183652, February 25,
2015
People v. Sandiganbayan (Perez), G.R. No. 188165 &
189063, December 11, 2013
5. Sufficiency of Complaint or Information
Lazarte v. Sandiganbayan, G.R. No. 180122, March 13,
2009, 581 SCRA 431
Quimvel v. People, G.R. No. 214497, April18, 2017
People v. Bayabos, G.R. No. 171222, February 18, 2015
People v. Sandiganbayan (Castillo), G.R. No. 160619,
September 9, 2015
6. Designation of Offense
Information must allege the qualifying and aggravating
circumstances: People vs. Avendaño, G.R. No. 137407,
January 28, 2003
People v. Valdez, G.R. No. 175602, January 18, 2012, 663
SCRA 272
Miguel v. Sandiganbayan, G.R. No. 172035, July 4, 2012
People v. Soria, G.R. No. 179031, November 14, 2012
7. Cause of the Accusation
Precision in language: People v. Cilot, G.R. No. 208410,
October 19, 2016; Mustang Lumber Inc. v. Court of
Appeals, G.R. No. 104988, June 18, 1996; Canceran v.
People, G.R. No. 206442, July 1, 2015
8. Duplicity of the Offense; Exception
People v. Jugueta, G.R. No. 202124, April 5, 2016
Ivler v. Judge San Pedro, G.R. No. 172716, November 17,
2010, 635 SCRA 191
9. Amendment or Substitution of complaint
or information
Galvez v. Court of Appeals, G.R. No. 114046, October
24, 1994
Teehankee v. Madayag, G.R. No. 103102, March
6, 1992
Matalam v. The Second Division of the Sandiganbayan,
G.R. No. 165751, April 12, 2005, 455 SCRA 736
Soberano v. People, G.R. No. 154629, October 5, 2005,
472 SCRA 125
Braza v. Sandiganbayan, G.R. No. 195032, February 20,
2013
10. Venue of criminal actions
Union Bank of the Philippines v. People, G.R. No. 192565,
February 28, 2012, 667 SCRA 113
a. Change of venue in criminal cases
Art. VIII, Sec. 5 (4), 1987 Constitution
People v. Grey, G.R. No. 180109, July 26, 2010
b. Venue in VAWC cases
11. Intervention of offended party
Alonte v. Savellano Jr., G.R. No. 131652, March 9, 1998,
287 SCRA
 Tan, Jr. v. Gallardo, G.R. Nos. L-41213-14, October 5, Remedy of private offended party on civil aspect of the
1976, 73 SCRA 306 criminal case: Garces v. Hernandez Jr., G.R. No. 180761,
Chua v. Court of Appeals, G.R. No. 150793, November 19, August 9, 2010, 627 SCRA 366
2004, 443 SCRA 259 Damages in case of death: People v. Jugueta; See People
Lee Pue Liong v. Chua Pue Chin Lee, G.R. No. 181658, v. Halil Gambao, G.R. No. 172707, October 1, 2013
August 7, 2013 Actual or compensatory damages: People v. Wahiman,
Ramiscal v. Sandiganbayan, G.R. No. 140576-99, G.R. No. 200942, June 16, 2015
December 13, 2004 Temperate damages in lieu of actual damages: People v.
Neptune Metal Scrap Recycling Inc. v. Meralco and Abrazaldo, G.R. No. 124392, February 7, 2003
People, G.R. No. 204222, July 4, 2016 – intervention of a Several accused with varying participation: People v.
third party in a criminal case Gambao
12. Role of the Public Prosecutor in the prosecution of Calang v. People, G.R. No. 190696, August 3, 2010, 626
offenses SCRA 679
Guidelines on the Role of Prosecutors adopted by the Solidum v. People, G.R No. 192123, March 10, 2014, 718
Eighth UN Congress on the Prevention of Crime and SCRA 263
Treatment of Offenders in Havana, Cuba (1990) 2. When civil action may proceed
RA 10071 (Prosecution Service Act of 2010) independently
13. Role of the Office of the Solicitor General in the Maniago v. Court of Appeals, G.R. No. 104392, February
prosecution of offenses 20, 1996, 253 SCRA 674; Casapunan v. Laroya, G.R. No.
Ong v. Genio, G.R. No. 182336, December 23, 2009 145391, August 26, 2002, 388 SCRA 28
With the conformity of the public prosecutor: People v. Distinction between civil action ex delicto and an
Montesa, Jr., G.R. No. 114302, September 29, 1995 independent civil action: Lim v. Kou Co Ping, G.R. No.
People v. Piccio, G.R. No. 193681, August 6, 2014 175256, August 23, 2012
Can the OSG maintain a contrary position and recommend 3. When separate civil action is suspended
the acquittal of the accused? People v. Dogaojo, G.R. Nos. 4. Effect of the death of accused or convict
137834-40, December 3, 2001 on civil action
Comelec v. Court of Appeals, G.R. No. 108120, January De Guzman vs. People, G.R. No. 154579, October 8, 2003
26, 1994 People v. Bayotas, G.R. No. 102007, September 2, 1994,
Rule on notice of appeal or petitions before the CA or SC: 236 SCRA 239; People v. Lipata, G.R. No. 200302, April
Cajipe v. People, G.R. No. 203605, April 23, 2014 20, 2016
14. Office of the Ombudsman People v. Paras, G.R. No. 192912, October 22, 2014
Article XI, 1987 Constitution Respicio v. People, G.R. Nos. 178701 and 178754, June
RA 6770 6, 2011, 650 SCRA 573; March 11, 2015 Resolution
15. Office of the Special Prosecutor Liability of an employer in a criminal case: Calang v.
RA 6770, Sec. 11 People, G.R. No. 190696, August 3, 2010; Philippine
Gonzales III v. Office of the President, G.R. No. 196231, Rabbit Bus v. People, April 14, 2004, 427 SCRA 456
September 4, 2011 5. Prejudicial Question
16. Public Attorney’s Office Te v. Court of Appeals, G.R. No. 126746, November 29,
EO 292 as amended by RA 9406 2000
17. Counsel de oficio Ty-de Zuzuarregui v. Villarosa, G.R. No. 183788, April 5,
Rule 116, Sections 7 and 8 2010, 617 SCRA 377
Rule 122, Sec. 13 Gidwani v. People, G.R. No. 195064, January 15, 2014
B. Prosecution of Civil Action Intracorporate dispute as a prejudicial question: Omictin v.
1. Rule on implied institution of civil action Court of Appeals, G.R. No. 148004, January 22, 2007, 512
with criminal SCRA 70; Fabia v. Court of Appeals, G.R. No. 132684,
action August 20, 2001; Resolution in September 11, 2002, 437
BP 22: Rimando v. Aldaba, G.R. No. 20353, October 13, SCRA 389
2014; Rodriguez v. Judge Ponferrada, G.R. No. 155531- JM Dominguez Agronomic Co. Inc. v. Liclican, G.R. No.
34, July 29, 2005 208587, July 29, 2015, 764 SCRA 338
Alternative award: Abellana v. People, G.R. No. 174654, Magestrado v. People, G.R. No. 148072, July 10, 2007,
August 17, 2011, 655 SCRA 683 527 SCRA 125
6. Rule on Filing Fees in civil action deemed instituted with
the criminal action
Importance of value of stolen goods in: Viray v.
People, G.R. No. 205180, November 11, 2013